Chapter 1301:7-9 Underground Storage Tanks

1301:7-9-01 Applicability.

(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) 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. 1251 to 1274 , as amended through January 7, 2011);

(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 minimus concentration of regulated substances; and

(6) Any emergency spill or overflow containment UST system that is expeditiously emptied after use.

(D) Notwithstanding paragraphs (A)(1) to (A)(5) of rule 1301:7-9-06 of the Administrative Code , no owner or operator shall install an UST system listed in paragraphs (A)(1) to (A)(5) of rule 1301:7-9-06 of the Administrative Code 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.

Effective: 07/01/2012
R.C. 119.032 review dates: 12/23/2011 and 03/15/2017
Promulgated Under: 119.03
Statutory Authority: 3737.88
Rule Amplifies: 3737.88
Prior Effective Dates: 11/5/90, 1/22/93, 3/1/05

1301:7-9-02 Definitions.

(A) Purpose.

For the purpose of prescribing rules pursuant to sections 3737.88 to 3737.882 of the Revised Code, the state fire marshal hereby adopts this rule to establish definitions of words and phrases related to underground 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) Definitions.

When used in this chapter of the Administrative Code, the following terms shall have the following meanings:

(1) "Accredited laboratory" means a laboratory accredited to perform laboratory analyses as outlined in this chapter of the Administrative Code using prescribed USEPA test methods through one of the following programs:

(a) Ohio environmental protection agency division of drinking and ground waters;

(b) Ohio environmental protection agency voluntary action program;

(c) National environmental laboratory accreditation program;

(d) American association of laboratory accreditation; or,

(e) Another state environmental protection agency program approved by the state fire marshal.

(2) "Ancillary equipment" means any devices including, without limitation, such devices as piping, fittings, flanges, valves, and pumps used to distribute, meter, or control the flow of regulated substances to and from an UST.

(3) "Beneath the surface of the ground" means beneath the ground surface or otherwise covered with earthen materials.

(4) "Bureau chief" means the chief of the bureau of underground storage tank regulations within the division of the state fire marshal.

(5) "Cathodic protection" is a technique to prevent corrosion of a metal surface by making that surface the cathode of an electrochemical cell. An UST system can be cathodically protected, without limitation, through the application of either galvanic anodes or impressed current.

(6) "Cathodic protection tester" means a person who can demonstrate an understanding of the principles and measurements of all common types of cathodic protection systems as applied to buried or submerged metal piping and UST systems. At a minimum, such persons shall have education and experience in soil resistivity, stray current, structure-to-soil potential, and component electrical isolation measurements of buried metal piping and UST systems.

(7) "Certified installer" or "installer" means an individual certified by the fire marshal under the requirements of rule 1301:7-9-11 of the Administrative Code to supervise the installation of, performance of major repairs on site to, closure-in-place of, removal of, performance of modifications of, placing out of service for more than ninety days of, or the change in service of UST systems.

(8) "Certified UST inspector" means an individual certified by the fire marshal under the requirements of rule 1301:7-9-15 of the Administrative Code to inspect the installation of, performance of major repairs on site to, closure-in-place of, removal of, performance of modifications of, placing out of service for more than ninety days of, or the change in service of UST systems.

(9) "Change in service" means a change in the substances managed in the UST system from regulated substances to non-regulated substances, without closure in place or permanent removal of the UST system.

(10) "Closure-in-place" or "close-in-place" means the abandonment of an UST system by permanently taking an UST system out of service but not out of the ground in compliance with this chapter of the Administrative Code.

(11) "Compatible" means the ability of two or more substances to maintain their respective physical and chemical properties upon contact with one another for the design life of the UST system under conditions likely to be encountered in the UST.

(12) "Connected piping" means all underground piping including valves, elbows, joints, flanges, and flexible connectors attached to an UST system through which regulated substances flow. For the purpose of determining how much piping is connected to any individual UST system, the piping that joins two UST systems should be allocated equally between them.

(13) "Consumptive use" with respect to heating fuel means consumed on the premises.

(14) "Corrective action" means any action necessary to protect human health and the environment in the event of a release of petroleum into the environment, including, without limitation, any action necessary to monitor, assess, and evaluate the release. In the instance of a suspected release, the term includes, without limitation, an investigation to confirm or disprove the occurrence of the release. In the instance of a confirmed release, the term includes, without limitation, the initial corrective action taken under section 3737.88 or 3737.882 of the Revised Code, or orders issued under those sections, and any initial corrective action taken under this chapter of the Administrative Code and any action taken consistent with a remedial action to clean up contaminated ground water, surface water, soils, and subsurface material and to address the residual effects of a release after the initial corrective action is taken.

(15) "Corrosion expert" means a person who, by reason of thorough knowledge of the physical sciences and the principles of engineering and mathematics acquired by a professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks. Such a person shall be accredited or certified as being qualified by the national association of corrosion engineers or be a registered professional engineer who has certification or licensing that includes education and experience in corrosion control of buried or submerged metal piping systems and metal tanks.

(16) "Dielectric material" means a material that does not conduct direct electrical current. Dielectric coatings are used to electrically isolate UST systems from the surrounding soils. Dielectric bushings are used to electrically isolate portions of the UST system.

(17) "Electrical equipment" means underground equipment that contains dielectric fluid that is necessary for the operation of equipment such as transformers and buried electrical cable.

(18) "Excavation zone" means the volume containing the UST system and backfill material bounded by the ground surface, walls, and floor of the pit and trenches into which the UST system is placed at the time of installation.

(19) "Existing UST system" means an UST system used to contain an accumulation of regulated substances or for which installation has commenced on or before the effective date of this rule. Installation is considered to have commenced if:

(a) The owner or operator has obtained all federal, state, and local approvals or permits necessary to begin physical construction of the site or installation of the UST system; and if,

(b) One of the following has occurred:

(i) Either a continuous on-site physical construction or installation program has begun; or,

(ii) The owner or operator has entered into contractual obligations, which cannot be cancelled or modified without substantial loss, for physical construction at the site or installation of the UST system to be completed within a reasonable time.

(20) "Farm tank" is a tank located on a tract of land devoted to the production of crops or raising animals, including fish, and associated residences and improvements. A farm tank shall be located on the farm property. "Farm" includes fish hatcheries, rangeland and nurseries with growing operations.

(21) "Flow-through process tank" is a tank that forms an integral part of a production process through which there is a steady, variable, recurring, or intermittent flow of materials during the operation of the process. Flow-through process tanks do not include tanks used for the storage of materials prior to their introduction into the production process or for the storage of finished products or by-products from the production process.

(22) "Free product" means a separate liquid hydrocarbon phase that has a measured thickness of greater than one one-hundredth of a foot.

(23) "Gathering lines" means any pipeline, equipment, facility, or building used in the transportation of oil or gas during oil or gas production or gathering operations.

(24) "Hazardous substance" means any substance listed in rule 1301:7-9-03 of the Administrative Code, but not including any substance regulated as a hazardous waste under Chapters 3745-50 to 3745-69 of the Administrative Code, or any mixture of such substance and petroleum which is not contained in a petroleum UST system.

(25) "Hazardous substance UST system" means an underground storage tank system that contains a hazardous substance.

(26) "Heating fuel" means petroleum that is No. 1, No 2, No. 4-light, No. 4-heavy, No. 5-light, No. 5-heavy, and No. 6 technical grades of fuel oil; other residual fuel oils including, without limitation, Navy Special Fuel Oil and Bunker C; and other fuels when used as substitutes for one of these fuel oils. Heating fuel is typically used in the operation of heating equipment, boilers, or furnaces.

(27) "Hydraulic lift tank" means a tank holding hydraulic fluid for a closed-loop mechanical system that uses compressed air or hydraulic fluid to operate lifts, elevators, and other similar devices.

(28) "Liquid trap" means sumps, well cellars, and other traps used in association with oil and gas production, gathering, and extraction operations including gas production plants, for the purpose of collecting oil, water, and other liquids. These liquid traps may temporarily collect liquids for subsequent disposition or reinjection into a production or pipeline stream, or may collect and separate liquids from a gas stream.

(29) "Maintenance" means the normal operational upkeep to prevent an underground storage tank system from releasing product.

(30) "Major repair" means the restoration of a tank or an underground storage tank system component that has caused a release of a product from the underground storage tank system. "Major repair" does not include modifications, upgrades, or routine maintenance for normal operational upkeep to prevent an underground storage tank system from releasing a product.

(31) "Modification" means work performed on UST system components that have not leaked such as adding, altering, replacing, or retrofitting the following:

(a) USTs and any components fixed to UST openings;

(b) Containments located over USTs, under dispensers or at intermediate points excluding spill prevention equipment;

(c) Piping components that routinely contain regulated substances ;

(d) Underground vent lines excluding stage two vapor recovery components;

(e) Flexible connector lines located outside of accessible containments;

(f) UST lining components; and

(g) Release detection systems.

(32) "Motor fuel" means petroleum or a petroleum-based substance that is motor gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel, or any grade of gasohol, and is typically used in the operation of a motor engine.

(33) "Native soils" means any soil or other materials outside of the backfill material used at the time of the original installation of the UST system.

(34) "New UST system" means an UST system that will be used to contain an accumulation of regulated substances and for which installation has commenced after the effective date of this rule.

(35) "Noncommercial purposes" with respect to motor fuel means not for resale.

(36) "On the premises where stored" with respect to heating oil means UST systems located on the same property where the stored heating oil is used.

(37) "Operational life" refers to the period beginning when installation of the UST system has commenced until the time the UST system is properly closed under this chapter.

(38) "Operator" means the person in daily control of, or having responsibility for the daily operation of, the UST system.

(39) "Out of service" means the normal operation and use of the UST system or any portion of the UST system is discontinued .

(40) "Overfill" is a release that occurs when a tank is filled beyond its capacity, resulting in a discharge of the regulated substance to the environment.

(41) "Owner" means:

(a) In the instance of an underground storage tank system in use on November 8, 1984, or brought into use after that date, the person who owns the underground storage tank system;

(b) In the instance of an underground storage tank system in use before November 8, 1984, but no longer in use on that date, the person who owned the underground storage tank system immediately before the discontinuation of its use.

The term includes any person who holds, or, in the instance of an underground storage tank in use before November 8, 1984, but no longer in use on that date, any person who held immediately before the discontinuation of its use, a legal, equitable, or possessory interest of any kind in an underground storage tank system or in the property on which the underground storage tank system is located, including, without limitation, a trust, vendor, vendee, lessor, or lessee. The term does not include any person who, without participating in the management of an underground storage tank system and without otherwise being engaged in petroleum production, refining, or marketing, holds indicia of ownership in an underground storage tank system primarily to protect the person's security interest in it.

(42) "Permanent removal" means permanently taking an UST system or any of its components out of service by taking it out of the ground in compliance with this chapter.

(43) "Person", in addition to the meaning in section 3737.01 of the Revised Code, means the United States and any department, agency, or instrumentality thereof.

(44) "Petroleum" means petroleum, including crude oil or any fraction thereof, that is a liquid at the temperature of sixty degrees Fahrenheit and the pressure of fourteen and seven-tenths pounds per square inch absolute. The term includes, without limitation, motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils.

(45) "Petroleum UST system" means an underground storage tank system that contains petroleum or a mixture of petroleum with de minimis quantities of other regulated substances.

(46) "Pipe" or "piping" means a hollow cylinder or tubular conduit that is constructed of man-made materials.

(47) "Pipeline facilities" are new and existing pipe rights-of-way and any associated equipment, including, without limitation, gathering lines; facilities; or buildings.

(48) "Political subdivision" means a municipal corporation, township, county, school district, or other body corporate and politic responsible for governmental activities in a geographic area smaller than that of the state.

(49) "Regulated substance" means:

(a) Any hazardous substance; and

(b) Petroleum.

(50) "Release" means any spilling, leaking, emitting, discharging, escaping, leaching or disposing of a petroleum product from an UST system into ground water, a surface water body, subsurface soil or otherwise into the environment.

(51) "Release detection" means determining whether a release of a regulated substance has occurred from the UST system into the environment or into the interstitial space between the UST system and its secondary barrier or secondary containment around it.

(52) "Residential tank" is a tank located on property used primarily for dwelling purposes.

