[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 rule 3750-1-01 of the Administrative Code titled
"Referenced materials."]
(A) Except as provided in paragraph (C)
of this rule, a release notification shall not be required under rule
3750-25-25 of the Administrative Code for any release of a hazardous substance
that is pursuant to the definitions in paragraph (B) of this rule continuous
and stable in quantity and rate.
(B) The following terms are defined terms
which apply this paragraph of release notification of continuous
releases:
(1) "Continuous" or "continuous release"
means a release that occurs without interruption or abatement or that is
routine, anticipated, and intermittent and incidental to normal operations or
treatment processes.
(2) "Normal
range" means all releases (in pounds or kilograms) of a hazardous
substance reported or occurring over any twenty-four hour period under normal
operating conditions during the preceding year. Only releases that are both
continuous and stable in quantity and rate may be included in the normal
range.
(3) "Routine"
means a release that occurs during normal operating procedures or
processes.
(4) "Stable in
quantity and rate" means a release that is predictable and regular in
amount and rate of emission.
(5) "Statistically
significant increase" means a release is an increase in the quantity of
the hazardous substances released above the upper bound of the reported normal
range of the release.
(C) The owner or operator of the facility
or vessel shall establish a sound basis for qualifying the release as a
continuous release by one of the following methods:
(1) Using release data,
engineering estimates, knowledge of operating procedures, or best professional
judgement to establish the continuity and stability of the
release.
(2) Reporting the release
to the Ohio EPA for a period sufficient to establish the continuity and
stability of the release.
When an owner or operator in charge of the
facility or vessel believes that a basis has been established to qualify the
release for reduced reporting under this section, initial reporting shall be
made consistent with paragraph (D) of this rule.
(D) The owner or operator of a facility
or vessel shall provide the following notifications for any release qualifying
for the reduced reporting under this rule:
(1) Initial telephone
notification. Initial notification shall be made by telephone to the Ohio EPA.
The person in charge shall identify the notification as an initial continuous
release notification report and provide the following information:
(a) The name and location of the facility or vessel.
(b) The name and identity of the hazardous substance being
released.
(2) Initial written
notification. Initial written notification of a continuous release shall be
made to the Ohio EPA and appropriate committee for the geographic area where
the releasing facility or vessel is located.
(a) Initial written notification to the Ohio EPA and appropriate
committee shall occur within thirty days of the initial telephone notification,
and shall include, for each release for which reduce reporting as a continuous
release is claimed, the following information:
(i) The name of the
facility or vessel.
(ii) The location of the
facility or vessel, including the latitude and longitude.
(iii) The spill number
assigned by the Ohio EPA and the national response center case
number.
(iv) The dunn and
bradstreet number of the facility, if available.
(v) The port of
registration of the vessel.
(vi) The name and
telephone number of the person in charge of the facility.
(vii) The population
density within a one-mile radius of the facility or vessel, described in terms
of the following:
0 - 50 persons
51 - 100 persons
101 - 500 persons
501 - 1,000 persons
More than 1,000 persons
(viii) The identity and
location of sensitive populations and ecosystems within a one-mile radius of
the facility or vessel (e.g., elementary schools, hospitals, retirement
communities, or wetlands).
(ix) For each hazardous
substance release claimed to qualify for continuous release, the following
information shall be supplied:
(a) The name and identity
of the hazardous substance, the chemical abstracts service registry number for
the substance (if available); and if the substance being released is a mixture,
the components of the mixture and their approximate concentrations and
quantities, by weight.
(b) The upper and lower
bounds of the normal range of the release (in pounds or kilograms) over the
previous year.
(c) The source of the
release (e.g., valves, pump seals, storage tank vents, stacks). If the release
is from a stack, the stack height (in feet or meters).
(d) The frequency of the
release and the fraction of the release from each release source and the
specific periods over which it occurs.
(e) A brief statement
describing the basis for stating that the release is continuous and stable in
quantity and rate.
(f) An estimate of the
total annual amount that was released in the previous year (in pounds of
kilograms).
