Ohio Administrative Code
Title 1301:7 - Division of State Fire Marshal
Chapter 1301:7-9 - Underground Storage Tanks
Section 1301:7-9-12 - Out-of-service, closure-in-place, permanent removal, change-in service, and closure assessment of UST systems
Universal Citation: OH Admin Code 1301:7-9-12
Current through all regulations passed and filed through September 16, 2024
(A) Purpose and scope.
For the purpose of prescribing rules pursuant to section 3737.88 of the Revised Code, the state fire marshal hereby adopts this rule to establish requirements for underground storage tank systems containing regulated substances that are changedin-service, out-of-service, closed-in-place, or permanently removed. 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." The USTs listed in paragraph (E) of rule 1301:7-9-01 of the Administrative Code are exempt from this rule.
(B) Applicability.
(1) Any person who holds a legal, possessory,
or equitable interest in a parcel of real property on which an underground
storage tank system is located, regardless of that person's status as an
"owner" or "operator" as those terms are defined in section
3737.87
of the Revised Code, shall comply with paragraphs (A) to (H) of this rule. The
owner and operator shall comply with the entire rule.
(2) In carrying out any activity under this
rule, owners and operators shall comply with the provisions of rules
1301:7-9-13,
1301:7-9-16,
and
1301:7-9-17
of the Administrative Code.
(C) Handling of regulated materials associated with an UST site.
The handling, transportation, and disposal of any regulated substance removed from an UST system, regulated soil, backfill materials, groundwater, wash water, or other similar materials removed from the system or facility shall be managed in accordance with all applicable federal, state, and local regulations in effect for the type, volume, constituent concentration, and classification of the material.
(D) General performance standards, permits, certified UST installers, and inspectors.
(1)
Any person performing work pursuant to paragraphs (E)(3) to (H) of this rule
shall obtain a permit pursuant to paragraph (C) of rule
1301:7-9-10
of the Administrative Code, prior to performing work, from the local fire
agency that has been given delegated authority pursuant to rule
1301:7-9-15
of the Administrative Code and has jurisdiction over the area where the UST
system is located, or, if the local fire agency does not have such authority,
the state fire marshal.
(2) Unless
stated otherwise, all work performed pursuant to paragraphs (E)(3) to (H) of
this rule shall be supervised by a certified UST installer and inspected by a
certified UST inspector as required in paragraph (D) of rule
1301:7-9-10
of the Administrative Code.
(E) Out-of-service requirements of UST systems.
(1) Out-of-service UST systems shall
comply with the applicable requirements of this chapter including, but not
limited to, the following:
(a) The UST system
shall comply with registration requirements pursuant to rule
1301:7-9-04
of the Administrative Code;
(b) The
UST system shall comply with the financial responsibility requirements pursuant
to rule
1301:7-9-05
of the Administrative Code; and
(c)
The UST system shall comply with the construction and operational requirements
for cathodic protection pursuant to paragraphs (D)(1) to (D) (4) of rule
1301:7-9-06
of the Administrative Code.
(2) UST systems that have been taken
temporarily out-of-service for ninety days or less shall have the fill line,
gauge opening, and dispensing unit secured against tampering. Vent lines shall
remain open and functioning.
(a) Regulated
substances may remain in the UST system provided that release detection is
performed pursuant to rule
1301:7-9-07
of the Administrative Code. Release detection is not required if the UST system
is empty.
(b) An UST system shall
be considered empty when all regulated substances have been removed so that no
more than one inch of residue, or 0.3 per cent by volume of the total capacity
of the UST system, remains in the UST system.
(3) If an UST system is out-of-service for
more than ninety days, the UST system shall be maintained in the following
manner:
(a) The vent lines shall be left open
and functioning;
(b) All other
lines, pumps, manways, and ancillary equipment shall be capped and secured;
and
(c) The UST system shall be
emptied. The UST system shall be considered empty when all regulated substances
have been removed so that no more than one inch of residue, or 0.3 per cent by
volume of the total capacity of the UST system, remains in the UST
system.
(4) An
out-of-service permit shall be obtained for a UST system out-of service for
more than ninety days in accordance with paragraph (C) of rule
1301:7-9-10
of the Administrative Code.
(a) As a condition
of the out-of-service permit:
(i) an
inspection of the out-of-service UST system shall be performed as required by
paragraph (D) of rule
1301:7-9-10
of the Administrative Code; and
(ii) the state fire marshal or the certified
fire safety inspector with delegated authority pursuant to rule
1301:7-9-15
of the Administrative Code for the jurisdiction where the UST system is located
may require the owner or operator to submit copies of release detection records
pursuant to paragraph (E) of rule
1301:7-9-07
of the Administrative Code.