(53) "Routine maintenance or normal operational upkeep" means work performed to maintain or to prevent an underground storage tank system from releasing a regulated substance. Work on the following components shall constitute routine maintenance or normal operational upkeep on existing UST systems provided that the component has not caused a release:

(a) Drop tubes;

(b) Overfill containment devices;

(c) Spill prevention equipment;

(d) Fill caps and adapters;

(e) Cathodic protection components;

(f) Stage one vapor recovery components;

(g) Submersible pump components ;

(h) Individual leak detection monitoring units, probes, sensors or line leak detectors that are maintained with like components ;

(i) Flexible connector lines located inside of accessible containments; and

(j) Shear valves.

(54) "Septic tank" is a water-tight covered receptacle designed to receive or process, through liquid separation or biological digestion, the sewage discharged from a building sewer. The effluent from such receptacle is distributed for disposal through the soil and settled solids and scum from the tank are pumped out periodically and hauled to a treatment facility.

(55) "Spill" means;

(a) A release resulting from improper transfer practices to an UST system including, without limitation, the disconnecting of a delivery hose from a tank's fill pipe before the hose has drained completely, or

(b) Any spilling, leaking, emitting, discharging, escaping, or disposal of a petroleum product into ground water, a surface water body, subsurface soil or otherwise into the environment while transferring or attempting to transfer petroleum products into an UST system.

(56) "Spill prevention equipment" means a spill containment manhole or spill bucket installed at a fill pipe that catches and holds drips and spills of regulated substance that can occur when a delivery hose is removed from the fill pipe after delivery of a regulated substance to an UST.

(57) "State" means the state of Ohio, including, without limitation, the general assembly, the supreme court, the offices of all elected state officers, and all departments, boards, offices, commissions, agencies, colleges, universities, institutions, and other instrumentalities of the state of Ohio. "State" does not include political subdivisions.

(58) " Storm water or wastewater collection system" means piping, pumps, conduits, and any other equipment necessary to collect and transport the flow of surface water run-off resulting from precipitation, or domestic, commercial, or industrial wastewater to and from retention areas or any areas where treatment is designated to occur. The collection of storm water and wastewater does not include treatment except where incidental to conveyance.

(59) "Supervise" means being physically on site and having the authority to direct other persons engaged in carrying out the installation of, making major repairs on site to, closure-in-place of, removal of, performance of modifications of, placing out of service for more than ninety days of, or the change in service of UST systems as well as having the authority to exercise independent judgment regarding the recommendation of activities to such other persons.

(60) "Surface impoundment" is a natural topographic depression, man-made excavation, or diked area formed primarily of earthen materials, although it may be lined with man-made materials, that is not an injection well.

(61) "Tank" is a stationary device designed to contain an accumulation of regulated substances that is constructed of man-made materials.

(62) "Temporarily out of service" means the normal operation and use of the UST system is deliberately, but temporarily, discontinued for ninety days or less.

(63) "Underground area" means an underground room, such as a basement, cellar, shaft, or vault, providing enough space for physical inspection of the exterior of the tank situated on or above the surface of the floor.

(64) "Underground storage tank" or "UST" means one or any combination of tanks, including the underground pipes connected thereto, that are used to contain an accumulation of regulated substances the volume of which, including the volume of the underground pipes connected thereto, is ten per cent or more beneath the surface of the ground.

The term does not include any of the following:

(a) Pipeline facilities, including gathering lines, regulated under the "Natural Gas Pipeline Safety Act of 1968," 82 Stat. 720, 49 U.S.C.2001 , as amended;

(b) Farm or residential tanks of one thousand one hundred gallons or less capacity used for storing motor fuel for noncommercial purposes;

(c) Tanks used for storing heating fuel for consumptive use on the premises where stored;

(d) Surface impoundments, pits, ponds, or lagoons;

(e) Storm or waste water collection systems;

(f) Flow-through process tanks;

(g) Storage tanks located in underground areas, including without limitation, basements, cellars, mine workings, drifts, shafts, or tunnels, when the tanks are located on or above the surface of the floor;

(h) Septic tanks;

(i) Liquid traps or associated gathering lines directly related to oil or gas production and gathering operations.

(65) "Underground storage tank system" or "UST" system means an underground storage tank and the connected underground piping, underground ancillary equipment, and containment system, if any.

(66) "UST site" means the parcel of property where an UST system is or was formerly located.

(67) "Wastewater treatment tank" means a tank that is designed to receive and treat an influent wastewater through physical, chemical, or biological methods.

Effective: 07/01/2012
R.C. 119.032 review dates: 12/23/2011 and 03/15/2017
Promulgated Under: 119.03
Statutory Authority: 3737.88
Rule Amplifies: 3737.88
Prior Effective Dates: 5/9/88, 3/1/05, 12/31/05

1301:7-9-03 Reporting requirements for hazardous substances and list of hazardous substances.

(A) Purpose.

For the purpose of prescribing rules pursuant to section 3737.88 of the Revised Code, the fire marshal hereby adopts this rule to establish reporting requirements for underground storage tank systems that contain hazardous substance(s) and to list those substances which are hereby identified as hazardous substances. This rule is adopted by the 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.

For the purpose of this rule:

(1) "Release of a hazardous substance" means:

(a) Any spilling, leaking, emitting, discharging, escaping, leaching or disposing of a hazardous substance(s) from an underground storage tank system into the ground water, a surface water body, subsurface soils or otherwise into the environment;

(b) Any spilling, leaking, emitting, discharging, escaping, or disposing of a hazardous substance(s) into ground water, a surface water body, subsurface soils or otherwise into the environment while transferring or attempting to transfer a hazardous substance(s) into an underground storage tank system; or

(c) Contamination of subsurface soils or ground water on the UST site by a hazardous substance(s) found and confirmed through laboratory analysis of samples from the UST site.

(2) "Suspected release of a hazardous substance" means evidence of a release of a hazardous substance(s) obtained through one or more of the following events:

(a) The monitoring results from a release detection method required by rule 1301:7-9-07 of the Administrative Code that a release of a hazardous substance(s) may have occurred unless:

(i) The monitoring device is found to be defective, and is immediately recalibrated or replaced, and additional monitoring does not confirm the initial result; or

(ii) In the case of inventory control, a second month of data does not confirm the initial result;

(b) Unusual operating conditions observed by the owners and operators unless system equipment is found to be defective but not leaking, and is immediately repaired or replaced. Such unusual operating conditions shall include, without limitation, the erratic behavior of hazardous substance(s) dispensing equipment, the sudden loss of hazardous substance(s) from the UST system or an unexplained presence of water in the tank.

(c) The presence of free hazardous substance(s) discovered during removal of an UST system or part thereof or in an excavation on the UST site or on property nearby the UST site;

(d) The discovery of hazardous substance(s) vapors within or along building foundations or other subsurface manmade structures such as building foundations, basements, pedestrian tunnels, utility vaults, sewer lines, or the like, or in a drinking water well located on the UST site or on property nearby the UST site;

(e) The presence of free hazardous substance(s) in a monitoring or an observation well located on the UST site or on property nearby the UST site; or

(f) The presence of hazardous substance(s) observed on a surface water body located on the UST site or on property nearby the UST site suspected to have arisen from a release from an UST system.

(g) The presence of free hazardous substance(s) discovered in an UST secondary containment system on the UST site.

(C) Reporting of releases of a hazardous substance and suspected releases of a hazardous substance.

(1) Owners and operators shall report a release of a hazardous substance or suspected release of a hazardous substance to the fire marshal and the local fire department within twenty-four hours of discovery by the owner or operator. Spills or overfills of twenty-five gallons or less that do not reach a surface water body and that are cleaned up within twenty-four hours need not be reported.

(2) Complying with paragraph (C)(1) of this rule does not relieve the owners and operators from complying with any other applicable federal, state, or local reporting requirements, laws, or regulations.

(D) The substances listed in the following table are hazardous substances except that any listed substance regulated as a hazardous waste under Chapters 3745-50 to 3745-69 of the Administrative Code shall not be considered a hazardous substance for the purposes of this chapter. The numbers to the right of the substances are the chemical abstracts service registry numbers for the substances.