(g) The following
environmental medium affected by the release:
(i) If surface water, the
names of the surface water body.
(ii) If a stream, the
stream order or average flowrate (in cubic feet/second) and designated
use.
(iii) If a lake, the
surface area (in acres) and average depth (in feet or meters).
(iv) If on or under
ground, the location of public water supply wells with-in two
miles.
(h) A signed statement
that the hazardous substance release described is continuous and stable in
quantity and rate under the definitions in paragraph (B) of this rule and that
all reported information is accurate and current to the best knowledge of the
owner or operator.
(3) Follow-up
notification. Within thirty days of the first anniversary date of the initial
written notification, the owner or operator of the facility or vessel shall
evaluate each hazardous substance release reported to verify and update the
information submitted in the initial written notification. The follow-up
notification shall include the following information:
(a) The name of the facility or vessel.
(b) The location of the facility or vessel including the latitude
and longitude.
(c) The spill number assigned by Ohio EPA and the national
response center case number.
(d) The dunn and bradstreet number of the facility, if
available.
(e) The port of registration of the vessel.
(f) The name and telephone number of the person in charge of the
facility or vessel.
(g) The population density within a one-mile radius of the
facility or vessel, described in terms of the following:
0 - 50 persons
51 - 100 persons
101 - 500 persons
501 - 1,000 persons
More than 1,000 persons
(h) The identity and location of sensitive populations and
ecosystems within a one-mile radius of the facility or vessel (e.g., elementary
schools, hospitals, retirement communities, or wetlands).
(i) For each hazardous substance release claimed to qualify for
reporting as a continuous release as defined under paragraph (B) of this rule,
the following information shall be supplied:
(i) The name and identity
of the hazardous substance; the chemical abstracts service registry number for
the substance (if available); and if the substance being released is a mixture,
the components of the mixture and their approximate concentrations and
quantities, by weight.
(ii) The upper and lower
bounds of the normal range of the release (in pounds or kilograms) over the
previous year.
(iii) The source of the
release (e.g., valves, pump seals, storage tank vents, stacks). If the release
is from a stack, the stack height (in feet or meters).
(iv) The frequency of the
release and the fraction of the release from each release source and the
specific periods over which it occurs.
(v) A brief statement
describing the basis for stating that the release is continuous and stable in
quantity and rate.
(vi) An estimate of the
total annual amount that was released in the previous year (in pounds of
kilograms).
(vii) The environmental
medium affected by the release:
(a) If surface water, the
names of the surface water body.
(b) If a stream, the
stream order or average flowrate (in cubic feet/second) and designated
use.
(c) If a lake, the
surface area (in acres) and average depth (in feet or meters).
(d) If on or under
ground, the location of public water supply wells within two
miles.
(viii) A signed statement
that the hazardous substance release described is continuous and stable in
quantity and rate under the definitions in paragraph (B) of this rule and that
all reported information is accurate and current to the best knowledge of the
owner or operator.
(4) Notification of
changes in release. If there is a change in the release, notification of the
change, not otherwise reported, shall be provided in the following
manner:
Notification of changes required under this
rule shall include the spill number assigned by the Ohio EPA and the national
response center case number and also the signed certification statement
required under paragraphs (D)(2)(a)(ix)(h) and (D)(3)(i)(viii) of this
rule.
(a) If there is any change in the composition or source of the
release, the release is a new release and shall be qualified for reporting
under this rule by the submission of the initial verbal telephone notification
and the initial written notification in accordance with paragraphs (D)(1) and
(D)(2) of this rule as soon as there is a sufficient basis for asserting that
the release is continuous and stable in quantity and rate.
(b) If there is a change in the release such that the quantity of
the release exceeds the upper bound of the reported normal range, the release
shall be reported as a statistically significant increase in the release. If a
change will result in a number of releases that exceed the upper bound of the
normal range, the owner or operator of a facility or vessel may modify the
normal range by the following:
(i) Reporting at least
one statistically significant increase report as required under paragraph
(D)(5) of this rule and, at the same time, informing the Ohio EPA of the change
in the normal range.