(b) Prior to the expiration date of an
out-of-service permit, a renewal of the out-of-service permit may be requested
by submitting a new permit application pursuant to rule
1301:7-9-10
of the Administrative Code to the state fire marshal or the certified fire
safety inspector with delegated authority pursuant to rule
1301:7-9-15
of the Administrative Code for the jurisdiction where the UST system is
located.
(i) Neither a certified UST installer
nor a certified UST inspector are required for the renewal of an out-of-service
permit.
(ii) Any previously
approved out-of-service permit for which a renewal application is submitted
shall be extended until the state fire marshal or the certified fire safety
inspector with delegated authority pursuant to rule
1301:7-9-15
of the Administrative Code for the jurisdiction where the UST system is located
acts upon the renewal application.
(c) The out-of-service permit or renewal
permit shall be effective until the expiration date listed on the permit as
issued by the state fire marshal or the certified fire safety inspector with
delegated authority pursuant to rule
1301:7-9-15
of the Administrative Code for the jurisdiction where the UST system is
located. If no expiration date is listed on the permit, the out-of-service
permit shall extend for twelve months commencing from the issuance date of the
permit.
(d) The out-of-service
permit application or renewal application shall be approved at the discretion
of the state fire marshal or the certified fire safety inspector with delegated
authority pursuant to rule
1301:7-9-15
of the Administrative Code for the jurisdiction where the UST system is
located.
(e) A variance from the
timely submittal of an out-of-service permit application or renewal application
may be granted provided that the person making the request demonstrates good
cause as determined by the state fire marshal or the certified fire safety
inspector with delegated authority pursuant to rule
1301:7-9-15
of the Administrative Code for the jurisdiction where the UST system is
located.
(5) An UST
system that is out-of-service more than ninety days as part of a scheduled
seasonal discontinuation of use is not required to obtain the out-of-service
permit required in paragraph (E)(4) of this rule if all of the following
conditions are met:
(a) Written approval is
obtained from the state fire marshal or the certified fire safety inspector
with delegated authority pursuant to rule
1301:7-9-15
of the Administrative Code for the jurisdiction where the UST system is
located;
(b) The UST system is
located at a marina, golf course, amusement park, or other seasonal facility as
approved by the state fire marshal or the certified fire safety inspector with
delegated authority pursuant to rule
1301:7-9-15
of the Administrative Code for the jurisdiction where the UST system is
located;
(c) The UST system is
maintained in accordance with paragraph (E)(3) of this rule; and
(d) The UST system has not been
out-of-service for a period exceeding twelve months.
(6) If an UST system or portions of an UST
system are out-of-service for more than twelve months or more than the time
period approved in the out-ofservice permit or renewal permit granted pursuant
to paragraph (E)(4) of this rule, owners and operators and any person who holds
a legal, possessory, or equitable interest in a parcel of real property on
which an UST system is located, regardless of that person's status as an
"owner" or "operator" as those terms are defined in section
3737.87
of the Revised Code shall manage the UST system as follows:
(a) For a UST system which meets the
performance standards pursuant to paragraphs (D)(1) to (D)(4) of rule
1301:7-9-06
of the Administrative Code:
(i) Within ninety
days, place the UST system back into service pursuant to paragraph (E)(7) of
this rule;
(ii) Within ninety days,
permanently remove, close-in-place, or perform a change-in-service of the UST
system in accordance with this rule; or
(iii) Obtain a variance from the timely
submittal of an out-of-service permit application or renewal application in
accordance with paragraph (E)(4)(e) of this rule and request an
out-of-service-permit or renewal permit by submitting a permit application form
pursuant to paragraph (E)(4) of this rule.
(b) For a UST system which does not meet the
performance standards pursuant to paragraphs (D)(1) to (D)(4) of rule
1301:7-9-06
of the Administrative Code:
(i) Within ninety
days, permanently remove or close-in-place the UST system in accordance with
this rule, unless an out-of-service permit or a renewal permit is granted;
or
(ii) Obtain a variance from the
timely submittal of an out-of-service permit application or renewal application
in accordance with paragraph (E)(4)(e) of this rule. Prior to applying for the
out-ofservice or renewal permit, a closure assessment shall be performed in
accordance with this rule and a closure assessment report shall be submitted to
the state fire marshal pursuant to paragraph (J) of this
rule.
(7) An
UST system that has been out-of-service may be placed back into service at any
time provided that the UST system meets the following requirements:
(a) The UST system is equipped to meet the
performance standards for existing UST systems pursuant to rules
1301:7-9-06
of the Administrative Code and release detection requirements pursuant to rule
1301:7-9-07
of the Administrative Code;
(b) For
an UST system out-of-service more than twelve months, the UST and primary pipe
that routinely contains regulated substances passes a tightness test in
accordance with paragraph (F) of rule
1301:7-9-07
of the Administrative Code within seven days of going back into
service;
(c) Within thirty days of
bringing the UST system back into service, the owner or operator submits a
modified registration application to the state fire marshal pursuant to rule
1301:7-9-04
of the Administrative Code;
(d) The
UST system is in compliance with financial responsibility requirements pursuant
to rule
1301:7-9-05
of the Administrative Code; and
(e)
The state fire marshal has not issued an order prohibiting the UST system from
going back into service.
