[Comment: For dates of non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see paragraph (YY) of this rule titled "Referenced materials."]
(A) If a container or storage vessel holds a mixture or solution of an extremely hazardous substance, then the concentration of extremely hazardous substance, in weight per cent (greater than one per cent), shall be multiplied by the mass (in pounds) in the vessel to determine the actual quantity of extremely hazardous substance therein.(B) Extremely hazardous substances that are solids are subject to either of two threshold planning quantities as shown in or referenced by rule 3750-20-30 of the Administrative Code (e.g., five hundred/ten thousand pounds). The lower (five hundred pounds) threshold planning quantity applies only if the solid: (1) Exists in powdered form and has a particles size less than one hundred microns.(2) Is handled in solution or in molten form.(3) Meets the criteria for a national fire protection association (NFPA) rating of two, three or four for reactivity. If the solid does not meet any of these criteria, the solid is subject to the upper (ten thousand pound) threshold planning quantity as shown in or referenced by rule 3750-20-30 of the Administrative Code.
(C) For the three forms of solids that are listed in paragraphs (B)(1) to (B)(3) of this rule, the quantity of extremely hazardous substance present is determined as follows:(1) The threshold planning quanity for a solid that exist in a powdered form with a particulate size less than one hundred micron level may be determined by multiplying the weight per cent of solid with a particle size less than one hundred microns in a particular container by the quantity of solid in the container.(2) The threshold planning quantity for a solid in solution may be determined by multiplying the weight per cent of non-reactive solid in the solution in a particular container by the total weight of solution in the container and then multiply by 0.2. This reduction in quantity may not be used to determine the amount present at one-time at a facility for reporting compliance with hazardous chemical reporting requirements under federal 40 C.F.R. Part 370 and Chapter 3750-30 of the Administrative Code, "Hazardous Chemical Reporting."(3) The threshold planning quantity for a solid solid in molten form may be determined by multiplying the weight of the nonreactive solid in molten form by0.3.(D) For purposes of this rule, "mixture" means a heterogeneous association of substances where the various individual substances retain their identities and can usually be separated by mechanical means. Includes solutions or compounds but does not include alloys or amalgams.(E) For purposes of this rule, "non-reactive solid" means any substance listed in appendix A or B of 40 CFR Part 355 - "Emergency Planning and Notification" with two threshold planning quantity values, the higher TPQ being ten thousand pounds.(F) For purposes of this rule, "reactive solid" means any extremely hazardous substance denoted with "a" in the "notes" column in appendix A or B of 40 CFR Part 355 -"Emergency Planning and Notification."(G) For purposes of this rule, "solution" means any aqueous or organic, slurries, viscous solutions, suspensions, emulsions, or pastes.Ohio Admin. Code 3750-20-10
Effective: 7/6/2021
Five Year Review (FYR) Dates: Exempt
Promulgated Under: 119.03
Statutory Authority: 3750.02(B)(1), 3750.02(B)(2)
Rule Amplifies: 3750.07
Prior Effective Dates: 06/30/1990, 01/02/2007