Current through all regulations passed and filed through March 18, 2024
A tank system or secondary containment
system from which there has been a leak or spill, or which is unfit for use,
shall be removed from service immediately, and the remanufacturer or other
person who stores or treats the hazardous secondary material satisfy the
following requirements:
(A)
Cessation of use; prevent flow or addition of
materials. The remanufacturer or other person who stores or treats the
hazardous secondary material shall immediately stop the flow of hazardous
secondary material into the tank system or secondary containment system and
inspect the tank system or secondary containment system to determine the cause
of the release.
(B)
Removal of material from tank system or secondary
containment system.
(1)
If the release was from the tank system, the
remanufacturer or other person who stores or treats the hazardous secondary
material shall, within twenty-four hours after detection of the leak or, if the
remanufacturer or other person who stores or treats the hazardous secondary
material demonstrates that it is not possible, at the earliest practicable
time, remove as much of the material as is necessary to prevent further release
of hazardous secondary material to the environment, and to allow inspection and
repair of the tank system to be performed.
(2)
If the material
released was to a secondary containment system, all released materials shall be
removed within twenty-four hours or in as timely a manner as is possible to
prevent harm to human health and the environment.
(C)
Containment of
visible releases to the environment. The remanufacturer or other person who
stores or treats the hazardous secondary material shall immediately conduct a
visual inspection of the release and, based upon that inspection:
(1)
Prevent further
migration of the leak or spill to soils or surface water; and
(2)
Remove and
properly dispose of, any visible contamination of the soil or surface
water.
(D)
Notifications, reports.
(1)
Any release to
the environment, except as provided in paragraph (D)(2) of this rule, shall be
reported to the director within twenty-four hours after detection of the
release. If the release has been reported pursuant to 40 CFR Part 302, that
report will satisfy this requirement.
(2)
A leak or spill
of hazardous secondary material is exempted from the requirements of this
paragraph if the leak or spill is:
(a)
Less than or equal to a quantity of one pound;
and
(b)
Immediately contained and cleaned up.
(3)
Within
thirty days after detection of a release to the environment, a report
containing the following information shall be submitted to the director:
(a)
Likely route of
migration of the release;
(b)
Characteristics of the surrounding soil (soil
composition, geology, hydrogeology, climate);
(c)
Results of any
monitoring or sampling conducted in connection with the release (if available).
If sampling or monitoring data relating to the release are not available within
thirty days, these data shall be submitted to the director as soon as these
data become available.
(d)
Proximity to downgradient drinking water, surface
water, and populated areas; and
(e)
Description of
response actions taken or planned.
(E)Provision of
secondary containment, repair, or closure.
(1)
Unless the
remanufacturer or other person who stores or treats the hazardous secondary
material satisfies the requirements of paragraphs (E)(2) to (E)(4) of this
rule, the tank system shall cease to operate under the remanufacturing
exclusion in paragraph (A)(27) of rule
3745-51-04 of the Administrative
Code.
(2)
If the cause of the release was a spill that has not
damaged the integrity of the tank system, the remanufacturer or other person
who stores or treats the hazardous secondary material may return the tank
system to service as soon as the released material is removed and repairs, if
necessary, are made.
(3)
If the cause of the release was a leak from the primary
tank system into the secondary containment system, the primary tank system
shall be repaired prior to returning the tank system to
service.
(4)
If the source of the release was a leak to the
environment from a component of a tank system without secondary containment,
the remanufacturer or other person who stores or treats the hazardous secondary
material shall provide the component of the tank system from which the leak
occurred with secondary containment that satisfies the requirements of rule
3745-51-193 of the
Administrative Code before the tank system can be returned to service, unless
the source of the leak is an aboveground portion of a tank system that can be
inspected visually. If the source is an aboveground component that can be
inspected visually, the component shall be repaired and may be returned to
service without secondary containment as long as the requirements of paragraph
(F) of this rule are satisfied. Additionally, if a leak has occurred in any
portion of a tank system component that is not readily accessible for visual
inspection (e.g., the bottom of an inground or onground tank), the entire
component shall be provided with secondary containment in accordance with rule
3745-51-193 of the
Administrative Code prior to being returned to use.
(F)
Certification of
major repairs. If the remanufacturer or other person who stores or treats the
hazardous secondary material has repaired a tank system in accordance with
paragraph (E) of this rule, and the repair has been extensive (e.g.,
installation of an internal liner; repair of a ruptured primary containment or
secondary containment vessel), the tank system shall not be returned to service
unless the remanufacturer or other person who stores or treats the hazardous
secondary material has obtained a certification by a qualified professional
engineer that the repaired system is capable of handling hazardous secondary
materials without release for the intended life of the tank system. This
certification shall be kept on file at the facility and maintained until
closure of the facility.
[Comment 1: The director, on the basis
of any information received that there is or has been a release of hazardous
secondary material or hazardous constituents into the environment, may issue an
order under section 3734.20 and Chapter 6111. of the
Revised Code requiring corrective action or such other response as deemed
necessary to protect human health or the environment.]
[Comment 2: 40 CFR Part 302 may require
the owner or operator to notify the "National Response Center" of certain
releases.]
[Comment 3: For dates of non-regulatory
government publications, publications of recognized organizations and
associations, federal rules, and federal statutory provisions referenced in
this rule, see rule
3745-50-11 of the Administrative
Code titled "Incorporated by reference."]