(F) Closure-in-place requirements for UST systems.
(1) An UST system shall not be
closed-in-place unless approved in writing by the state fire marshal or a
certified fire safety inspector with delegated authority pursuant to rule
1301:7-9-15
of the Administrative Code for the jurisdiction where the UST system is
located. An UST system may be closed-in-place for any of the following reasons:
(a) The UST system is located adjacent to or
under equipment or structures that will likely be damaged or weakened if the
UST system is removed;
(b) The UST
system is situated in a location where the removal is physically impossible;
or
(c) Removal of the UST system
may expose people or the environment to unreasonable
hazards.
(2) Cost shall
not be used as the sole reason to justify closure-in-place of an UST
system.
(3) An UST system shall be
closed-in-place in accordance with American Petroleum Institute Recommended
Practice RP 1604-96 (reaffirmed 2010); "Closure of Underground Petroleum
Storage Tanks." The solid inert material used to fill an UST shall have a
density that is greater than the density of water.
(G) Permanent removal requirements for UST systems.
(1) Permanent removal of an UST
system shall be conducted in accordance with the following:
(a) All UST systems or any part of an UST
system permanently closed shall be removed from the ground unless certified
fire safety inspector with delegated authority pursuant to rule
1301:7-9-15
of the Administrative Code or the state fire marshal for jurisdictions where
such authority has not been delegated authorizes the closure-in-place of the
UST system or any part of the UST system pursuant to paragraph (F)(1) of this
rule;
(b) All UST systems being
permanently removed shall comply with the cleaning, removal, and safety
requirements of American Petroleum Institute Recommended Practice RP 1604-96
(reaffirmed 2010); "Closure of Underground Petroleum Storage Tanks," and
National Institute for Occupational Safety and Health Publication 80-106
(1979); "Criteria for a Recommended Standard: Working In Confined
Spaces";
(c) The UST shall be
maintained in a safe condition by regularly monitoring the UST to ensure that
an accumulation of explosive vapors does not occur;
(d) All liquid and residue shall be removed
from the UST before the UST leaves the site and handled in accordance with
paragraph (C) of this rule;
(e) The
UST shall be rendered unusable and free of explosive vapors before the UST
leaves the site by cutting up or crushing the UST or by perforating the UST
with numerous holes using explosion-proof non-sparking tools. No UST shall be
reused for any purpose unless written approval is obtained from the state fire
marshal prior to the removal activity;
(f) All backfill from the tank cavity
excavation, piping trenches, dispensing unit areas, and remote fill pipe
trenches shall be removed;
(g) No
more than twelve inches of native soil shall be removed from the side walls and
bottom of the tank cavity excavation, piping trenches, dispensing unit areas,
and remote fill pipe trenches. Where bedrock is encountered within the first
twelve inches, remove native soil to bedrock. Further removal of soil from the
tank cavity, piping trenches, dispensing unit areas, and remote fill pipe
trenches for purposes of corrective action shall not be conducted without prior
approval of the state fire marshal; and
(h) Backfill and native soil removed from the
tank cavity excavation, piping trenches, dispensing unit areas, and remote fill
pipe trenches may be stored on site in a stockpile for a period not to exceed
one hundred twenty days, provided that it has been placed on a concrete pad,
asphalt pad, or impermeable synthetic liner, covered to prevent infiltration of
rain water, and has been surrounded with a berm to minimize the run off water.
Storage on site beyond one hundred twenty days shall only occur if prior
approval has been granted by the state fire marshal. Backfill and native soil
shall be handled in accordance with paragraph (C) of this rule.
(i) If free product is discovered during
removal of any portion of an UST system, owners and operators shall report a
suspected release to the state fire marshal within twenty-four hours and
proceed to conduct corrective action in accordance with paragraph (F) of rule
1301:7-9-13
of the Administrative Code.
(H) Change-in-service requirements for UST systems.
Change-in-service of an UST system shall be conducted in accordance with the following:
(1) The
UST shall be completely emptied and cleaned; and
(2) All piping and ancillary equipment that
is not part of the change-in-service shall be closed-in-place or removed
pursuant to paragraphs (F) and (G) of this rule.
(I) Closure assessment.
(1) Activities subject to closure assessment.
