Current through all regulations passed and filed through September 16, 2024
(A) Purpose and scope.
For the purpose of prescribing rules pursuant to divisions (A)
and (E) of section 3737.88 and division (B) of
section 3737.882 of the Revised Code,
the state fire marshal hereby adopts this rule governing the sampling and
analysis of excavated soil arising from underground storage tank
systems containing petroleum. 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) Definitions.
(1) "Excavated soil" means soil removed from
the surface or subsurface in conjunction with a suspected release as that term
is defined in paragraph (C) of rule
1301:7-9-13
of the Administrative Code; in conjunction with a release as that term is
defined in paragraph (C) of rule
1301:7-9-13
of the Administrative Code; in conjunction with a confirmed release as that
term is defined in paragraph (C) of rule
1301:7-9-13
of the Administrative Code; or in conjunction with the closure-in-place or
permanent removal of an UST system pursuant to rule
1301:7-9-12
of the Administrative Code.
(2)
"Petroleum contaminated soil" or "PCS" means soil that contains
chemicals of concern in concentrations that exceed one
or more of the re-use action levels in table 1 of rule
1301:7-9-16
of the Administrative Code and excludes soil defined as hazardous waste.
(3) "Soil" means solid and
semi-solid earthen materials or backfill consisting of clay, silt, sand,
stones, or gravel and any debris contained therein.
(4) "Licensed disposal facility" means a
facility that has obtained such permits or licenses that this or another state
may require to accept materials for permanent burial, destruction, or
treatment, including petroleum contaminated soil.
(C) General requirements.
(1) Excavated soil shall be segregated based
upon apparent degree of contamination.
(2) Each soil pile or container of soil shall
be sampled in accordance with this rule.
The soil sample containing the highest analytical result shall
characterize the entire soil pile or container for disposal, treatment, or
re-use.
(3) All excavated
soil shall be managed as PCS unless laboratory analysis indicates
otherwise.
(4) The volume of
excavated soil, for each soil pile or container, shall be calculated to
determine the number of soil samples that shall be collected to comply with
this rule. In-situ soil volume shall be converted to excavated soil volume by
multiplying the in-situ volume by an expansion factor of 1.25. This paragraph
shall not apply to excavated soil stored in containers.
(5) Analytical results obtained pursuant to
paragraph (I) of rule 1301:7-9-12 of the Administrative Code shall not be used
to characterize excavated soil generated during a permanent removal,
change-in-service, or closure-in-place of an UST pursuant to rule
1301:7-9-12
of the Administrative Code.
(6)
All soil samples collected for the purposes of this rule shall be discrete grab
samples. Composite soil samples shall not be used for the purposes of complying
with this rule. All excavated soil shall be sampled within forty-eight hours of
the completion of the excavation.
(7) Grab samples shall be split into two
components. One component 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.
(8) If field screening is not conducted on
the grab samples, all of the grab samples collected shall be submitted for
laboratory analysis.
(9) All soil
samples must be analyzed by an accredited laboratory.
(D) Combining piles.
Excavated soil may be combined provided they are segregated in
accordance with this rule. When combining soil, one or more of the following
shall be conducted:
(1) Excavated soil
generated from various areas of an UST site may be combined at the discretion
of the owner or operator;
(2)
Excavated soil from different facilities may be combined for purposes of
characterizing the soil pile. However, if one or more of the
chemicals of concern exceed re-use action levels,
referenced in table 1 of rule
1301:7-9-16
of the Administrative Code, the soil must be disposed of at a licensed disposal
facility; or
(3) If all the
combined excavated soil has not been previously characterized prior to being
combined,
it shall be characterized in accordance with this
rule.
(E) Sampling soil
in drums and small containers.
(1) Analytical
results obtained from soil borings sampled pursuant to rule
1301:7-9-12
or
1301:7-9-13
of the Administrative Code may be used to characterize soil from such borings
for purposes of this rule.
(2) For
excavated soil in containers having a capacity of fifty-five gallons ( 0.27
cubic yards) or less, one grab sample shall be collected from the center at
mid-depth of the soil in the container. Each sample collected shall be
submitted for laboratory analysis.
(F) Sampling soil in piles and large
containers.
Excavated soil that has not been previously characterized
pursuant to paragraph (E) of this rule shall be characterized as
follows:
(1) At a minimum, the number
of soil samples required to be collected for field screening shall be the
number set forth in table 1 of this rule;
Table 1 - Cubic yards of soil generated
|
<25 |
25-100 |
101-250 |
251-450 |
>450 |
|
1. Minimum number of grab samples to collect and field
screen |
3 |
6 |
12 |
18 |
18 plus 1 sample per each additional 50 cubic yards (or
fraction thereof) |
|
2. Minimum number of grab samples to submit to the
laboratory if field screened |
2 |
3 |
6 |
8 |
8 plus 1 sample per each additional 100 cubic yards (or
fraction thereof) |
(2)
Soil sample locations shall be determined by visually dividing the soil pile or
the container into a sampling grid with sections of approximately equal surface
area. The number of sample grids shall equal the minimum number of grab samples
to be collected. The minimum number of grab samples to be collected is
specified in table 1 of this rule; and
(3) A grab sample shall be collected from the
center of each grid section at least twelve inches below the soil
surface.
(4) The minimum number of
grab sample components to be submitted for laboratory analysis is specified in
table 1 of this rule. All soil samples collected shall be split into two
components; one packaged for field screening, the other packaged for potential
laboratory analysis. The sampling and packaging shall be in accordance with
procedures established by the state fire marshal. The samples with the highest
field screening readings shall be submitted for laboratory analysis.
(G) Sample analysis.
Grab samples submitted for laboratory analysis shall be
analyzed pursuant to paragraph (H)(1)(c) of rule
1301:7-9-13
of the Administrative Code.
Effective: 9/1/2017
Five Year Review
(FYR) Dates: 05/17/2017 and
07/31/2022
Promulgated
Under: 119.03
Statutory
Authority: 3737.88(A),
3737.88(E),
3737.882
Rule
Amplifies: 3737.88(A),
3737.88(E),
3737.882
Prior
Effective Dates: 1/23/95; 12/1/99; 3/1/05,
7/1/12