Acenaphthene 83329
Acenaphthylene 208968
Acetaldehyde 75070
Acetaldehyde, chloro 107200
Acetaldehyde, trichloro 75876
Acetamide 60355
Acetamide, N- (aminothioxomethyl)- 591082
Acetamide, N- (4-ethoxyphenyl)- 62442
Acetamide, N-9H-fluoren-2-yl- 53963
Acetamide, 2-fluoro- 640197
Acetic acid 64197
Acetic acid, ethyl ester 141786
Acetic acid, fluoro-, sodium salt 62748
Acetic acid, lead salt 301042
Acetic acid, thalium(l) salt 563688
Acetic anhydride 108247
Acetimidic acid, N-(methylcarbomoyl) oxy] thio, methyl ester 16752775
Acetone 67641
Acetone cyanohydrin 75865
Acetonitrile 75058
3-(alpha-Acetonylbenzyl)-4- hydroxycoumarin and salts 81812
Acetophenone 98862
2-Acetylaminofluorene 53963
Acetyl bromide 506967
Acetyl chloride 75365
1-Acetyl-2-thiourea 591082
Acrolein 107028
Acrylamide 79061
Acrylic acid 79107
Acrylonitrile 107131
Adipic acid 124049
Alanine, 3-[p-bis(2-chloroethyl)amino] phenyl-,L- 148823
Aldicarb 116063
Aldrin 309002
Allyl alcohol 107186
Allyl chloride 107051
Aluminum phosphide 20859738
Aluminum sulfate 10043013
4-Aminobiphenyl 92671
5-(Aminomethyl)-3-isoxazolol 2763964
4-Aminopyridine 504245
Amitrole 61825
Ammonia 7664417
Ammonium acetate 631618
Ammonium benzoate 1863634
Ammonium bicarbonate 1066337
Ammonium bichromate 7789095
Ammonium biflouride 1341497
Ammonium bisulfite 10192300
Ammonium carbamate 1111780
Ammonium carbonate 506876
Ammonium chloride 12125029
Ammonium chromate 7788989
Ammonium citrate, dibasic 3012655
Ammonium fluoborate 13826830
Ammonium fluoride 12125018
Ammonium hydroxide 1336216
Ammonium oxalate 6009707
  5972736
  14258492
Ammonium picrate 131748
Ammonium silcofluoride 16919190
Ammonium sulfamate 7773060
Ammonium sulfide 12135761
Ammonium sulfite 10196040
Ammonium tartrate 14307438
  3164292
Ammonium thiocyanate 1762954
Ammonium vanadate 7803556
Amyl acetate 628637
iso- 123922
sec- 626380
tert- 625161
Aniline 62533
o-Anisidine 90040
Anthracene 120127
Antimony** 7440360
ANTIMONY& COMPOUNDS  
Antimony pentachloride 7647189
Antimony potassium tartrate 28300745
Antimony tribromide 7789619
Antimony trichloride 10025919
Antimony trifluoride 7783564
Antimony trioxide 1309644
Aroclor 1016 12674112
Aroclor 1221 11104282
Aroclor 1232 11141165
Aroclor 1242 53469219
Aroclor 1248 12672296
Aroclor 1254 11097691
Aroclor 1260 11096825
Arsenic** 7440382
Arsenic acid 1327522
  7778394
ARSENIC & COMPOUNDS  
Arsenic disulfide 1303328
Arsenic (III) oxide 1327533
Arsenic (V) oxide 1303282
Arsenic pentoxide 1303282
Arsenic trichloride 7784341
Arsenic trioxide 1327533
Arsenic trisulfide 1303339
Arsine, diethyl- 692422
Asbestos*** 1332214
Auramine 492808
Azaserine 115026
Aziridine 151564
Azirino (2',3':3,4) pyrrolo(1,2-a) indole-4,7-dione,6-amino-8-[((aminocarbonyl) oxy)methyl] -1,1a,2,8,8a,8b-hexahydro-8a-methoxy-5-methyl- 50077
Barium cyanide 542621
Benz(j)aceanthrylene, 1,2 dihydro-3-methyl 56495
Benz(c)acridine 225514
3,4-Benzacridine 225514
Benzal chloride 98873
Benz(a)anthracene 56553
1,2-Benzanthracene 56553
1,2-Benzanthracene, 7,12-dimethyl- 57976
Benzenamine 62533
Benzenamine, 4,4'-carbonimidoylbis(N,N-dimethyl- 492808
Benzenamine, 4-chloro- 106478
Benzenamine, 4-chloro-2-methyl-hydrochloride 3165933
Benzenamine, N,N-dimethyl-4-phenylazo 60117
Benzenamine, 4,4'-methyl-enebis(2-chloro-) 101144
Benzenamine, 2-methyl-, hydrochloride 636215
Benzenamine, 2-methyl-5-nitro- 99558
Benzenamine, 4-nitro- 100016
Benzene 71432
Benzene, 1-bromo-4-phenoxy- 101553
Benzene chloro- 108907
Benzene, chloromethyl- 100447
Benzene, 1,2-dichloro- 95501
Benzene, 1,3-dichloro- 541731
Benzene, 1,4-dichloro- 106467
Benzene, dichloromethyl- 98873
Benzene, 2,4-diisocyanatomethyl 584849
  91087
  26471625
Benzene, dimethyl 1330207
m- 108383
o- 95476
p- 106423
Benzene, hexachloro- 118741
Benzene, hexahydro- 110827
Benzene, hydroxy- 108952
Benzene, methyl- 108883
Benzene, 1-methyl-2,4-dinitro- 121142
Benzene, 1-methyl-2,6-dinitro- 606202
Benzene, 1,2-methylenedioxy-4-allyl- 94597
Benzene, 1,2-methylenedioxy-4-propenyl- 120581
Benzene, 1,2-methylenedioxy-4-propyl- 94586
Benzene, 1-methylethyl- 98828
Benzene, nitro- 98953
Benzene, pentachloro- 608935
Benzene, pentachloronitro- 82688
Benzene, 1,2,4,5-tetrachloro- 95943
Benzene, trichloromethyl 98077
Benzene, 1,3,5-trinitro- 99354
Benzeneacetic acid, 4-chloro-alpha (4-chloro phenyl)-alpha-hydroxy-, ethyl ester 510156
1,2-Benzenedicarboxylic acid anhydride 85449
1,2-Benzenedicarboxylic acid, [bis(2-ethylexyl)] ester 117817
1,2-Benzenedicarboxylic acid, dibutyl ester 84742
1,2-Benzenedicarboxylic acid, diethyl ester 84662
1,2 Benzenedicarboxylic acid, dimethyl ester 131113
1,2-Benzenedicarboxylic acid, di-n-octyl ester 117840
1,3-Benzenediol 108463
1,2-Benzenediol, 4-[1-hydroxy-2-(methylamino) ethyl] 51434
Benzenesulfonic acid chloride 98099
Benzenesulfonyl chloride 98099
Benzenethiol 108985
Benzidine 92875
Benzo(a)anthracene 56553
Benzo(b)fluoranthene 205992
Benzo(k)fluoranthene 207089
Benzo(j,k)fluorene 206440
1,3-Benzodioxol-4-ol,2,2-dimethyl-, (Bendiocarb phenol) 22961826
1,3-Benzodioxol-4-ol,2,2-dimethyl-, methyl carbamate (Bendiocarb) 22781233
7-Benzofuranol,2,3-dihydro-2,2-dimethyl-(Carbonfuran phenol) 1563388
Benzoic acid 65850
Benzoic acid, 2-hydroxy-, compd. with (3aS-cis)-1,2,3,3a,8,8a-hexahydro-1,3a,8-trimethylpyrrolo [2,3-b] indol-5-yl methly-carbamate ester (1:1) (Physostigmine salicylate) 57647
Benzonitrile 100470
Benzo(ghi)perylene 191242
Benzo(a)pyrene 50328
3,4-Benzopyrene 50328
p-Benzoquinone 106514
Benzotrichloride 98077
Benzoyl chloride 98884
1,2-Benzphenanthrene 218019
Benzyl chloride 100447
Beryllium** 7440417
BERYLLIUM & COMPOUNDS  
Beryllium chloride 7787475
Beryllium dust 7440417
Beryllium fluoride 7787497
Beryllium nitrate 13597994
  7787555
alpha - BHC 319846
beta - BHC 319857
gamma - BHC 58899
delta - BHC 319868
2,2'-Bioxirane 1464535
Biphenyl 92524
(1,1'-Biphenyl)-4,4' diamine 92875
(1,1'-Biphenyl)-4,4' diamine, 3,3' dichloro- 91941
(1,1'-Bipheynl)-4,4' diamine, 3,3'- dimethoxy- 119904
(1,1'-Biphenyl)-4,4'- diamine, 3,3'- dimethyl- 119937
Bis(2-chloroethoxy) methane 111911
Bis(2-cloroethyl) ether 111444
Bis(2-chloroisopropyl) ether 108601
Bis(chloromethyl) ether 542881
Bis(dimethylthiocarbamoyl) disulfide 137268
Bis(2-ethylhexyl) phthalate 117817
Bromine cyanide 506683
Bromoacetone 598312
Bromoform 75252
4-Bromophenyl phenyl ether 101553
Brucine 357573
1,3-Butadiene 106990
1,3-Butadiene, 1,1,2,3,4-hexachloro-1 87683
Butanamine, N-butyl-N-nitroso 924163
Butanoic acid, 4-[bis(2-chloroethyl)amino] benzene 305033
1-Butanol 71363
2-Butanone 78933
2-Butanone peroxide 1338234
2-Butenal 123739
  4170303
2-Butene, 1,4-dichloro- 764410
Butyl acetate 123864
iso- 110190
sec- 105464
tert- 540885
n-Butyl alcohol 71363
Butylamine 109739
iso- 78819
sec- 513495
sec- 13952846
tert- 75649
Butyl benzyl phthalate 85687
n-Butyl phthalate 84742
Butyric acid 107926
iso- 79312
Cacodylic acid 75605
Cadmium** 7440439
Cadmium acetate 543908
CADMIUM & COMPOUNDS  
Cadmium bromide 7789426
Cadmium chloride 10108642
Calcium arsenate 7778441
Calcium arsenite 52740166
Calcium carbide 75207
Calcium chromate 13765190
Calcium cyanamide 156627
Calcium cyanide 592018
Calcium dodecylbenzene sulfonate 26264062
Calcium hypochlorite 7778543
Camphene, octachloro- 8001352
Captan 133062
Carbamic acid, ethyl ester 51796
Carbamic acid, methylnitroso, ethyl ester 615532
Carbamic acid, [1-[(butylamino) carbonyl] -1H-benzimidazol-2-yl, methyl ester (Benomyl) 17804352
Carbamic acid, (3-chlorophenyl)-, 4-chloro-2-butynyl ester (Barban) 101279
Carbamic acid, [(dibutylamino)thio]methyl-, 2,3-dihydro-2,2-dimethyl-7-benzofuranyl ester (Carbosulfan) 55285148
Carbamic acid, dimethyl-,1-[dimethylamino)carbonyl] -5-methyl-1H-pyrazol-3-yl ester (Dimetilan) 644644
Carbamic acid, dimethyl-, 3-methyl-1-(1-methylethyl)-1H-pyrazol-5-yl ester (Isolan) 119380
Carbamic acid, 1H-benzimidazol-2-yl, methyl ester (Carbendazim) 10605217
Carbamic acid, methyl-,3-methylethyl ester (Metolcarb) 1129415
Carbamic acid, phenyl-, 1-methylphenyl ester (Propham) 122429
Carbamic acid, [1,2-phenylenebis (iminocarbonothioyl)] bis-, di-methyl ester (Thiophanate-methyl) 23564058
Carbamide, N-ethyl-N-nitroso- 759739
Carbamide, N-methyl-N-nitroso- 684935
Carbamide, thio- 62566
Carbamimidoselenoic acid 630104
Carbamoyl chloride, dimethyl- 79447
Carbamothioic acid, bis(1-methylethyl)-, S-(2,3,3-trichloro-2-propenyl) ester (Triallate) 2303175
Carbamothioic acid, dipropyl-, S-(phenylmethyl) ester (Prosulfocarb) 52888809
Carbaryl 63252
Carbofuran 1563662
Carbon bisulfide 75150
Carbon disulfide 75150
Carbonic acid, dithalium (I) salt 6533739
Carbonochloridic acid, methyl ester 79221
Carbon oxyfluoride 353504
Carbon tetrachloride 56235
Carbonyl chloride 75445
Carbonyl fluoride 353504
Carbonyl sulfide 463581
Catechol 120809
Chloral 75876
Chloramben 133904
Chlorambucil 305033
CHLORDANE (TECHNICAL MIXTURE AND METABOLITES)
Chlordane 57749
Chlordane, technical 57749
CHLORINATED BENZENES  
CHLORINATED ETHANES  
CHLORINATED NAPHTHALENE  
CHLORINATED PHENOLS  
Chlorine 7782505
Chlorine cyanide 506774
Chlornaphazine 494031
Chloroacetaldehyde 107200
Chloroacetic acid 79118
CHLOROALKYL ETHERS  
p-Chloroaniline 106478
Chlorobenzene 108907
4-Chloro-m-cresol 59507
 