(a) Owners and operators of UST systems shall
conduct a closure assessment in accordance with this rule when the UST system,
or any portion of the UST system:
(i) Is
permanently removed, including removals resulting from modifications of product
piping and associated components that routinely contain a regulated
substance;
(ii) Is
closed-in-place;
(iii) Undergoes a
change-in-service;
(iv) Is
out-of-service for more than twelve months without an approved permit extending
the out-of-service period in accordance with paragraph (E)(4) of this rule;
or
(v) Is out-of-service for more
than the approved out-of-service period pursuant to paragraph (E)(4) of this
rule unless a variance has been requested and approved in accordance with
paragraph (E)(4)(e) of this rule.
(b) For those portions of the UST systems
being assessed in a corrective action program under rule
1301:7-9-13
of the Administrative Code, a closure assessment is required unless a
demonstration is made to show that those portions of the UST system requiring a
closure assessment have been adequately assessed in accordance with rule
1301:7-9-13
of the Administrative Code or an alternative sampling plan is approved by the
state fire marshal.
(c) Closure
assessment activities listed in paragraphs (I)(2)(b) to (I)(2)(h), (I)(3),
(I)(4), (J)(1) and (J)(2) of this rule are not required for piping and piping
components, such as flex connectors and other underground ancillary equipment,
that meet the performance standards for corrosion protection pursuant to
paragraphs (D)(3) and (D)(4) of rule
1301:7-9-06
of the Administrative Code and are not located in a sole source aquifer, or in
a drinking water source protection area as defined in paragraph (C) of rule
1301:7-9-13
of the Administrative Code, under the following conditions:
(i) Permanently out-of-service piping is
located in a common trench with piping associated with an operating UST system
and the owner or operator demonstrates that the piping that is permanently
out-of-service has passed a tightness test conducted pursuant to paragraphs
(F)(2)(a) and (F)(2)(b) of rule
1301:7-9-07
of the Administrative Code within sixty days prior to being closed-in-place
until closure assessment activities are conducted on the remaining piping in
the trench under paragraphs (I)(1)(a)(i) to (I)(1)(a)(iii) of this
rule;
(ii) Modifications to piping
and piping components located beneath dispensers or over USTs that are not
contained in a containment sump and the owner or operator demonstrates that the
piping components have passed a tightness test conducted pursuant to rule
1301:7-9-07
of the Administrative Code within sixty days prior to modification of the
piping components; or
(iii) Piping
and piping components that are modified in order to install under dispenser
containment and the owner or operator demonstrates that the piping components
have passed a tightness test conducted pursuant to rule
1301:7-9-07
of the Administrative Code within sixty days prior to the
installation.
(d)
Closure assessment activities listed in paragraphs (I)(2)(b) to (I)(2)(h), (I)
(3), (I)(4), (J)(1) and (J)(2) of this rule are not required for modifications
to piping and piping components, such as flex connectors and other underground
ancillary equipment, contained in a containment sump beneath dispensers or over
USTs that meet the performance standards for corrosion protection for product
piping pursuant to paragraphs (D)(3) to (D)(4) of rule
1301:7-9-06
of the Administrative Code and the owner or operator demonstrates the UST
system has passed one of the following:
(i) A
tightness test of the piping components conducted pursuant to rule
1301:7-9-07
of the Administrative Code within sixty days prior to modification of the
piping components, or
(ii) A
tightness test of the containment sump conducted pursuant to rule
1301:7-9-07
of the Administrative Code within sixty days prior to modification of the
piping components.
(e)
Notwithstanding the testing requirements of paragraph (I)(1)(c) or (I)(1) (d)
of this rule, if free product is present in soil or backfill or if there is
evidence that a component is leaking or has leaked to the soil or backfill, a
site check must be performed pursuant to paragraph (F)(3) of rule
1301:7-9-13
of the Administrative Code. If there is evidence that a component is leaking or
has leaked and appears to be contained within the containment sump, then a
tightness test of the containment sump may be performed in accordance with
paragraph (F) of rule
1301:7-9-07
of the Administrative Code. If the tightness test of the containment sump
passes, a site check is not required.
(f) All activities conducted pursuant to
paragraph (I)(1)(c) or (I)(1)(d) of this rule shall be documented on a form
prescribed by the state fire marshal and submitted to the state fire marshal
within ninety days of the completion of the activities. The form shall include,
but not be limited to, the following:
(i) A
site map which accurately depicts property boundaries, street locations, above
ground structures, and the UST systems including the number of USTs, adjacent
properties and their use, and the portions of the UST system being
modified;
(ii) Results from a
tightness test of the piping components or of the containment sump;
(iii) A description of the visual site
evaluation required by paragraph (I) (2)(a) of this rule including the UST
components being modified and the area immediately adjacent to the components
being modified;
(iv) Copy of any
permit required to be obtained in accordance with paragraph (D)(1) of this
rule; and
(v) Documentation
demonstrating compliance with corrosion protection.
