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RULES: Toxic Chemical Release Reporting (OAC Chapter 3745-100)

Interested Party Review — Ohio Administrative Code 3745-100

Toxic Chemical Release Reporting

What does OAC 3745-100 cover?

Ohio Administrative Code (OAC) Chapter 3745-100, “Toxic Chemical Release Reporting,” otherwise known as Toxic Release Inventory (TRI) is authorized by Chapter 3751 of the Ohio Revised Code (ORC). These rules are the state equivalent of Code of Federal Regulations (CFR) 40 Chapter 1 subchapter J part 372 as authorized by Section 313 of the federal Superfund Amendments and Reauthorization Act (SARA), also known as the Emergency Planning and Community Right to Know Act, (EPCRA).
 
TRI is a resource for learning about toxic chemical releases and pollution prevention activities reported by industrial and federal facilities. TRI data support informed decision-making by communities, government agencies, companies, and others.

What step is this in the rulemaking process?
This step in Ohio EPA’s rulemaking process, required by Ohio Revised Code (ORC) 121.39, is called Interested Party Review. During this step, the Agency makes available draft rules for interested parties for review and comment. This step occurs after the Early Stakeholder Outreach comment period. 

What changes are being considered?
Ohio EPA will be performing a general review of the rules in this chapter to fulfill the requirements of ORC 106.03 and 106.031 (5-year review). Along with various minor changes for clarification and fixing typographical errors, there will be an update to the North American Industrial Classification System codes to match recent code revisions, Ohio EPA will also consider other changes, as warranted, based on comments received.

Who will be regulated by these rules?
Manufacturing facilities that have 10 or more full-time employees and meet the established thresholds for manufacturing, processing, or otherwise using listed chemicals must report their releases, transfers, and waste management activities.

What is the rulemaking schedule?
Upon completion of the Interested Party Review portion of this rulemaking, Ohio EPA will make any changes necessary to the rule language. After considering comments, the rules will be filed with JCARR (Joint Committee on Agency Rule Review).

How can I get more information?
Copies of this fact sheet, CSI form and the draft rules are on the DAPC’s website at https://epa.ohio.gov/divisions-and-offices/air-pollution-control/regulations/proposed-rules/dapc-proposed-rules.  

For more information about these draft rules, please contact:
                 Graham Johnson                                                     or                                                David Zeller
                 (614) 995-1415                                                                                                                (614) 728-1341
                 graham.johnson@epa.ohio.gov                                                                          david.zeller@epa.ohio.gov

Comments on the draft rules must be received no later than 5 p.m. April 11, 2025.


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