p-Chloro-m-cresol 59507
Chlorodibromomethane 124481
1-Chloro-2,3-epoxypropane 106898
Chloroethane 75003
2-Chloroethyl vinyl ether 110758
Chloroform 67663
Chloromethyl methyl ether 107302
beta-Chloronaphthalene 91587
2-Chloronaphthalene 91587
2-Chlorophenol 95578
o-Chlorophenol 95578
4-Chlorophenyl phenyl ether 70057232
1-(o-Chlorophenyl) thiourea 5344821
Chloroprene 126998
3-Chloropropionitrile 542767
Chlorosulfonic acid 7790945
4-Chloro-o-toluidine, hydrochloride 3165933
Chlorpyrifos 2921882
Chromic acetate 1066304
Chromic acid 11115745
  7738945
Chromic acid, calcium salt 13765190
Chromic sulfate 10101538
Chromium** 7440473
CHROMIUM AND COMPOUNDS  
Chromous chloride 10049055
Chrysene 218019
Cobaltous bromide 7789437
Cobaltous formate 544183
Cobaltous sulfamate 14017415
Coke Oven Emissions N.A.
Copper** 7440508
COPPER AND COMPOUNDS  
Copper Cyanide 544923
Coumaphos 56724
Creosote 8001589
Cresol(s) 1319773
m- 108394
o- 95487
p- 106445
Cresylic acid 1319773
m- 108394
o- 95487
p- 106445
Crotonaldehyde 123739
4170303
Cumene 98828
Cupric acetate 142712
Cupric acetoarsenite 12002038
Cupric chloride 7447394
Cupric nitrate 3251238
Cupric oxalate 5893663
Cupric sulfate 7758987
Cupric sulfate ammoniated 10380297
Cupric tartrate 815827
CYANIDES  
Cyanides (soluble cyanide salts), not elsewhere specified 57125
Cyanogen 460195
Cyanogen bromide 506683
Cyanogen chloride 506774
1,4-Cyclohexadienedione 106514
Cyclohexane 110827
Cyclohexanone 108941
1,3-Cyclopentadiene,1,2,3,4,5,5-hexachloro- 77474
Cyclophosphamide 50180
2,4-D Esters 94111
  94791
  94804
  1320189
  1928387
  1928616
  1929733
  2971382
  25168267
  53467111
Daunomycin 20830813
DDD 72548
4,4'DDD 72548
DDE 72559
  3547044
4,4'DDE 72559
DDT 50293
4,4'DDT 50293
DDT AND METABOLITES  
Decachloroctahydro-1,3,4-metheno-2H-cyclobuta[c,d]-pentalen-2-one 143500
Diallate 2303164
Diamine 302012
Diaminotoluene 95807
  25376458
  496720
  823405
Diazinon 333415
Diazomethane 334883
Dibenz[a,h]anthracene 53703
1,2:5,6-Dibenzanthracene 53703
Dibenzo[a,h]anthracene 53703
Dibenzofuran 132649
1,2:7,8-Dibenzopyrene 189559
Dibenz[a,i]pyrene 189559
1,2-Dibromo-3-chloropropane 96128
Dibutyl phthalate 84742
Di-n-butyl phthalate 84742
Dicamba 1918009
Dichlobenil 1194656
Dichlone 117806
S-(2,3-Dichloroallyl) diisopropyl-thiocarbamate 2303164
3,5-Dichloro-N-(1,1-dimethyl-2-propynyl) benzamide 23950585
Dichlorobenzene (mixed) 25321226
1,2-Dichlorobenzene 95501
1,3-Dichlorobenzene 541731
1,4-Dichlorobenzene 106467
m-Dichlorobenzene 541731
o-Dichlorobenzene 95501
p-Dichlorobenzene 106467
DICHLOROBENZIDINE  
3,3'-Dichlorobenzidine 91941
Dichlorobromomethane 75274
1,4-Dichloro-2-butene 764410
Dichlorodifluoromethane 75718
Dichlorodiphenyl dichloroethane 72548
Dichlorodiphenyl trichloroethane 50293
1,1-Dichloroethane 75343
1,2-Dichloroethane 107062
1,1-Dichloroethylene 75354
1,2-trans-Dichloroethylene 156605
Dichloroethyl ether 111444
2,4-Dichlorophenol 120832
2,6-Dichlorophenol 87650
Dichlorophenylarsine 696286
Dichloropropane 26638197
1,1-Dichloropropane 78999
1,3-Dichloropropane 142289
1,2-Dichloropropane 78875
Dichloropropane -Dichloropropene (mixture) 8003198
Dichloropropene 26952238
2,3-Dichloropropene 78886
1,3-Dichloropropene 542756
2,2-Dichloropropionic acid 75990
Dichlorvos 62737
Dieldrin 60571
1,2:3,4-Diepoxybutane 1464535
Diethanolamine 111422
Diethylamine 109897
N,N-Diethylaniline 91667
Diethylarsine 692422
1,4-Diethylene dioxide 123911
N,N-Diethylhydrazine 1615801
O,O-Diethyl S-[2-(ethylthio) ethyl]phosphrodithioate 298044
O,O Diethyl S-methyl dithiophosphate 3288582
Diethyl-p-nitrophenyl phosphate 311455
Ddiethyl phthalate 84662
O,O-Diethyl O-pyrazinyl phosphorothioate 297972
Diethylstilbestrol 56531
1,2-Dihydro-3,6-pyridazinedione 123331
Dihydrosafrole 94586
Diisopropyl fluorophosphate 55914
Dimethoate 60515
3,3-Dimethoxybenzidine 119904
Dimethylamine 124403
Dimethylaminoazobenzene 60117
N,N-Dimethylaniline 121697
7,12-Dimethylbenz(a) anthracene 57976
3,3-Dimethylbenzidine 119937
alpha, alpha-Dimethylbenzylhydro peroxide 80159
3,3-Dimethyl-1-(methylthio)-2-butanone, O-[(methylamino)carbonyl] oxime 39196184
Dimethylcarbamoyl chloride 79447
Dimethylformamide 68122
1,1-Dimethylhydrazine 57147
1,2-Dimethylhydrazine 540738
O,O-Dimethyl O-p-nitrophenyl phosphorothioate 298000
Dimethylnitrosamine 62759
alpha,alpha-Dimethyl phenethylamine 122098
2,4-Dimethylphenol 105679
Dimethyl phthalate 131113
Dimethyl sulfate 77781
Dinitrobenzene (mixed) 25154545
m- 99650
o- 528290
p- 100254
4,6-Dinitro-o-cresol and salts 5 534521
4,6-Dinitro-o-cyclohexylphenol 131895
Dinitrophenol 25550587
2,5- 329715
2,6- 573568
2,4-Dinitrophenol 51285
Dinitrotoluene 25321146
3,4-Dinitrotoluene 610399
2,4-Dinitrotoluene 121142
Dinoseb 88857
Di-n-octyl phthalate 117840
1,4-Dioxane 123911
DIPHENYLHRDRAZINE  
1,2-Diphenylhydrazine 122667
Diphosphoramide, octamethyl- 152169
Dipropylamine 142847
Di-n-propylnitrosamine 621647
Diquat 85007
  2764729
Disulfoton 298044
2,4-Dithiobiuret 541537
Dithiopyrophosphoric acid, tetraethyl ester 3689245
1,3-Dithiolane-2-carboxaldehyde, 2,4-dimethyl-, O-[(methylamino)carbonyl] oxime (Tirpate) 26419738
Diuron 330541
Dodecylbenzenesulfonic acid 27176870
Endosulfan 115297
alpha-Endosulfan 959988
beta-Endosulfan 33213659
ENDOLSUFAN AND METABOLITES  
Ensodulfan sulfate 1031078
Endothall 145733
Endrin 72208
Endrin aldehyde 7421934
ENDRIN AND METABOLITES  
Epichlorohydrin 106898
Epinephrine 51434
1,2-Epoxybutane 106887
Ethanal 75070
Ethanamine, 1,1-dimethyl-2-phenyl- 122098
Ethanamine, N-ethyl-N-nitroso- 55185
Ethane, 1,2-dibromo- 106934
Ethane, 1,1-dichloro- 75343
Ethane, 1,2-dichloro- 107062
Ethane, 1,1,1,2,2,2-hexachloro- 67721
Ethane, l,r-[methylenebis(oxy)] bis(2-chloro- 111911
Ethane, IJ'-oxybis- 60297
Ethane, l,r-oxybis(2-chloro- 111444
Ethane, pentachloro- 76017
Ethane, 1,1,1,2-tetrachloro- 630206
Ethane, 1,1,2,2-tetrachloro- 79345
Ethane, 1,1,2-trichloro- 79005
Ethane, 1,1,1 -trichloro-2,2-bis(p-methoxyphenyl)- 72435
1,2- Ethanediylbiscarbamodi thioic acid 111546
Ethanenitrile 75058
Ethanethioamide 62555
Ethanimidothioic acid, 2-(dimethylamino)-N-hydroxy-2-oxo, methyl ester (A2213) 30558431
Ethanimidothioic acid, 2-(dimethylamino)-N-[[methlyamino)carbonyl]oxy]-2-oxo, methyl ester (Oxamyl) 23135220
Ethanimidothioic acid, N,N'-[thiobis[(methylimino) carbonyloxy]] bis-, di-methyl ester (Thiodicarb) 59669260
Ethanol, 2,2'-(nitrosoimino)bis- 1116547
Ethanol, 2,2'-oxybis-, dicarbamate (Diethylene glycol, di carbamate) 5952261
Ethanone, 1-phenyl- 98862
Ethanoyl chloride 75365
Ethenamine, N-methyl-N-nitroso 4549400
Ethene, chloro- 75014
Ethene, 2-chloroethoxy 110758
Ethene, 1,1-dichloro- 75354
Ethene, 1,1,2,2-tetrachloro- 127184
Ethene, trans-1,2-dichloro- 156605
Ethion 563122
Ethyl acetate 141786
Ethyl acrylate 140885
Ethylbenzene 100414
Ethyl carbamate (Urethan) 51796
Ethyl cyanide 107120
Ethyl 4,4'-dichlorobenzilate 510156
Ethylene dibromide 106934
Ethylene dichloride 107062
Ethylene glycol 107211
Ethylene oxide 75218
Ethylenebis(dithio carbamic acid) 111546
Ethylendiamine 107153
Ethylenediamine tetraacetic acid (EDTA) 60004
Ethylenethiourea 96457
Ethylenimine 151564
Ethyl ether 60297
Ethylidene dichloride 75343
Ethyl methacrylate 97632
Ethyl methanesulfonate 62500
Famphur 52857
Ferric ammonium citrate 1185575
Ferric ammonium oxalate 2944674
  55488874
Ferric chloride 7705080
Ferric fluoride 7783508
Ferric nitrate 10421484
Ferric sulfate 10028225
Ferrous ammonium sulfate 10045893
Ferrous chloride 7758943
Ferrous sulfate 7720787
  7782630
Fluoroacetic acid, sodium salt 62748
Fluoroanthene 206440
Fluorene 86737
Fluorine 7782414
Fluoroacetamide 640197
Formaldehyde 50000
Formic acid 64186
Fulminic acid, mercury(II) salt 628864
Fumaric acid 110178
Furan 110009
Furan, tetrahydro 109999
2-Furancarboxaldehyde 98011
2,5-Furandione 108316
Furfural 98011
Furfuran 1 110009
D-Glucopyranose, 2-deoxy-2-(3-methyl-3-nitrosoureido)- 18883664
Glycidylaldehyde 765344
Guanidine, N-nitroso-N-methyl-N'-nitro 70257
Guthion 86500
HALOETHERS  
HALOMETHANES  
Heptachlor 76448
HEPTACHLOR & METABOLITES  
Heptachlor epoxide 1024573
Hexachlorobenzene 118741
Hexachlorobutadiene 87683
HEXACHLOROCYCLOHEXANE (all isomers) 608731
Hexachlorocyclohexane (gamma isomer) 58899
Hexachlorocyclopentadiene 77474
1,2,3,4,10,10-Hexachloro-6,7-epoxy-1,4,4a,5,6,7,8,8a-octahydro-endo,endo-1,4:5,8-dimethanon aphthalene 72208
1,2,3,4,10,10-Hexachloro-6,7-epoxy-1,4,4a,5,6,7,8,8a-octahydro-endo, exo-1,4:5,8-dimethanonaphthalene 60571
Hexachloroethane 67721
Hexachlorohexahydro-endo,endo-dimethanonaphthalene 465736
1,2,3,4,10,10-Hexachloro-1,4,4a,5,8,endo, endo-dimethanonaphthalene 465736
1,2,3,4,10-10-Hexachloro-1,4,4a,5,8,8a, -hexahydro-1,4:5,8-endo,exo,dimethanonaphthalene 309022
Hexachlorophene 70304
Hexachloropropene 1888717
Hexaethyl tetraphosphate 757584
Hexamethylene-1,6-diisocyanate 822060
Hexamethylphosphoramide 680319
Hexane 110543
Hydrazine 302012
Hydrazine, 1,2-diethyl- 1615801
Hydrazine, 1,1-dimethyl- 57147
Hydrazine, 1,2-dimethyl- 540738
Hydrazine, 1,2-diphenyl- 122667
Hydrazine, methyl- 60344
Hydrazinecarbothioamide 79196
Hydrochloric acid 7647010
Hydrocyanic acid 74908
Hydrofluoric acid 7664393
Hydrogen cyanide 74908
Hydrogen fluoride 7664393
Hydrogen phosphide 7803512
Hydrogen sulfide 7783064
Hydroperoxide, 1-methyl-1-phenylethyl 80159
Hydroquinone 123319
Hydrosulfuric acid 7783064
Hydroxydimethylarsine oxide 75605
2-Imidazolidinethione 96457
Indeno(1,2,3-cd)pyrene 193395
Isobutyl alcohol 78831
Isocyanic acid, methyl ester 624839
Isophorone 78591
Isoprene 78795
Isopropanolamine dode-cylbenzenesulfonate 42504461
Isosafrole 120581
3(2H)-Isoxazolone, 5-(aminomethyl)- 2763964
Kelthane 115322
Kepone 143500
Lasiocarpine 303344
Lead** 7439921
Lead acetate 301042
LEAD AND COMPOUNDS  
Lead arsenate 7784409
  7645252
  10102484
Lead chloride 7758954
Lead fluoborate 13814965
Lead fluoride 7783462
Lead iodide 10101630
Lead nitrate 10099748
Lead phosphate 7446277
Lead stearate 7428480
  1072351
  56189094
  52652592
Lead subacetate 1335326
Lead sulfate 15739807
  7446142
Lead sulfide 1314870
Lead thiocyanate 592870
Lindane 58899
Lithium chromate 14307358
Malathion 121755
Maleic acid 110167
Maleic anhydride 108316
Maleic hydrazide 123331
Malononitrile 109773
Manganese, bis(dimethylcarbamodithioato-S,S')-(manganese dimethyldithio-carbamate) 15339363
MDI 101688
Melphalan 148823
Mercaptodimethur 2032657
Mercuric cyanide 592041
Mercuric nitrate 10045940
Mercuric sulfate 7783359
Mercuric thiocyanate 592858
Mercurous nitrate 10415755
  7782867
Mercury 7439976
MERCURY AND COMPOUNDS  
Mercury, (acetato-O)phenyl- 62384
Mercury fulminate 628864
Methacrylonitrile 126987
Methanamine, N-Methyl- 124403
Methane, bromo- 74839
Methane, chloro- 74873
Methane, chloromethoxy- 107302
Methane, dibromo- 74953
Methane, dichloro- 75092
Methane, dichloro-difluoro- 75718
Methane, iodo- 74884
Methane, oxybis(chloro- 542881
Methane, tetrachloro- 56235
Methane, tetranitro- 509148
Methane, tribromo- 75252
Methane, trichloro- 67663
Methane, trichloro-fluoro- 75694
Methanesulfonic acid, ethyl ester 62500
Methanethiol 74931
Methanesulfenyl chloride, trichloro- 594423
Methanimidamide, N,N-dimethyl-N'-[2-methyl-4-[[(methylamino)carbonyl]oxy]phenyl] -(Formparanate) 17702577
Methanimidamide, N,N-dimethyl-N'-[3-[[(methylamino)carbonyl]oxy]penyl]-, monohydrochloride (Formetanate hydro-chloride) 23422539
4,7-Methano-1H-indene, 1,4,5,6,7,8,8-heptachloro-3a, 3,7,7a-tetrahydro- 76448
Methanoic acid 64186
4,7-Methanoindan,1,2,4,5,6,7,8,8-octa-chloro-3a,4,7,7a-tetrahydro- 57749
Methanol 67561
Methapyrilene 91805
Methomyl 16752775
Methoxychlor 72435
Methyl alcohol 67561
2-Methylaziridine 75558
Methyl bromide 74839
1-Methylbutadiene 504609
Methyl chloride 74873
Methyl chlorocarbonate 79221
Methyl chloroform 71556
4,4-Methylenebis (2-chloroaniline) 101144
2,2'-Methylenebis (3,4,6-trichlorophenol) 70304
3-Methylcholanthrene 56495
Methylene bromide 74953
Methylene chloride 75092
4,4'-Methylenedianiline 101779
Methylene oxide 50000
Methyl ethyl ketone 78933
Methyl ethyl ketone peroxide 1338234
Methyl hydrazine 60344
Methyl iodide 74884
Methyl isobutyl ketone 108101
Methyl isocyanate 624839
2-Methyllactonitrile 75865
Methyl mercaptan 74931
Methyl methacrylate 80626
N-Methyl-N'-nitro-N-nitrosoguanidine 70257
Methyl parathion 298000
4-Methyl-2-pentanone 108101
Methyl tert-butyl ether 1634044
Methylthiouracil 56042
Mevinphos 7786347
Mexacarbate 315184
Mitomycin C 50077
Monoethylamine 75047
Monomethylamine 74895
Naled 300765
5,12-Naphthacenedione, (8S-cis)-8-acetyl-10-[3-amino-2,3,6-tride-oxy-alpha-l-lyxo-hexo-pyranosyl) oxy]-7,8,9,10-tetrahydro-6,8,11-trihydroxy-1-methoxy- 20830813
Naphthalene, 2-chloro- 91203
Naphthalene, 2-chloro- 91587
1,4-Naphthalenedione 130154
2,7-Naphthalenedisul-fonic acid, 3,3' -[(3,3'-dimethyl-(1,1'biphenyl)-4,4-diyl)-bis(azo) bis(5-amino-4-hydroxy)-tetra-sodium salt 72571
Naphthenic acid 1338245
1,4-Naphthoquinone 130154
1-Naphthylamine 134327
2-Naphthylamine 91598
alpha-Naphthylamine 134327
beta-Naphthylamine 91598
2-Naphthylamine, N,N-bis(2-chloroethyl)-alpha- 494031
Naphthylthathiourea 86884
Nickel** 7440020
NICKEL AND COMPOUNDS  
Nickel ammonium sulfate 15699180
Nickel carbonyl 13463393
Nickel chloride 7718549
  37211055
Nickel cyanide 557197
Nickel (II) cyanide 557197
Nickel hydroxide 12054487
Nickel nitrate 14216752
Nickel sulfate 7786814
Nickel tetracarbonyl 13463393
Nicotine and salts 54115
Nitric acid 7697372
Nitric oxide 10102439
p-Nitroaniline 100016
Nitrobenzene 98953
4-Nitrobiphenyl 92933
Nitrogen dioxide 10102440
  10544726
Nitrogen (II) oxide 10102439
Nitrogen (IV) oxide 10102440
  10544726
Nitroglycerine 55630
Nitrophenol (mixed) 25154556
m- 554847
o- 88755
p- 100027
p-Nitrophenol 100027
2-Nitrophenol 88755
4-Nitrophenol 100027
NITROPHENOLS  
2-Nitropropane 79469
NITROSAMINES  
N-Nitrosodi-n-butylamine 924163
N-Nitrosodiethanolamine 1116547
N-Nitrosodiethylamine 55185
N-Nitrosodimethylamine 62759
N-Nitrosodiphenylamine 86306
N-Nitrosodi-n-propylamine 621647
N-Nitroso-N-ethylurea 759739
N-Nitroso-N-methylurea 684935
N-Nitroso-N-methylurethane 615532
N-Nitrosomethyl-vinylamine 4549400
N-Nitrosomorpholine 59892
N-Nitrosopiperidine 100754
N-Nitrosopyrrolidine 930552
Nitrotoluene 1321126
m- 99081
o- 88722
p- 99990
5-Nitro-o-toluidine 99558
5-Norbornene-2,3-dimethanol,1,4,5,6,7,7-hexachloro, cyclic sulfite 115297
Octamethylpyrophosphor amide 152169
Osmium oxide 20816120
Osmium tetroxide 20816120
7-Oxabicyclo[2.2.1] Heptane-2,3-dicarboxylic acid 145733
1,2-Oxathiolane,2,2-dioxide 1120714
2h-1,3,2-Oxazaphosphorine, 2-[bis(2-chloroethyl)amino] tetrahydro-2-oxide. 50180
Oxirane 75218
Oxirane, 2-(chloro-methyl) 106898
Paraformaldehyde 30525894
Paraldehyde 123637
Parathion 56382
Pentachlorobenzene 608935
Pentachloroethane 76017
Pentachloronitrobenzene 82688
Pentachlorophenol 87865
1,3-Pentadiene 504609
Phenacetin 62442
Phenanthrene 85018
Phenol 108952
Phenol, 2-chloro- 95578
Phenol, 4-chloro-3-methyl- 59507
Phenol, 2-cyclohexyl-4,6-dinitro- 131895
Phenol, 2,4-dichloro- 120832
Phenol, 2,6-dichloro- 87650
Phenol, 2,4-dimethyl- 105679
Phenol, 2,4-dinitro- 51285
Phenol, 2,4-dinitro-6-(1-methylpropyl) 88857
Phenol, 2,4-dinitro-6-methyl-, and salts 534521
Phenol, 2-(1-methylethoxy)-, methyl carbamate 114261
Phenol, 3-(1-methylethyl)-, methyl carbamate (m-Cumenyl methylcarbamate) 64006
Phenol, 3-methyl-5-(1-methylethyl)-, methyl carbamate (Promecarb) 2631370
Phenol, 4-nitro- 100027
Phenol, pentachloro- 87865
Phenol, 2,3,4,6-tetrachloro- 58902
Phenol, 2,4,5-trichloro- 95954
Phenol, 2,4,6-trichloro- 88062
Phenol, 2,4,6-trinitro-, ammonium salt 131748
Phenyl dichloroarsine 696286
1, 10-(1,2-Phenylene)pyrene 193395
Phenylenediamine (para-isomer) 106503
Phenylmercuric acetate 62384
N-Phenylthiourea 103855
Phorate 298022
Phosgene 75445
Phosphine 7803512
Phosphoric acid 7664382
Phosphoric acid, diethyl p-nitrophenyl ester 311455
Phosphoric acid, lead salt 7446277
Phosphorodithioic acid, O,O-diethyl S-methyl ester 3288582
Phosphorodithioic acid, O,O-diethyl S-(ethylthio), methyl ester 298022
Phosphorodithioic acid, O,O-dimethyl S-[2(methylamino) -2-oxoethyl] ester 60515
Phosphorofluoridic acid, bis(1-methylethyl) ester 55914
Phosphorothioic acid, O,O-diethyl O-(p-nitrophenyl) ester 56382
Phosphorothioic acid, O,O-diethyl O-pyrazinyl ester 297972
phosphorothioic acid, O,O-dimethyl O-p-[dimethylamino)-sulfonyl] phenyl] ester. 52857
Phosphorus 7723140
Phosphorus oxychloride 10025873
Phosphorus pentasulfide 1314803
Phosphorus sulfide 1314803
Phosphorus trichloride 7719122
PHTHALATE ESTERS  
Phthalic anhydride 85449
2-Picoline 109068
Plumbane, tetraethyl- 78002
POLYCHLORINATED BIPHENYLS (PCBs) 1336363
  12674112
  11104282
  11141165
  12672296
  53469219
  11097691
  11096825
POLYNUCLEAR AROMATIC HYDROCARBONS  
Potassium arsenate 7784410
Potassium arsenite 10124502
Potassium bichromate 7778509
Potassium chromate 77890006
Potassium cyanide 151508
Potassium hydroxide 1310583
Potassium permanganate 7722647
Potassium silver cyanide 506616
Pronamide 23950585
1-Propanal, 2,3-epoxy- 765344
Propanal, 2-methyl-2-(methylthio)-, O-[(methylamino)carbonyl] oxime 116063
Propanal, 2-methyl-2-(methylsulfonyl)-, O-[(methylamino)carbonyl] oxime (Aldicarb sulfone) 1646884
1-Propanamine 107108
1-Propanamine, N-propyl- 142847
Propane, 1,2-dibromo-3-chloro- 96128
Propane, 2-nitro- 79469
Propane, 2,2-oxybis(2-chloro- 108601
1,3-Propane sultone 1120714
Propanedinitrile 109773
Propanenitrile 107120
Propanenitrile, 3-chloro- 542767
Propanenitrile, 2-hydroxy-2-methyl- 75865
1,2,3-Propanetriol,trinitrate- 55630
Propanol, 2,3-dibromo-,phosphate (3:1) 126727
1-Propanol, 2-methyl- 78831
2-Propanone 67641
2-Propanone, 1-bromo 598312
Propargite 2312358
Propargyl alcohol 107197
2-Propenal 107028
2-Propenamide 79061
Propene, 1,3-dichloro- 542756
1-Propene, 1,1,2,3,3,3-hexachloro- 1888717
2-Propenenitrile 107131
2-Propenenitrile, 2-methyl- 126987
2-Propenoic acid 79107
2-Propenoic acid, ethyl ester 140885
2-Propenoic acid, 2-methyl-, ethyl ester 97632
2-Propenoic acid, 2-methyl-, methyl ester 80626
2-Propen-1-o1 107186
beta-Propiolactone 57578
Propionaldehyde 123386
Propionic acid 79094
Propionic acid, 2-(2,4,5-trichlorophenoxy)- 93721
Propionic anhydride 123626
Propoxur (Baygon) 114261
n-Propylamine 107108
Propylene dichloride 78875
Propylene oxide 75569
1,2-Propylenimine 75558
2-Propyn-1-o1 107197
Pyrene 129000
Pyrethrins 121299
  121211
  8003347
4-Pyridinamine 504245
Pyridine 110861
Pyridine,2-[(2-(di-methylyamine)ethyl)-2-thenylamino]- 91805
Pyridine, hexahydro-N-nitroso- 100754
Pyridine,2-methyl- 109068
Pyridine,(S)-3-(1-methyl-2-pyrrolidinyl)-, and salts 54115
4(1H)-Pyrimidinone,2,3-dihydro-6-methyl-2-thioxo- 56042
Pyrophosphoric acid, tetraethyl ester 107493
Pyrrole, tetrahydro-n-nitroso- 930552
Pyrrolo[2,3-b]indol-5-ol,1,2,3,3a,8,8a-hexahydro-1, 3a,8-trimethyl-, methylcarbamate (ester),(3aS-cis)-(physostigmine) 57476
Quinoline 91225
RADIONUCLIDES  
Reserpine 50555
Resorcinol 108463
Safrole 94597
Selenious acid 7783008
Selenium** 7782492
SELENIUM AND COMPOUNDS  
Selenium dioxide 7446084
Selenium disulfide 7488564
Selenium oxide 7446084
Selenourea 630104
L-Serine, diazoacetate (ester) 115026
Silver** 7440224
SILVER AND COMPOUNDS  
Silver cyanide 506649
Silver nitrate 7761888
Silvex 93721
Sodium 7440235
Sodium arsenate 7631892
Sodium arsenite 7784465
Sodium azide 26628228
Sodium bichromate 10588019
Sodium bifluoride 1333831
Sodium bisulfite 7631905
Sodium chromate 7775113
Sodium cyanide 143339
Sodium dodecylbenzene sulfonate 25155300
Sodium fluoride 7681494
Sodium hydrosulfide 16721805
Sodium hydroxide 1310732
Sodium hypochlorite 7681529
  10022705
Sodium methylate 124414
Sodium nitrite 7632000
Sodium phosphate, dibasic 7558794
  10039324
  10140655
Sodium phosphate, tribasic 7601549
  7785844
  10101890
  10361894
  7758294
  10124568
Sodium selenite 10102188
  7782823
4,4'Stilbenediol, alpha,alpha'-diethyl- 56531
Streptozotocin 18883664
Strontrium chromate 7789062
Strychnidin-10-one, and salts 57249
Strychnidin-10-one, 2,3-dimethoxy- 357573
Strychnine and salts 57249
Styrene 100425
Sulfur hydride 7783064
Sulfur monochloride 12771083
Sulfur phosphide 1314803
Sulfur selenide 7488564
Sulfuric acid 7664939
  8014957
Sulfuric acid, dimethyl ester 77781
Sulfuric acid, thallium(I) salt 7446186
  10031591
2,4,5-T 93765
2,4,5-T acid 93765
2,4,5-T amines 2008460
  6369966
  6369977
  1319728
  3813147
2,4,5-T esters 93798
  2545597
  61792072
  1928478
  25168154
2,4,5-T salts 13560991
TDE 72548
1,2,4,5-Tetrachlorobenzene 95943
2,3,7,8-Tetrachlorodibenzo-p-dioxin (TCDD) 1746016
1,1,1,2-Tetrachloroethane 630206
1,1,2,2-Tetrachloroethane 79345
Tetrachloroethylene 127184
2,3,4,6-Tetrachlorophenol 58902
Tetraethyldithiopyro-phosphate 3689245
Tetraethyl lead 78002
Tetraethyl pyrophosphate 107493
Tetrahydrofuran 109999
Tetranitromethane 509148
Tetraphosphoric acid, hexaethyl ester 757584
Thallic oxide 1314325
Thallium** 7440280
THALLIUM AND COMPOUNDS  
Thallium(I) acetate 563688
Thallium(I) carbonate 6533739
Thallium(I) chloride 7791120
Thallium(I) nitrate 10102451
Thallium(III) oxide 1314325
Thallium(I) selenide 12039520
Thallium(I) sulfate 7446186
  10031591
Thioacetamide 62555
Thiofanox 39196184
Thiomidodicarbonic diamide 541537
Thiomethanol 74931
Thiophenol 108985
Thiosemicarbazide 79196
Thiourea 62566
Thiourea, (2,chlorophenyl)- 5344821
Thiourea, 1-naphthalenyl 86884
Thiourea, phenyl 103855
Thiram 137268
Toluene 108883
Toluenediamine 95807
  25376458
 