(2) The closure assessment shall
consist of the following:
(a) Owners and
operators shall perform a visual site evaluation of the UST site to identify
all evidence of past or present operational problems, including but not limited
to, surface soil staining, concrete staining, concrete patchwork, areas where
piping and pump islands existed, and all potential sources of
contamination.
(b) Soil samples for
the UST system or portion of the UST system required to undergo a closure
assessment pursuant to paragraph (I)(1) of this rule shall be biased towards
the area of greatest suspected contamination and collected from all of the
following locations:
(i) Under both ends of
each UST. If an UST is longer than thirty-five feet an additional sample shall
be collected from under the middle of the UST;
(ii) Each side wall of the UST cavity
excavation on a ten foot by ten foot grid system;
(iii) Every ten feet along piping runs that
routinely contain regulated substances and under joints unless the sample
location is within two linear feet of another sample collected in accordance
with this paragraph. If the piping run is less than ten feet in length, no
sample is required to be collected for the piping, but soil samples are still
required for joints, couplings and elbows. If the piping run is associated with
an airport hydrant system, an alternate sampling plan shall be submitted for
approval by the state fire marshal prior to conducting the closure
assessment;
(iv) Underneath each
dispensing unit where joints, elbows, and flex connectors are located. If the
dispensing unit is located directly above the UST, no sample is required to be
collected, provided the UST is being removed; and
(v) From below any remote fill pipe area
located more than ten feet from the UST cavity excavation.
(c) Water samples for permanent removal shall
be collected in the following manner:
(i)
Water in the UST system excavation shall be completely evacuated and disposed
of in accordance with all federal, state, and local laws and regulations. If
water cannot be completely evacuated from the UST system excavation or if upon
recharge of water from surrounding soil into the UST system excavation to a
level sufficient for sample collection, a water sample shall be collected
within a period not to exceed twenty-four hours following the
evacuation.
(ii) Soil samples
required pursuant to paragraph (I)(2)(b)(i) of this rule need not be collected
if a water sample is obtained in accordance with paragraph (I)(2)(c)(i) of this
rule.
(d) When the UST
system or portion of the UST system is required to undergo a closure assessment
pursuant to paragraph (I)(1)(a)(i) of this rule, the following samples shall be
collected and sent to an accredited laboratory for analysis:
(i) The two soil samples with the highest
field screening readings from each UST cavity excavation including side wall
samples. If the UST cavity excavation contained more than three USTs, an
additional soil sample for each multiple or fraction of three USTs. If no field
screening readings are exhibited, the samples submitted shall be biased toward
the area(s) of greatest suspected contamination;
(ii) For product piping:
(a) One soil sample for every five samples
collected, or fraction thereof, from underneath all product piping,
and;
(b) Notwithstanding the
one-to-five ratio, at least one sample from each distinct piping run that leads
to a separate dispensing area or remote fill shall be submitted.
The samples submitted for analysis shall be those with the highest field screening readings from each distinct piping run. The remaining samples shall be those with the highest field screening readings, regardless of location. If no field screening readings are exhibited, the sample submitted shall be biased towards the area of greatest suspected contamination;
(iii) The soil sample
with the highest field screening reading from each remote fill pipe area. If no
field screening readings are exhibited, the sample submitted shall be biased
toward the area(s) of greatest suspected contamination;
(iv) The soil sample with the highest field
screening reading from each dispenser island. If more than three dispensing
units are present at the island, an additional sample shall be submitted for
each multiple or fraction of three dispensing units. If no field screening
readings are exhibited, the sample submitted shall be biased toward the area(s)
of greatest suspected contamination; and
(v) Any water samples that were
collected.
(e) When the
UST system or portion of the UST system is required to undergo a closure
assessment pursuant to paragraphs (I)(1)(a)(ii) to (I)(1)(a)(v) of this rule,
soil and water samples shall be collected by installing a minimum of three soil
boring and monitoring wells in the area most likely to contain chemical(s) of
concern above action levels. The soil borings and monitoring wells shall be
installed, sampled, and analyzed in accordance with paragraph (H)(1)(d)(ii) of
rule
1301:7-9-13
of the Administrative Code. Soil boring and monitoring well locations shall be
selected to ensure the evaluation of soil and groundwater surrounding the UST
system and be biased towards areas most likely to contain chemical(s) of
concern. Soil borings and monitoring wells shall be installed and sampled
within ninety days of the following:
(i) When
an UST system is closed-in-place as described by paragraph (F) of this
rule;
(ii) When an UST system is
undergoing a change-in-service as described by paragraph (H) of this rule;
or
(iii) When an UST system is
out-of-service as described by paragraph (E) (6) of this rule for greater than
twelve months without a permit or upon the expiration of an out-of-service
permit.
(f) All soil
samples collected shall be split into two components. One shall be packaged for
field screening, and the other packaged for potential laboratory analysis. The
sampling and packaging shall be in accordance with procedures established by
the state fire marshal.
