Ohio Administrative Code
Title 3745 - Ohio Environmental Protection Agency
Chapter 3745-104 - Accidental Release Prevention Program
Section 3745-104-02 - Threshold determination
Universal Citation: OH Admin Code 3745-104-02
Current through all regulations passed and filed through September 16, 2024
[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions references in this rule, see paragraph (C) of rule 3745-104-01 of the Administrative Code titled "Referenced materials."]
(A) A threshold quantity of a regulated substance listed in rule 3745-104-04 of the Administrative Code is present at a stationary source if the total quantity of the regulated substance contained in a process exceeds the threshold.
(B) For the purposes of determining whether more than a threshold quantity of a regulated substance is present at the stationary source, the following exemptions apply:
(1) Concentrations of a regulated toxic
substance in a mixture. If a regulated substance is present in a mixture and
the concentration of the regulated substance is below one per cent by weight of
the mixture, the amount of the substance in the mixture need not be considered
when determining whether more than a threshold quantity is present at the
stationary source. Except for oleum, toluene, 2,4-diisocyanate, toluene
2,6-diisocyanate, and toluene diisocyanate (unspecified isomer), if the
concentration of the regulated substance in the mixture is one per cent or
greater by weight, but the owner or operator can demonstrate that the partial
pressure of the regulated substance in the mixture (solution) under handling or
storage conditions in any portion of the process is less than ten millimeters
of mercury, the amount of the regulated substance in the mixture in that
portion of the process need not be considered when determining whether more
than a threshold quantity is present at the stationary source. The owner or
operator shall document this partial pressure measurement or
estimate.
(2) Concentrations of a
regulated flammable substance in a mixture.
(a) If a regulated substance is present in a
mixture and the concentration of the regulated substance is below one per cent
by weight of the mixture, the mixture need not be considered when determining
whether more than a threshold quantity of the regulated substance is present at
the stationary source. Except as provided in paragraphs (B)(2)(b) and (B)
(2)(c) of this rule, if the concentration of the regulated substance is one per
cent or greater by weight of the mixture, then, for purposes of determining
whether a threshold quantity is present at the stationary source, the entire
weight of the mixture shall be treated as the regulated substance unless the
owner or operator can demonstrate that the mixture itself does not have a
national fire protection association flammability hazard rating of four. The
demonstration shall be in accordance with the definition of flammability hazard
rating four in the NFPA 704 The owner or operator shall document the national
fire protection association flammability hazard rating.
(b) Gasoline. Regulated substances in
gasoline, when in distribution or related storage for use as fuel for internal
combustion engines, need not be considered when determining whether more than a
threshold quantity is present at a stationary source.
(c) Naturally occurring hydrocarbon mixtures.
Prior to entry into a natural gas processing plant or a petroleum refining
process unit, regulated substances in naturally occurring hydrocarbon mixtures
need not be considered when determining whether more than a threshold quantity
is present at a stationary source. Naturally occurring hydrocarbon mixtures
include any combination of the following: condensate, crude oil, field gas, and
produced water, each as defined in rule
3745-104-01 of the
Administrative Code.
(3)
Articles. Regulated substances contained in articles need not be considered
when determining whether more than a threshold quantity is present at the
stationary source.
(4) Uses.
Regulated substances, when in use for the following purposes, need not be
included in determining whether more than a threshold quantity is present at
the stationary source:
(a) Use as a structural
component of the stationary source.
(b) Use
of products for routine janitorial maintenance.
(c) Use of employees of foods, drugs,
cosmetics, or other personal items containing the regulated substance.
(d) Use of regulated substances present in
process water or non-contact cooling water as drawn from the environment or
municipal sources, or use of regulated substances present in air used either as
compressed air or as part of combustion.
(5) Activities in laboratories. If a
regulated substance is manufactured, processed, or used in a laboratory at a
stationary source under the supervision of a technically qualified individual,
the quantity of the substance need not be considered in determining whether a
threshold quantity is present. This exemption does not apply to
the following:
(a) Speciality chemical production.
(b) Manufacture, processing, or use of
regulated substances in pilot plant scale operations.
(c) Activities conducted outside the
laboratory.
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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