1192.10 REGULATED SUBSTANCES LIST

   (a)   Regulated Substance List.

      (1)   The substances to be regulated ("Regulated Substances") are those chemicals, mixtures, and other substances, or components thereof, that are known or suspected (as classified by EPA standards) carcinogens, toxic or highly toxic agents, corrosives, or which otherwise have been determined to be a health hazard or require monitoring as a primary or secondary contaminant under the Safe Drinking Water Act of 1986 (Public Law 93- 523), as amended. These substances shall be regulated when the concentration of Regulated Substances stored or otherwise used on site meets or exceeds those quantities specified in Subsection 1192.10(a)(2). Regulated Substances include:

         A.   Petroleum or petroleum-based products, including fuels, fuel additives, lubricating oils, motor oils, hydraulic fluids, and other similar petroleum-based products;

         B.   Antifreeze, transmission fluids, brake fluids, and coolants;

         C.   Solvents (raw or spent), including cleaning solvents, degreasing solvents, stripping compounds, dry cleaning solvents, painting solvents, and/or hydrocarbon or halogenated hydrocarbon solvents;

         D.   Inks, printing and photocopying chemicals, and waste rags used for solvent-based cleaning;

         E.   Organic pigments;

         F.   Liquid storage batteries;

         G.   Non-aerosol, non-latex based paints, primers, thinners, dyes, stains, wood preservatives, varnishing and cleaning compounds, paint sludges, and paint filters;

         H.   Corrosion and rust prevention solutions;

         I.   Industrial and commercial cleaning supplies, including drain cleaners;

         J.   Sanitizers, disinfectants, bactericides, and algaecides;

         K.   Pesticides, herbicides, and fertilizers;

         L.   Acids and bases with a pH less than or equal to 2 or greater than or equal to 12.5;

         M.   Aqueous metals;

         N.   Road salt (only when stored in the 1 and 5 year TOT);

         O.   Or any other material containing one percent (1%) or more by weight of a hazardous raw or waste product that is regulated: as an Extremely Hazardous Substance under Section 302 of the Emergency Planning and Community Right-to-Know Act (EPCRA) (OAC Chapter 3750-20); as a Hazardous Substance under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) (OAC Chapter 3750-30); or as a Toxic Chemical regulated under Section 313 of EPCRA (OAC 3745-100).

      (2)   A substance listed above may be exempted from regulation under this Chapter if the Regulated Substance does not present a threat to groundwater due to the nature of the substance, and the Facility Operator claiming this exemption for a specific Regulated Substance shows the Development Services Director or Designee proper documentation from the chemical manufacturer or other qualified, verifiable source that the Regulated Substance does not present a threat to groundwater.

      (3)   Chemicals which are regulated by SWDA, TSCA, RCRA, OSHA, CERCLA, SARA, FIFRA or other State and/or Federal Environmental Laws and Regulations, or for which there is scientific evidence such as the contaminant candidate list (CCL) under the USEPA that indicate acute or chronic health effects can result from exposure including carcinogens, toxic and highly toxic agents, reproductive toxins, teratogens, endocrine disruptors, irritants, corrosives, sensitizers, hepatotoxins, nephrotoxins, neurotoxins, agents which act on the hematopoietic system, obxoxious substances causing odor and taste problems, and agents which damage the lungs, skin, eyes, or mucous membranes;

      (4)   Baseline Quantity Thresholds. Substances listed in Subsection 1192.10( a)(1) shall be considered regulated when, at any time of the year, the concentration of Regulated Substances Stored or used at a facility meets or exceeds the lesser of the following quantities:

         A.   When located within the one (1) and five (5) year TOT, in amounts exceeding fifty-five (55) gallons aggregate for liquid materials or four hundred forty (440) pounds aggregate for dry weights;

         B.   When located within the ten (10) year TOT, in amounts meeting or exceeding one thousand (1,000) gallons aggregate for liquid materials or eight thousand (8,000) pounds aggregate for dry weights when stored aboveground, or five hundred (500) gallons aggregate for liquid materials when stored in an underground storage tank.

      (5)   Regulated Substances for Consumer Purchase. Storage of Regulated Substances packaged as consumer products in original containers for consumer purchase shall be regulated under this Chapter only when storage meets or exceeds five (500) hundred gallons aggregate for liquid materials or four thousand (4,000) pounds aggregate for dry weights, whichever is less, in the one (1) and five (5) year TOT, or one thousand (1,000) gallons aggregate for liquid materials or eight thousand (8,000) pounds aggregate for dry weights, whichever is less, in the ten (10) year TOT. (Ord. 120- 11. Passed 11-28-11.)