(i) Soil samples
collected for field screening shall be screened on the UST site using equipment
calibrated in accordance with manufacturer's instructions and procedures
approved by the state fire marshal.
(ii) All samples shall be collected within
twenty-four hours of completing the excavation.
(g) With prior approval from the state fire
marshal, owners and operators may use the sampling procedures described in
paragraph (I)(2)(e) of this rule in place of the sampling procedures described
in paragraphs (I)(2)(b) to (I)(2)(d) of this rule to meet the sampling
requirements for the removal of an UST system.
(h) If site conditions interfere with the
collection of any samples required by paragraphs (I)(2)(b) to (I)(2)(e) of this
rule, owners and operators shall obtain approval in writing from the state fire
marshal for an alternative sampling protocol.
(i) If an UST system or portion of the UST
system was permanently removed, closed-in-place, or underwent a
change-in-service on or after September 1, 1992, and a closure assessment was
not conducted in accordance with the closure assessment rules in effect at the
time or a closure assessment report was not submitted, the state fire marshal
may direct the owner or operator to collect soil and groundwater samples by
advancing a minimum of three soil borings in the area most likely to contain
chemical(s) of concern above action levels. If groundwater is encountered,
monitoring wells shall be installed in the soil borings. The soil borings and
monitoring wells shall be installed and sampled in accordance with paragraph
(H)(1)(d)(ii) of rule
1301:7-9-13
of the Administrative Code. Soil boring and monitoring well locations shall be
selected to ensure the evaluation of soil and groundwater surrounding the UST
system and be biased towards areas most likely to contain chemical(s) of
concern.
(3) Samples sent
to the laboratory for analysis pursuant to paragraph (I)(2)(d) or (I) (2)(e) of
this rule shall be analyzed for the appropriate chemical(s) of concern. The
chemical(s) of concern shall be identified as follows:
(a) For UST systems that contained petroleum
products classified as analytical group 1, 2, 3, or 4 as defined in paragraph
(H)(1)(c) of rule 1301:7-9-13 of the Administrative Code, the appropriate
chemical(s) of concern and analytical methods shall be identified using table 1
of paragraph (H)(1) (c) of rule
1301:7-9-13
of the Administrative Code.
(b) For
UST systems that contained petroleum products classified as analytical group 5
in paragraph (H)(1)(c) of rule
1301:7-9-13
of the Administrative Code, chemical(s) of concern and analytical methods must
be identified, as appropriate, based on reasonably available information
related to typical additives, impurities and/or degradation products of the
petroleum product stored or handled at the UST site. Chemical(s) of concern
shall also be identified based on their toxicity, mobility, and persistence in
the environment. The owner and operator shall consult with and obtain written
approval from the state fire marshal for all chemical(s) of concern identified
for analysis, the analytical methods to be used to measure the presence of
those chemical(s) of concern, and the action levels established for all
chemical(s) of concern.
(c) For UST
systems that contained a hazardous substance(s) as described in paragraph (E)
of rule
1301:7-9-03
of the Administrative Code, additional chemical(s) of concern and analytical
methods must be identified, as appropriate, based on substance(s) stored in the
UST system and reasonably available information related to typical additives,
impurities, and/or degradation products. In addition, chemical(s) of concern
shall be identified based on their toxicity, mobility, and persistence in the
environment. The owners and operators shall consult with and obtain written
approval from the state fire marshal for all appropriate chemical(s) of concern
identified for analysis, the analytical methods to be used to measure the
presence of those chemical(s) of concern, and the action levels established for
all chemicals of concern.
(4) Action level development and comparison
shall be conducted as follows:
(a) Action
level assumptions.
(i) Assume the soil to be
soil class 1 as defined in paragraph (H)(2) of rule
1301:7-9-13
of the Administrative Code or submit laboratory analysis of the soil class that
best represents the soil under the UST site in accordance with ASTM
D2488-09a"Standard Practice for Description and Identification of Soils
(Visual-Manual Procedures)" or the "Unified Soil Classification System."
Bedrock shall be assumed to be soil class 1 for the purposes of this
rule.
(ii) Assume groundwater
exists, and that groundwater is drinking water.
(iii) Assume residential land use.
(b) Action level determination.
(i) For UST systems that contained petroleum
products classified as analytical group 1, 2, or 3 as defined in paragraph
(H)(1)(c) of rule
1301:7-9-13
of the Administrative Code, action levels must be obtained from table 1 of this
rule.
(ii) For UST systems that
contained petroleum products classified as analytical group 4 as defined in
paragraph (H)(1)(c) of rule
1301:7-9-13
of the Administrative Code, action levels must be obtained from table 1 of this
rule. For chemicals of concern not listed in table 1 of this rule, action
levels shall be developed by the owner and operator using the same
methodologies and assumptions used to determine the action levels set forth in
the tables found in paragraph (J)(3) of rule
1301:7-9-13
of the Administrative Code.