(ii) Submitting, within
thirty days of the initial telephone notification, written notification to the
Ohio EPA and appropriate committee describing the normal range, the reason for
the change, and the basis for stating that the release in the increased amount
is continuous and stable in quantity and rate under the definitions in
paragraph (B) of this rule.
(c) If there is a change in any information submitted in the
initial written notification or the follow-up notification other that the
change in the source, composition, or quantity of the release, the owner or
operator of the facility or vessel shall provide written notification of the
change to Ohio EPA and the appropriate committee for the geographic area where
the facility or vessel is located, within thirty days of determining that the
information submitted previously is no longer valid. Notification shall include
the reason for the change, and the basis for the stating that the release is
continuous and stable under the changed conditions.
(5) Notification of
statistically significant increase in the release. Notification of
statistically significant increase in release shall be made to the Ohio EPA as
soon as the owner or operator of the facility or vessel has knowledge of the
increase. The release shall be identified as a statistically significant
increase in the continuous release. A determination of whether the increase is
a "statistically significant increase" shall be made based upon
calculations or estimation procedures that will identify releases that exceed
the upper bound of the normal range.
(E) Each hazardous substance release
shall be evaluated annually to determine if changes have occurred in the
information submitted in the initial written notification, the follow-up
notification, or in a previous change notification.
(F) In lieu of an initial written report
or follow-up report, owners or operators of subject facilities subject to the
requirements of Section 313 of the SARA Title III, Emergency Planning and
Community Right to Know Act (EPCRA) 1986, and Chapter 3751. of the Revised Code
may submit to the Ohio EPA and the appropriate committee for the geographic
area where the facility is located, a copy of the Toxic Release Inventory Form
submitted under Section 313 of SARA Title III, Emergency Planning and Community
Right to Know Act (EPCRA), and Chapter 3751. of the Revised Code the previous
July first, provided that the following information is added:
(1) The population
density within a one-mile radius of the facility or vessel, described in terms
of the following:
0 - 50 persons
51 - 100 persons
101 - 500 persons
501 - 1,000 persons
More than 1,000 persons
(2) The identity and
location of sensitive populations and ecosystems within a one-mile radius of
the facility or vessel (e.g., elementary schools, hospitals, retirement
communities, or wetlands).
(3) For each hazardous
substance release claimed to qualify for continuous release, the following
information shall be supplied:
(a) The upper and lower bounds of the normal range of the release
(in pounds or kilograms) over the previous year.
(b) The frequency of the release and the fraction of the release
from each release source and the specific periods over which it
occurs.
(c) A brief statement describing the basis for stating that the
release is continuous and stable in quantity and rate.
(d) A signed statement that the hazardous substance release is
continuous and stable in quantity and rate under the definitions in paragraph
(B) of this rule and that all reported information is accurate and current to
the best knowledge of the owner or operator.
(G) Where necessary to satisfy the
requirements of this rule, the owner or operator of the facility or vessel may
rely on recent release data, engineering estimates, the operating history of
the facility or vessel, or other relevant information to support
notification.
(1) All supporting
documents, materials, and other information shall be kept on file at the
facility, or in the case of a vessel, at an office within the state of Ohio in
either the port of call, a place of regular berthing, or the headquarters of
the business operating the vessel.
(2) Supporting materials
shall be kept on file for a period of one year and shall substantiate the
reported normal range of releases, the basis for stating that the release is
continuous and stable in quantity and rate, and the other information in the
initial written report, the follow-up report, and the annual evaluations
required under paragraphs (D)(2), (D)(3), and (E) of this rule.
(3) Supporting
information shall be made available to Ohio EPA upon request as necessary to
enforce the requirements of this rule.
(H) Multiple current release of the same
substance occurring at various locations with respect to contiguous plants or
installations upon contiguous grounds that are under common ownership or
control may be considered separately or added together in determining whether
such releases constitute a continuous release or statistically significant
increase under the definitions in paragraph (B) of this rule; whichever
approach is elected for purposes of determining whether a release is continuous
also shall be used to determine a statistically significant increase in the
release.