  823405
Toluene diisocyanate 584849
  91087
  26471625
o-Toluidine hydrochloride 636215
Toxaphene 8001352
2,4,5-TP acid 93721
2,4,5-TP acid esters 32534955
1H-1,2,4-Triazol-3-amine 61825
Trichlorfon 52686
1,2,4-Trichlorobenzene 120821
1,1,1-Trichloroethane 71556
1,1,2-Trichloroethane 79005
Trichloroethene 79016
Trichloroethylene 79016
Trichloromethanesulfenyl chloride 594423
Trichloromonofluoro-methane 75694
Trichlorophenol 25167822
2,3,4-Trichlorophenol 15950660
2,3,5-Trichlorophenol 933788
2,3,6-Trichlorophenol 933755
2,4,5-Trichlorophenol 95954
2,4,6-Trichlorophenol 88062
3,4,5-Trichlorophenol 609198
2,4,6-Trichlorophenol 88062
2,4,5-Trichlorophenoxy-acetic acid 93765
Triethanolamine dodecylbenzene-sulfonate 27323417
Triethylamine 121448
Trifluralin 1582098
Trimethylamine 75503
2,2,4-Trimethylpentane 540841
sym-Trinitrobenzene 99354
1,3,5-Trioxane, 2,4,6-trimethyl- 123637
Tris (2,3-dibromopropyl) phosphate 126727
Trypan blue 72571
Unlisted Hazardous Wastes  
Characteristic of Ingnitability  
Characteristic of Corrosivity  
Characteristic of Reactivity  
Characteristic of EP Toxicity  
Arsenic  
Barium  
Cadmium  
Chromium  
Lead  
Mercury  
Selenium  
Silver  
Endrin  
Lindane  
Methoxychlor  
Toxaphene  
2,4-D  
2,4,5-TP  
Uracil, 5-[bis(2-chloro-ethyl)amino]- 66751
Uracil mustard 66751
Uranyl acetate 541093
Uranyl nitrate 10102064
  36478769
Vanadic acid, ammonium salt 7803556
Vanadium (V) oxide 1314621
Vanadium pentoxide 1314621
Vanadyl sulfate 27774136
Vinyl acetate 108054
Vinyl bromide 593602
Vinyl chloride 75014
Vinylidene chloride 75354
Warfarin 81812
Xylene (mixed) 1330207
m- 108383
o- 95476
p- 106423
Xylenol 1300716
yohimban-16-carboxylic-acid, 11, 17-dimethoxy-18-[(3,4,5-trimethoxybenzoyl)oxy]-, methylester. 50555
Zinc** 7440666
ZINC AND COMPOUNDS  
Zinc acetate 557346
Zinc ammonium chloride 52628258
  14639975
  14639986
zinc, bis(dimethylcarbamodi-thioato-S,S')-, (Ziram) 137304
Zinc borate 1332076
Zinc bromide 7699458
Zinc carbonate 3486359
Zinc chloride 7646857
Zinc cyanide 557211
Zinc fluoride 7783495
Zinc formate 557415
Zinc hydrosulfite 7779864
Zinc nitrate 7779886
Zinc phenolsulfonate 127822
Zinc phosphide 1314847
Zinc silicofluoride 16871719
Zinc sulfate 7733020
Zirconium nitrate 13746899
Zirconium potassium fluoride 16923958
Zirconium sulfate 14644612
Zirconium tetrachloride 10026116
2-Amino-1-methylbenzene* 95534
4-Amino-1-methylbenzene* 106490
2-Ethoxyethanol* 110805
Ethylene glycol monoethyl ether* 110805
o-Toluidine 95534
p-Toluidine 106490