(iii)
For UST systems that contained petroleum products classified as analytical
group 5 as defined in paragraph (H)(1)(c) of rule
1301:7-9-13
of the Administrative Code, action levels shall be developed by the owner and
operator using the same methodologies and assumptions used to determine the
action levels set forth in the tables found in paragraph (J)(3) of rule
1301:7-9-13
of the Administrative Code.
(c) Action level comparison.
(i) For UST systems that contained petroleum
products classified as analytical group 1, 2, 3, 4, or 5 as defined in
paragraph (H)(1)(c) of rule
1301:7-9-13
of the Administrative Code, soil and groundwater laboratory analytical results
shall be compared to the action levels determined in paragraph (I)(4)(b) of
this rule as follows:
(a) If laboratory
analytical results exceed the action levels established for the petroleum UST
site, owners and operators shall report a confirmed release to the state fire
marshal within twenty-four hours of receiving the results and proceed to
conduct corrective action in accordance with paragraph (H) of rule
1301:7-9-13
of the Administrative Code.
(b) If
laboratory analytical results are at or below all applicable action levels,
then no further action is required.
(ii) For UST systems that contained hazardous
substances, if soil or groundwater analytical results indicate the presence of
chemical(s) of concern identified in paragraph (I)(3)(c) of this rule, owners
and operators shall proceed to conduct corrective action in accordance with
requirements of sections 9003 and 9005 of the Resource Conservation and
Recovery Act of 1976,
42
U.S.C.A. 6991b and
6991e, as
amended at the time of the effective date of this
rule. If laboratory analytical results indicate no chemical(s) of concern
are detected in subsurface soil or groundwater, then no further action is
required.
Table 1 Closure Action Levels
|
Drinking Water Action Levels* |
Chemical of Concern |
Soil Action Levels* |
||
|
Class 1 |
Class 2** |
Class 3** |
||
|
0.005 |
Benzene |
0.246 |
0.437 |
1.63 |
|
1.0 |
Toluene |
70.7 |
168 |
850 |
|
0.7 |
Ethylbenzene |
84.5 |
130 |
130 |
|
10.0 |
Total Xylenes |
42.7 |
51.8 |
63.5 |
|
0.0014 |
Naphthalene |
0.511 |
1.12 |
4.99 |
|
0.015 |
1,2,4 Trimethyl benzene |
2.37 |
5.89 |
7.99 |
|
0.12 |
Methyl tertiary butyl ether (MTBE) |
1.58 |
2.67 |
11.5 |
|
0.00005 |
1,2-Dibromoethane (EDB) |
0.000982 |
0.00177 |
0.00734 |
|
0.005 |
1,2-Dichloroethane (EDC) |
0.101 |
0.177 |
0.714 |
|
0.00092 |
Benzo(a)anthracene |
12 |
12 |
12 |
|
0.0002 |
Benzo(a)pyrene |
1.2 |
1.2 |
1.2 |
|
0.00092 |
Benzo(b)fluoranthene |
12 |
12 |
12 |
|
0.0092 |
Benzo(k)fluoranthene |
120 |
120 |
120 |
|
0.092 |
Chrysene |
1,200 |
1,200 |
1,200 |
|
0.000092 |
Dibenz(a,h)anthracene |
1.2 |
1.2 |
1.2 |
|
0.00092 |
Indeno(1,2,3-cd)pyrene |
12 |
12 |
12 |
|
N/A |
TPH C6- C12 |
1, 000.0 |
5, 000.0 |
8, 000.0 |
|
N/A |
TPH C10- C20 |
2, 000.0 |
10, 000.0 |
20, 000.0 |
|
N/A |
TPH C20- C34 |
5, 000.0 |
20, 000.0 |
40, 000.0 |
* COC concentrations are expressed in milligrams per liter (mg/l) or milligrams per kilogram (mg/kg).
** The use of soil class 2 or 3 during the closure assessment requires geotechnical analysis to confirm the classification in accordance with paragraph (I)(4)(a)(i) of this rule.
(J) Closure assessment report.
(1) Owners and operators shall submit one
copy of the written closure report to the state fire marshal, which shall be
received by the state fire marshal within ninety days from the date the samples
are required to be collected by this rule.
(2) Owners and operators shall prepare the
information collected in accordance with paragraph (I) of this rule on a form
prescribed by the state fire marshal. The closure report shall include the
following information:
(a) UST system owner,
operator, and facility data.
(i) The facility
name, address, zip code, telephone number, and county.
(ii) The facility owners' name, address, zip
code, telephone number, and county.
(iii) The UST system owners' name, address,
zip code, telephone number, and county.
(iv) The UST system operators' name, address,
zip code, telephone number, and county.
(b) UST system data.
