Ohio Code 3751.02 – Authority of director
The director of environmental protection may do any of the following:
Terms Used In Ohio Code 3751.02
- EPCRA: means the "Emergency Planning and Community Right-To-Know Act of 1986" 100 Stat. See Ohio Code 3751.01
- Facility: means all buildings, equipment, structures, and other stationary items that are located on a single site or on contiguous or adjacent sites and that are owned or operated by the same person or by any person who controls, is controlled by, or is under common control with such person. See Ohio Code 3751.01
- Population: means that shown by the most recent regular federal census. See Ohio Code 1.59
- Release: means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or discharging into the environment of any toxic chemical including, without limitation, the abandonment or discarding of barrels, containers, and other closed receptacles that contained a toxic chemical. See Ohio Code 3751.01
- state: means the state of Ohio. See Ohio Code 1.59
- Toxic chemical: means a chemical listed in rules adopted by the administrator of the United States environmental protection agency under EPCRA. See Ohio Code 3751.01
- United States: includes all the states. See Ohio Code 1.59
(A) Adopt rules in accordance with Chapter 119 of the Revised Code establishing requirements or authorizations that the director considers necessary or appropriate to implement and administer this chapter.
(B) As the representative of the governor pursuant to EPCRA, request the administrator of the United States environmental protection agency to apply the toxic chemical release reporting requirements of that act to the owner or operator of any facility in this state that manufactures, processes, or otherwise uses a toxic chemical if, in the director’s judgment, such reporting is warranted by the toxicity of the toxic chemical manufactured, processed, or otherwise used at the facility; the proximity of the facility to other facilities that release the toxic chemical or to population centers; or the history of releases of the toxic chemical at the facility;
(C) As the representative of the governor pursuant to EPCRA, petition the administrator to, by regulation, add a chemical to or delete a chemical from the list of toxic chemicals subject to the toxic chemical release reporting requirements of that act if, in the director’s judgment, the chemical meets the criteria required by that act.