** No reporting of releases of this hazardous substance is required if diameter of the pieces of the solid metal released is equal to or exceeds 100 micrometers ( 0.004 Inches).

*** The reportable quantity of asbestos is limited to friable forms only.

(E) Hazardous substances shall include a mixture of hazardous substance and petroleum which is not contained in a petroleum UST system.

Effective: 07/01/2012
R.C. 119.032 review dates: 12/23/2011 and 03/15/2017
Promulgated Under: 119.03
Statutory Authority: 3737.88
Rule Amplifies: 3737.88
Prior Effective Dates: 10/2/90, 1/22/93, 3/31/99, 3/1/05

1301:7-9-04 Registration of UST systems.

(A) Purpose and scope.

For the purpose of prescribing rules pursuant to sections 3737.02 and 3737.88 of the Revised Code, the state fire marshal hereby adopts this rule to establish registration requirements for underground storage tanks containing petroleum or other regulated substances. 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) Annual registration.

(1) On or before August 1, 1991, and not later than the first day of July of each subsequent year, owners of the following UST systems shall submit an annual registration application to the fire marshal:

(a) UST systems currently in use; and

(b) UST systems which were taken out of service after January 1, 1974 in a manner not in compliance with either the "Ohio Fire Code" or this chapter of the Administrative Code, as those requirements were in effect at the time the UST systems were taken out of service.

Owners shall submit an annual registration application to the state fire marshal for each location containing such UST systems.

(2) The state fire marshal shall prescribe the annual registration application form to be used and shall, at least thirty days prior to the registration deadline of each year, provide an annual registration application to each owner that submitted any UST registration application to the state fire marshal during the previous year.

(3) A fee in the amount of fifty dollars for each tank comprising an UST system listed on the application shall be submitted by the owner with the annual registration application to the fire marshal. Any registration received after the last day of June each year shall be charged a ten per cent late fee.

(C) Registration for new UST system installations.

(1) Any owner who installs an UST system shall, within thirty days of bringing such UST system into service, submit the applicable new UST system installation application described in either paragraph (C)(2) or (C)(3) of this rule to the state fire marshal for each location where such UST system is installed.

(2) If an UST system is installed at a location for which there is no current registration, the owner of the UST system shall submit a new facility registration application to the state fire marshal on the application form prescribed by the state fire marshal.

(3) If an UST system is installed at a location for which there is a current registration, the owner of the UST system shall submit a modified registration application to the state fire marshal on the form prescribed by the state fire marshal.

(4) A fee in the amount of fifty dollars for each newly installed tank brought into service which is listed on either application described in paragraph (C)(2) or (C)(3) of this rule shall be submitted by the owner with the new UST system application to the state fire marshal.

(D) Transfer of UST ownership.

(1) Any person to whom ownership of any UST is transferred shall, within thirty days of the transfer, submit a transfer of UST registration application to the state fire marshal for each location where an UST subject to the transfer is located. The state fire marshal shall prescribe a form for this application. The transferor shall notify the transferee of this requirement at the time of transfer.

(2) A fee in the amount of fifty dollars for each tank comprising an UST system listed on the application shall be submitted by the new owner of the UST with the transfer of UST registration application to the state fire marshal.

(E) Fee exemptions.

The United States, the state of Ohio, and political subdivisions are exempted from paying the fees described in paragraphs (B)(3), (C)(4), and (D)(2) of this rule. This paragraph does not exempt the United States, the state of Ohio, and political subdivisions from compliance with all other provisions of this rule.

(F) The state fire marshal shall review each application and reject the application if the application does not provide all of the information required by the prescribed form or if the application was not accompanied by the applicable fee payment.

(G) No person shall falsify any information on any application form required by this rule.

(H) Owners of UST systems shall retain a copy of all current and valid registration applications required by this rule, and shall make such copy available for inspection within twenty-four hours of a request by the state fire marshal or local fire official.

Effective: 07/01/2012
R.C. 119.032 review dates: 12/23/2011 and 03/15/2017
Promulgated Under: 119.03
Statutory Authority: 3737.02 , 3737.88
Rule Amplifies: 3737.02 , 3737.88
Prior Effective Dates: 5/9/88, 11/5/90, 9/11/91, 5/10/99, 3/1/05

1301:7-9-05 Financial responsibility for petroleum underground storage tank systems.

(A) Purpose.

For the purpose of prescribing rules pursuant to division (B) of section 3737.882 of the Revised Code, the fire marshal hereby adopts this rule to establish financial responsibility requirements for underground storage tank systems containing petroleum. This rule is adopted by the fire marshal in accordance with Chapter 119. of the Revised Code and shall not be considered a part of the "Ohio Fire Code."

(B) Applicability.

(1) Except as otherwise provided in paragraphs (B)(2) to (B)(3)(k) of this rule, owners and operators of all petroleum UST systems within this state shall comply with this rule by the applicable date established in paragraphs (D) to (D)(5) of this rule.

(2) Federal government entities whose debts and liabilities are the debts and liabilities of the United States are exempt from the requirements of this rule.

(3) The requirements of this rule do not apply for any of the following petroleum UST systems.

(a) Any UST system holding hazardous wastes listed or identified under Chapter 3745-51 of the Administrative Code, or a mixture of such hazardous waste and petroleum;

(b) 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. 1251 and following);

(c) Equipment or machinery that contains petroleum for operational purposes such as hydraulic lift tanks and electrical equipment tanks;

(d) Any petroleum UST system whose capacity is one hundred ten gallons or less;

(e) Any UST system that contains a de minimus concentration of petroleum;

(f) Any emergency spill or overflow petroleum containment UST system that is expeditiously emptied after use;

(g) Wastewater treatment tank systems containing petroleum;

(h) Any petroleum UST systems containing radioactive material that are regulated under the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 and following);

(i) Any petroleum UST system that is part of an emergency generator system at nuclear power generation facilities regulated by the United States nuclear regulatory commission under 10 C.F.R. Part 50, Appendix A;

(j) Airport hydrant fuel distribution systems; and

(k) Petroleum UST systems with field-constructed tanks.

