Current through all regulations passed and filed through September 16, 2024
(A) For the purpose
of prescribing rules pursuant to section
3737.02
and section
3737.882
of the Revised Code, the state fire marshal hereby adopts this chapter in
accordance with Chapter 119. of the Revised Code to implement the underground
storage tank program and corrective action program for releases from
underground petroleum storage tanks. This rule is adopted by the state fire
marshal in accordance with Chapter 119. of the Revised Code and shall not be
considered a part of the "Ohio Fire Code."
(B) Nothing in this chapter shall exempt
owners and operators of underground storage tank systems from complying with
any other applicable federal, state or local laws and regulations, including
but not limited to the "Ohio Fire Code" as the term is defined paragraph (A)(1)
of rule
1301:7-7-01
of the Administrative Code or the "Ohio Building Code" as the term is defined
in paragraph 101.1 of rule
4101:1-1-01 of the
Administrative Code. If the provisions of the "Ohio Fire Code" address similar
requirements or are in conflict with the requirements of this chapter, then the
provisions of this chapter shall apply.
(C) Airport hydrant fuel distribution
systems, underground storage tank (UST) systems with field constructed tanks,
and UST systems that store fuel solely for use by emergency generator systems
that were previously deferred from parts of this chapter shall meet the
following requirements of this chapter:
(1)
Airport hydrant fuel distribution systems and UST systems with field
constructed tanks that were installed before the effective date of this rule
shall comply with the following:
(a) Upon the
effective date of this rule, the requirements identified in rules
1301:7-9-12
and
1301:7-9-13
of the Administrative Code;
(b)
Within ninety days of the effective date of this rule, the requirements
identified in rules
1301:7-9-04
and
1301:7-9-05
of the Administrative Code; and
(c)
By October 13, 2018, the requirements identified in rules
1301:7-9-06,
1301:7-9-07,
and
1301:7-9-19
of the Administrative Code;
(2) Airport hydrant fuel distribution systems
and UST systems with field constructed tanks that were installed on or after
the effective date of this rule shall meet the requirements of this
chapter;
(3) UST systems that store
fuel solely for use by emergency generator systems that were installed before
May 16, 2011, shall meet the requirements of this chapter, except that the
release detection requirements of paragraph (C)(5) of rule
1301:7-9-07
of the Administrative Code shall be met by October 13, 2018; and
(4) UST systems that store fuel solely for
use by emergency generator systems that were installed on or after May 16,
2011, shall meet the requirements of this chapter.
(D) The following underground storage tank
systems are exempt from the requirements of this chapter:
(1) Any UST system holding hazardous wastes
listed or identified under Chapter 3745-51 of the Administrative Code, or a
mixture of such hazardous wastes and other regulated substances;
(2) Any wastewater treatment tank system that
is part of a wastewater treatment facility regulated under section 402 or
307(b) of the federal Water Pollution Control Act (33 U.S.C.A.
1251 to
1274, as
amended at the time of the effective date of this
rule);
(3) Equipment or
machinery that contains regulated substances for operational purposes such as
hydraulic lift tanks and electrical equipment tanks;
(4) Any UST system whose capacity is one
hundred ten gallons or less;
(5)
Any UST system containing a de minimis concentration of regulated substances;
and
(6) Any emergency spill or
overflow containment UST system that is expeditiously emptied after
use.
(E) The following
storage tank systems are partially excluded from this chapter; however, the
storage tank systems shall meet the requirements of this rule and of rule
1301:7-9-13
of the Administrative Code:
(1) Wastewater
treatment tank systems that are not part of a wastewater treatment facility
regulated under section 402 or 307(b) of the federal Water Pollution Control
Act (33 U.S.C.A.
1251 et seq., as amended
at the time of the effective date of this
rule);
(2) Aboveground
storage tanks associated with:
(a) Airport
hydrant fuel distribution systems referenced under paragraph (F) of rule
1301:7-9-06
and paragraph (H) of rule
1301:7-9-07
of the Administrative Code; or
(b)
UST systems with field-constructed tanks referenced under paragraph (F) of rule
1301:7-9-06
and paragraph (H) of rule
1301:7-9-07
of the Administrative Code;
(3) UST systems containing radioactive
material that are regulated under the Atomic Energy Act of 1954 (42 U.S.C.A.
2011 et seq., as amended
at the time of the effective date of this rule);
and
(4) UST systems that are part
of an emergency generator system at nuclear power generation facilities
licensed by the nuclear regulatory commission and subject to nuclear regulatory
commission requirements regarding design and quality criteria, including but
not limited to 10 C.F.R. part 50.
(F) No owner or operator shall install an UST
system listed in paragraph (E)(1), (E)(3), or (E)(4) of this rule for the
purpose of storing a regulated substance unless the UST system complies with
all of the following:
(1) The UST system is
installed and constructed in such a manner so as to prevent releases of the
regulated substance due to corrosion or structural failure for the operational
life of the UST system;
(2) The UST
system is cathodically protected against corrosion, constructed of
noncorrodible material, steel clad with a noncorrodible material, or designed
in a manner to prevent a release or threatened release of any stored substance;
and
(3) Is constructed or lined
with material that is compatible with the stored substance.
(G) Where any provision in this
chapter creates a duty of compliance for an owner and operator, and the owner
and operator are separate persons, compliance may be attained by either person.
In the event of noncompliance, both are liable.