(i) The age, capacity, use, and construction
material of the UST system that has been closed-in-place, permanently removed,
was out-ofservice for more than twelve months, or has undergone a
changein-service.
(ii) The
substance stored in the UST system.
(iii) Substances, other than petroleum, known
to have been formerly stored in the UST system.
(iv) The status of any UST system that is
currently-in-use, permanently removed, closed-in-place, undergoes a
change-in-service, or has been taken out-of-service.
(v) The disposition of the UST
system.
(vi) Date of last use, if
known.
(c) Waste disposal
data.
(i) A description of the amount in cubic
yards, the date generated, and the final disposition of any excavated soil or
backfill materials. This information shall be included on a form prescribed by
the state fire marshal.
(ii) A
written description of the amount and disposition of any liquids generated from
activities conducted in accordance with paragraph (I) of this rule.
(iii) Laboratory data sheets, including the
chain-of-custody form(s), for any analysis performed on any liquids and
excavated soil or backfill materials generated in accordance with paragraph (I)
of this rule.
(d)
Sampling data.
(i) Description of the sample
collection procedures, sample preservation techniques, sample containers, and
decontamination procedures associated with the closure assessment conducted in
accordance with paragraph (I) of this rule.
(ii) Details of any field screening
conducted, including the instrument readings, location and depth of sampling
points, sampling methodology, instrument used, and instrument calibration
associated with the closure assessment conducted in accordance with paragraph
(I) of this rule.
(iii) A copy of
the chain-of-custody form(s) documentation.
(iv) Date of sample collection.
(v) Name and affiliation of the person(s)
collecting the samples.
(vi)
Identify all sample locations and depths submitted for laboratory
analysis.
(e) Laboratory
data.
(i) Laboratory analytical sample
analysis results required as part of the closure assessment conducted in
accordance with paragraph (I) of this rule, presented in tabular form, with
laboratory data sheets attached.
(ii) Name, address, and telephone number of
the laboratory.
(iii) Name(s) of
the sample analyst(s).
(iv)
Instrument calibration information.
(v) Sample analysis method used.
(vi) Laboratory detection and quantitation
limits used.
(vii) Description of
whether the sample analyzed is soil or water.
(viii) Date the samples were received by the
laboratory.
(ix) Date the samples
were analyzed by the laboratory.
(x) Laboratory analysis summary form as
prescribed by the state fire marshal.
(f) Miscellaneous data.
(i) A site map which accurately depicts the
sample locations, property boundaries, street locations, above ground
structure(s), the UST system(s) including the number of UST's, adjacent
properties and their use, any known water wells located on the site, any known
monitoring wells located on the site, any utilities uncovered as part of the
excavation process, and the location(s) of any other known UST system(s) or
portions thereof known to have been closed-inplace or permanently
removed.
(ii) A description of the
native soil encountered.
(iii) A
description of the visual site evaluation required by paragraph (I) (2)(a) of
this rule.
(iv) Name, address,
telephone number of the UST inspector certified pursuant to rule
1301:7-9-15
of the Administrative Code who was present during the closure-in-place,
permanent removal, or changein-service.
(v) Name of the local fire department with
jurisdiction over the UST site.
(vi) Date that the UST system(s) was
closed-in-place, permanently removed, underwent a change-in-service, or was
out-of-service for more than twelve months.
(vii) Copy of any permit required to be
obtained in accordance with paragraph (D)(1) of this rule.
(viii) A completed copy of the closure form
as provided by the state fire marshal.
(ix) A copy of the inspection field report
signed by the certified installer and inspector.
(K) Previously closed UST systems.
When directed by the state fire marshal, the owner and operator of an UST system that was permanently removed, closed-in-place, or underwent a change-in-service before December 22, 1988, shall assess the excavation zone and close the UST system in accordance with this rule if releases from the UST system, in the judgement of the state fire marshal, pose a current or potential threat to human health and the environment.
(L) Requests for extensions.
If owners and operators desire an extension of time because they are unable to comply with paragraphs (I) to (K) of this rule, the owner and operator shall:
(1) Prepare a
written request on a form prescribed by the state fire marshal, signed by the
owners and operators, setting forth the following:
(a) The date the information was to be
submitted;
(b) The reasons for
requesting the extension;
(c) The
length of time for which the extension is requested;
(d) The name and complete address of the UST
site that is the subject of the extension request; and
(e) The release number, assigned by the state
fire marshal, for the UST site that is the subject of the extension
request.
(2) Submit a
written request in accordance with paragraph (L)(1) of this rule to the state
fire marshal prior to the expiration of the time period that is the subject of
the extension request. Submission of the written request required by paragraph
(L)(1) of this rule is accomplished only upon the actual receipt of the request
by the state fire marshal. The state fire marshal may grant, modify, or deny
any extension request at his sole discretion.
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