(C) If the owner and operator of a petroleum UST system are separate persons, only one of such persons is required to obtain and demonstrate financial responsibility for that particular petroleum UST system; however, both persons are liable in event of noncompliance.

Regardless of which person complies, the date for compliance with this rule regarding a particular petroleum UST system as set forth in paragraphs (D) to (D)(5) of this rule shall be determined by the characteristics of the owner.

(D) Compliance dates.

Owners and operators of petroleum UST systems shall comply with the requirements of paragraph (G)(1) of this rule upon the effective date of this rule. Owners and operators of petroleum UST systems shall comply with all other requirements of paragraph (G)(2) of this rule by the following dates:

(1) November 1, 1990, if the owner of the petroleum UST system is a petroleum marketer owning one hundred or more petroleum UST systems within this state or if the owner of the petroleum UST system reports a tangible net worth of twenty million dollars or more to the United States securities and exchange commission (SEC), Dun and Bradstreet, the United States energy information administration, the United States rural electrification administration, or the Ohio department of commerce.

(2) December 1, 1990, if the owner of the petroleum UST system is a petroleum marketer which owns from thirteen to ninety-nine petroleum UST systems within this state at more than one facility;

(3) December 31, 1990, if owner of the petroleum UST system is not described in paragraph (D)(1) or (D)(2) of this rule and the owner owns seven or more petroleum UST systems within this state; or

(4) December 31, 1993, if the owner of the petroleum UST system owns six or fewer petroleum UST systems within this state and is not the state nor a political subdivision; or

(5) February 18, 1994, if the owner of the petroleum UST system is the state or a political subdivision.

(E) Definitions.

For the purposes of this rule:

(1) "Accidental release" means any sudden or nonsudden release of petroleum that was neither expected nor intended by the owner or operator of the applicable UST system and that results in the need for corrective action OR compensation for bodily injury or property damage.

(2) "Chief financial officer", in the case of state or a political subdivision owner or operator, means the individual with the overall authority and responsibility for the collection, disbursement, and use of funds by the state or political subdivision.

(3) "Financial reporting year" means the latest consecutive twelve-month period for which any of the following reports used to support a financial test is prepared:

(a) A 10-K report submitted to the United States securities and exchange commission; or

(b) An annual report of tangible net worth submitted to Dun and Bradstreet; or

(c) Annual reports of tangible net worth submitted to the United States energy information administration, the United States rural electrification administration, or the Ohio department of commerce; or

(d) A special report by an independent certified public accountant pursuant to paragraphs (L)(4)(c) to (L)(4)(c)(ii) of this rule. "Financial reporting year" may thus comprise a fiscal or a calendar year period.

(4) "Fund" is the petroleum underground storage tank financial assurance fund created by division (A) of section 3737.91 of the Revised Code.

(5) "Fund deductible" is the deductible amount for the fund established pursuant to division (E) of section 3737.91 of the Revised Code.

(6) "Legal defense cost" is any expense that an owner or operator or provider of financial assurance incurs in defending against claims or actions brought by the following:

(a) United States environmental protection agency or the state to require corrective action or to recover the costs of corrective action;

(b) A third party for bodily injury or property damage caused by an accidental release or by any person on behalf of such a third party; or

(c) A person to enforce the terms of a financial assurance mechanism.

(7) "Occurrence" means an accident, including continuous or repeated exposure to conditions, which results in a release from a petroleum UST system. As used in this rule, the definition of "occurrence" is intended to clarify the scope of coverage under this rule and is not intended either to limit the meaning of "occurrence" in a way that conflicts with standard insurance usage or to prevent the use of other standard insurance terms in place of "occurrence".

(8) "Petroleum marketing facilities" include all facilities at which petroleum is produced or refined and all facilities from which petroleum is sold or transferred to other petroleum marketers or to the public.

(9) "Petroleum marketers" are all persons owning petroleum marketing facilities. Persons owning other types of facilities with petroleum UST systems as well as petroleum marketing facilities are considered to be petroleum marketers.

(10) "Political subdivision" shall include indian tribes. The term is generally intended to include:

(a) Counties, municipalities, townships, separately chartered and operated special districts (including local government public transit systems and redevelopment authorities), and independent school districts authorized as governmental bodies by state law or constitution; and

(b) Special districts and independent school districts established by counties, municipalities, townships, and other general purpose governments to provide essential services.

(11) "Property damage" includes, without limitation, liability for corrective actions associated with releases from petroleum UST systems.

(12) "Provider of financial assurance" means a person that provides financial assurance to an owner or operator of a petroleum UST system through one of the mechanisms listed in paragraphs (L) to (R)(5) of this rule including a guarantor, insurer, risk retention group, surety, or issuer of a letter of credit.

(13) "Reduced fund deductible" is the reduced deductible amount for the fund established pursuant to division (F) of section 3737.91 of the Revised Code.

(14) "Substantial governmental relationship" means the extent of a governmental relationship necessary under Ohio law to make an added guarantee contract issued incident to that relationship valid and enforceable. A guarantee contract is issued "incident to that relationship" if it arises from a clear commonality of interest in the event of an UST release such as conterminous boundaries, overlapping constituencies, common ground water aquifer, or other relationship other than monetary compensation that provides a motivation for the guarantor to provide a guarantee.

(15) "Tangible net worth" means the tangible assets that remain after deducting liabilities; such assets do not include intangibles such as goodwill and rights to patents or royalties. For purposes of this definition, "assets" means all existing and all probable future economic benefits obtained or controlled by a particular person as a result of past transactions.

(F) Amount and scope of required financial responsibility.

(1) Owners and operators of petroleum UST systems shall obtain and demonstrate for each of the petroleum UST systems within this state which they own or operate financial responsibility both for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases from the petroleum UST systems in the amount of one million dollars per occurrence.

(2) Owners and operators of petroleum UST systems shall obtain and demonstrate for each of the petroleum UST systems within this state which they own or operate financial responsibility for both taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases from the petroleum UST systems in at least the following annual aggregate amounts:

(a) For owners or operators of one to one hundred tanks within this state which comprise petroleum UST systems, one million dollars; and

(b) For owners or operators of one hundred one or more tanks within this state which comprise petroleum UST systems, two million dollars.

(3) The amounts of assurance required under paragraphs (F) to (F)(2)(b) of this rule exclude legal defense costs.

(4) The required per-occurrence and annual aggregate coverage amounts do not in any way limit the liability of the owner or operator.

(G) The fund.

(1) Owners and operators of petroleum UST systems shall obtain and demonstrate a valid certificate of coverage in the fund from the petroleum underground storage tank release compensation board pursuant to division (D) of section 3737.91 of the Revised Code for each tank within this state comprising a petroleum UST system.

(2) Owners and operators of petroleum UST systems within this state shall obtain and demonstrate financial responsibility for each such petroleum UST system so as to comply with the deductible coverage requirements described in paragraphs (H) to (H)(2) of this rule.

(H) Deductible coverage requirements.

(1) Subject to the limitations and requirements of paragraphs (I) to (J)(3) of this rule, and in addition to participation in the fund, owners and operators of petroleum UST systems shall obtain and demonstrate financial responsibility for each petroleum UST system within this state using one of the mechanisms listed in paragraphs (L) to (V)(1)(d) of this rule in an amount equal to the following applicable per-occurrence amount:

(a) If the owner or operator has paid for the year the annual petroleum underground storage tank financial assurance fee established pursuant to division (B) of section 3737.91 of the Revised Code for the tanks comprising the petroleum UST system, the fund deductible; and

(b) If the owner or operator has paid for the year the additional fee established pursuant to division (F) of section 3737.91 of the Revised Code for the tanks comprising the petroleum UST system, the reduced fund deductible.

(2) The financial responsibility required by paragraphs (H) to (H)(1)(b) of this rule shall include responsibility both for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental release from petroleum UST systems.

(I) Combination of allowable mechanisms.

(1) Each allowable mechanism described in paragraphs (L) to (V)(1)(d) of this rule which is used by an owner or operator to comply with paragraphs (H) to (H)(1)(b) of this rule shall include responsibility both for taking corrective action and for compensating third parties for bodily injury and property damage caused by any accidental release from petroleum UST systems.

(2) In complying with paragraphs (H)(1) to (H)(1)(b) of this rule, owners and operators shall use only one of the mechanisms described in paragraphs (L) to (V)(1)(d) of this rule for any single petroleum UST system. A single allowable mechanism may specify more than one petroleum UST system for which the mechanism provides coverage.

(3) If an owner or operator uses different allowable mechanisms for different petroleum UST systems within this state to comply with paragraphs (H) to (H)(2) of this rule, each such different mechanism shall comply with paragraphs (H) to (H)(2) of this rule.

(J) Aggregate amounts for self-insurance, insurance, and risk retention group coverage.

(1) If an owner or operator uses the self-insurance mechanism described in paragraphs (L) to (L)(9) of this rule to comply with paragraphs (H) to (H)(2) of this rule for any petroleum UST system within this state, the owner or operator shall, in computing the financial test described in paragraphs (L) to (L)(9) of this rule, use the applicable annual aggregate from the following table: --

Number of tanks covered by mechanism

Per occurrence amounta Annual aggregate

1-6 reduced fund deductible reduced fund deductible

1-100 fund deductible fund deductible

101-200 fund deductible 2 x fund deductible

201-300 fund deductible 3 x fund deductible

301 or more fund deductible 4 x fund deductible a the per-occurrence amount for the tanks covered required by paragraphs (H) to (H)(1)(b) of this rule.

(2) If an owner or operator uses the insurance or risk retention group coverage described in paragraphs (N) to (N)(5) of this rule to comply with paragraphs (H) to (H)(2) of this rule for any petroleum UST system within this state, the owner or operator shall obtain and demonstrate such coverage in at least the applicable annual aggregate amount from the following table: --

Number of tanks covered by mechanism

Per occurrence amounta Annual aggregate

1-6 reduced fund deductible 2 x reduced fund deductible

1-100 fund deductible 2 x fund deductible

101-200 fund deductible 3 x fund deductible

201-300 fund deductible 4 x fund deductible

301 or more fund deductible 5 x fund deductible a the per-occurrence amount for the tanks covered required by paragraphs (H) to (H)(1)(b) of this rule.

(3) If an owner or operator uses any mechanism described in paragraphs (M)(1) to (M)(5) or (O) to (R)(5) of this rule to comply with paragraphs (H) to (H)(2) of this rule for any petroleum UST system within this state, the annual aggregate amount of coverage provided by the mechanism shall be at least equal to the per-occurrence amount for the tanks required by paragraphs (H) to (H)(1)(b) of this rule.

(K) New installations or new acquisitions.

(1) If additional tanks comprising petroleum UST systems are installed, the owner and operator shall obtain and demonstrate a valid certificate of coverage in the fund from the petroleum underground storage tank release compensation board pursuant to division (D) of section 3737.91 of the Revised Code for each additional tank prior to introducing petroleum into the tank. In addition, the owner and operator shall obtain and demonstrate financial responsibility in compliance with paragraphs (H) to (H)(2) of this rule for each additional tank prior to introducing petroleum into the tank.

(2) If additional existing tanks comprising petroleum UST systems are acquired, the owner and operator shall obtain and demonstrate a valid certificate of coverage in the fund from the petroleum underground storage tank release compensation board pursuant to division (D) of section 3737.91 of the Revised Code for each additional tank prior to bringing the tank into operation. In addition, the owner and operator shall obtain and demonstrate financial responsibility in compliance with paragraphs (H) to (H)(2) of this rule for each additional tank prior to bringing the tank into operation.

(3) If an owner or operator is using self-insurance, insurance, or risk retention group coverage to comply with paragraphs (H) to (H)(2) of this rule, and if the number of additional tanks comprising petroleum UST systems within this state installed or acquired results in such a number of tanks so as to require a greater annual aggregate amount of coverage pursuant to paragraphs (J) to (J)(2) of this rule, the amount of such additional annual aggregate coverage necessary to comply with paragraphs (J) to (J)(2) of this rule shall be obtained and demonstrated by the owner and operator by the firstoccurring effective date anniversary of the self-insurance, insurance, or risk retention group coverage used to provide coverage.

(L) Financial test of self-insurance.

(1) An owner or operator may satisfy the requirements of paragraphs (H) to (H)(2) to this rule by passing a financial test as specified in paragraphs (L)(2) to (L)(9) of this rule.

To pass the financial test of self-insurance, the owner or operator shall meet the criteria of paragraphs (L)(2) to (L)(9) of this rule based on year-end financial statement for the latest completed fiscal year.

(2) The owner or operator shall have a tangible net worth of at least ten times the sum of the following:

(a) The applicable annual aggregate required by paragraph (J)(1) of this rule;

(b) The total of the applicable aggregate amount required by 40 C. F. R. 280.93 based on the number of USTs located in states other than Ohio for which a financial test is used to demonstrate financial responsibility to the United States environmental protection agency under 40 C.F.R. 280.95 or to another state implementing agency under a state program approved by the United States environmental protection agency under 40 C.F.R. Part 281;

(c) The sum of the corrective action cost estimates, the current closure and post-closure care cost estimates, and amount of liability coverage for which a financial test is used to demonstrate financial responsibility to the United States environmental protection agency under 40 C. F. R. 264.101, 264.143, 264.145, 265.143, 165.145, 264.147, and 265.147 or to a state implementing agency under a state program authorized by the United States environmental protection agency under 40 C.F.R. Part 271 including, without limitation, the Ohio environmental protection agency under Chapter 3745 of the Administrative Code; and

(d) The sum of current plugging and abandonment cost estimates for which a financial test is used to demonstrate financial responsibility to the United States environmental protection agency under 40 C.F.R. 144.63 or to a state implementing agency under a state program authorized by the United States environmental protection agency under 40 C.F.R. Part 145 including, without limitation, the Ohio environmental protection agency under Chapter 3734 of the Administrative Code and the Ohio department of natural resources under Chapter 1501:9 of the Administrative Code.

(3) The owner or operator shall maintain a letter signed by the chief financial officer worded as specified in paragraph (L)(6) of this rule.

(4) The owner or operator shall comply with at least one of the following:

(a) File financial statements annually with the United State securities and exchange commission, the United States energy information administration, the United States rural electrification administration, or the Ohio department of commerce; or

(b) Report annually the firm's tangible net worth to Dun and Bradstreet, and Dun and Bradstreet shall have assigned the firm a financial strength rating of 4A or 5A; or

(c) Have an independent certified public accountant conduct an audit or a review of the fiscal year-end financial statements of the owner or operator and prepare a special report wherein the independent certified public accountant states both of the following:

(i) He has compared the data that the letter form the chief financial officer specifies as having been derived from the latest year-end financial statements of the owner or operator with the amounts in such financial statements; and

(ii) In connection with that comparison, no matters came to his attention which caused him to believe that the specified data should be adjusted.

This special report shall be maintained by the owner or operator with the letter required by paragraph (L)(3) of this rule.

(5) The owner's or operator's year-end financial statements, if independently audited, cannot include an adverse auditor's opinion, a disclaimer of opinion, or a "going concern" qualification.

(6) To demonstrate that it meets the financial test under this rule, the chief financial officer of the owner or operator, shall sign, within one hundred twenty days of the close of each financial reporting year, as defined by the twelve-month period for which financial statements used to support the financial test are prepared, a letter worded exactly as follows, except that the instructions in brackets are to be replaced by the relevant information and the brackets deleted:

"Letter from chief financial officer.

I am the chief financial officer of [insert: name and address of the owner or operator]. This letter is in support of the use of the financial test of self-insurance to demonstrate financial responsibility for taking corrective action and compensating third parties for bodily injury and property damage caused by accidental releases in the amount of at least [insert: applicable dollar amount from paragraphs (H)(1) to (H)(1)(b) of rule 1301:7-9-05 of the Ohio Administrative Code] per occurrence and [insert: applicable dollar amount from paragraph (J)(1) of rule 1301:7-9-05 of the Ohio Administrative Code] annual aggregate arising from operating (an) underground storage tank(s).

Underground storage tanks at the following facilities are assured by this financial test by this [insert: "owner" or "operator,"]: [list for each facility: the name and address of the facility where tanks assured by this financial test are located. If separate mechanisms are being used to assure any of the tanks at this facility, describe each tank assured by this financial test.]

A [insert: "financial test " and/or "guarantee"] is also used by this [insert: "owner" or "operator"] to demonstrate evidence of financial responsibility in the following amounts under United States environmental protection agency regulations or state programs authorized by the United States environmental protection agency under 40 C. F. R. Parts 281, 271, and 145: --

Appropriate aggregate amount required for USTs in other states by the United States Environmental Protection Agency under 40 C.F.R. 280.93 ; . . . . . . . . . $_____

Appropriate aggregate amount required for USTs in other states by another state implementing program authorized by the United States Environmental Protection Agency under 40 C.F.R. Part 281; . . . . . . . . . $_____

Closure amounts required by the United States Environmental Protection Agency under 40 C.F.R. 264.143 and 40 C.F.R. 265.143 ; . . . . . . . . . . . . . . . . . . . . . $_____

Post-closure care amounts required by the United States Environmental Protection Agency under 40 C.F.R. 264.145 and 40 C.F.R. 265.145 ; . . . . . . . . . . . . . . $_____

Liability coverage amounts required by the United States Environmental Protection Agency under 40 C.F.R. 264.147 and 40 C.F.R. 265.147 ; . . . . . . . . . . . . . . $_____

Corrective action amounts required by the United States Environmental Protection Agency under 40 C.F.R. 264.101(B) ;. . . . . . . . . . . . . . . . . . . . . $_____

Plugging and abandonment amounts required by the United States Environmental Protection Agency under 40 C.F.R. 144.63 ; . . . . . . . . . . . . . . $_____

Closure amounts required by all state implementing agencies under state programs authorized by the United States Environmental Protection Agency under 40 C.F.R. Part 271; . . . . . . . . . . . . . . . . . . . . . $_____

Post-closure care amounts required by all state implementing agencies under state programs authorized by the United States Environmental Protection Agency under 40 C.F.R. Part 271; . . . . . . . . . . . . . . . . . . $_____

Liability coverage amounts required by all state implementing agencies under state programs authorized by the United States Environmental Protection Agency under 40 C.F.R. Part 271; . . . . . . . . . . . . . . . . . . $_____

Corrective action amounts required by all state implementing agencies under state programs authorized by the United States Environmental Protection Agency under 40 C.F.R. Part 271; . . . . . . . . . . . . . . . . . . $_____

Plugging and abandonment amounts required by all state implementing agencies under state programs authorized by the United States Environmental Protection Agency under 40 C.F.R. Part 145 . . . . . . . . . . $_____

Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $_____

This [insert: "owner" or "operator,"] has not received an adverse opinion, a disclaimer of opinion, or a "going concern" qualification from an independent auditor on his financial statements for the latest completed fiscal year.

[Fill in the applicable information below.] --

1. Amount of annual UST aggregate coverage being assured in Ohio by a financial test . . . . . . . . . . . . . $_______

2. Amount of corrective action, closure and post-closure care costs, liability coverage, plugging and abandonment costs, and UST financial responsibility liabilities in all other states . . . . . . . . . . . . . . . . . . . . . . . $_______

3. Sum of lines 1 and 2 . . . . . . . . . . . . . . . . . . . . . $_______

4. Total tangible assets . . . . . . . . . . . . . . . . . . . . $_______

5. Total liabilities [if any of the amount reported on line 3 is included in total liabilities, you may deduct that amount from this line and add that amount to line 6] . . . . . . . . . . . . . . . . . . . . . . $_______

6. Tangible net worth [subtract line 5 from line 4]. . . . . . . . . . . . . . . . . . . . $_______ --

Yes No

7. Is line 6 at least ten times line 3? . . . . . . . . . . . . ______ _____

8. Have financial statements for the latest fiscal year been filed with the United States securities and exchange commission?. . . . . . . . ______ _____

9. Have financial statements for the latest fiscal year been filed with the United States energy information administration? . . . . . . . . . . ______ _____

10. Have financial statements for the latest fiscal year been filed with the United States rural electrification administration? . . . . . . . . . . ______ _____

11. Has financial information been provided to Dun and Bradstreet, and has Dun and Bradstreet provided a financial strength rating of 4A or 5A? [Answer "yes" only if both criteria have been met.]. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ______ _____

12. Have financial statements for the latest fiscal year been filed with the Ohio department of commerce?. . . . . . . . . . . . . . . . . . . . . . ______ _____

[If lines 8 through 12 are all answered "no", please attach the report from an independent certified public accountant certifying that there are no material differences between the data as reported in lines 4 through 7 above and the financial statements for the latest fiscal year.]

[Complete the certification with this statement.]

I hereby certify that the wording of this letter is identical to the wording specified in paragraph (L)(6) of rule 1301:7-9-05 of the Ohio Administrative Code as such regulations were constituted on the date shown immediately below.

[Signature]

[Name]

[Title]

[Date]"

(7) Within one hundred twenty days of the end of each subsequent financial reporting year, owners and operators using the self-insurance mechanism shall evaluate whether they meet the financial test described in paragraphs (L)(2) to (L)(9) of this rule. If an owner or operator using the test to provide financial assurance finds that he or she no longer meets the requirements of the financial test based on the year-end financial statements, the owner or operator shall obtain and demonstrate alternative coverage within one hundred fifty days of the end of the year for which financial statements have been prepared.

(8) The fire marshal may require reports of financial condition at any time from the owner or operator. If the fire marshal determines, on the basis of such reports or other information, that the owner or operator no longer meets the financial test requirements of paragraphs (L)(2) to (L)(9) of this rule, the owner or operator shall obtain and demonstrate alternate coverage in compliance with this rule within thirty days after notification of such a determination by the fire marshal.

(9) If the owner or operator fails to obtain alternate assurance within one hundred fifty days of the end of the financial reporting year after finding that he or she no longer meets the requirements of the financial test based on the year-end financial statements, or within thirty days of notification by the fire marshal that he or she no longer meets the requirements of the financial test, the owner or operator shall notify the fire marshal of such failure within ten days.

(M) Guarantee.

(1) An owner or operator may satisfy the requirements of paragraphs (H) to (H)(2) of this rule by obtaining a guarantee that conforms to the requirements of paragraphs (M)(2) to (M)(5) of this rule.

(2) The guarantor shall be in compliance with all applicable sections of Title XXXIX of the Revised Code.

(3) An owner or operator who uses a guarantee to satisfy the requirements of paragraphs (H) to (H)(2) of this rule shall establish a standby trust fund when the guarantee is obtained.

Under the terms of the guarantee, all amounts paid by the guarantor under the guarantee will be deposited directly into the standby trust fund in accordance with instructions from the fire marshal. This standby trust fund shall meet the requirements specified in paragraphs (R) to (R)(5) of this rule.

(4) The guarantee shall be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:

Guarantee.

Guarantee made this [date] by [name of guaranteeing entity], a business entity organized under the laws of the state of [name of state], and in compliance with all applicable sections of Title 39 of the Ohio Revised Code, herein referred to as Guarantor, to the Ohio Fire Marshal and to any and all third parties, and obligees, on behalf of [owner or operator] of [business address].

Recitals.

(1) [Owner or operator] owns or operates the following underground storage tank(s) covered by this guarantee: [list the number of tanks at each facility and the name(s) and address(es) of the facility(ies) where the tanks are located. If more than one instrument is used to assure different tanks at any one facility, for each tank covered by this instrument, describe the tanks covered and list the name and address of the facility.]

This guarantee satisfies rule 1301:7-9-05 of the Ohio Administrative Code requirements for assuring funding for taking corrective action and compensating third parties for bodily injury and property damage caused by accidental releases from the aboveidentified underground storage tank(s) in the amount of[insert applicable dollar amount required under paragraphs (H)(1) to (H)(1)(b) of this rule] per occurrence and [insert applicable dollar amount required under paragraph (J)(3) of this rule] annual aggregate.

(2) On behalf of [owner or operator], Guarantor guarantees to the Ohio Fire Marshal and to any and all third parties that:

In the event that [owner or operator] fails to provide alternative coverage within sixty days after receipt of a notice of cancellation of this guarantee and the Ohio Fire Marshal has determined or suspects that a release has occurred at an underground storage tank covered by this guarantee, the Guarantor, upon instructions from the Ohio Fire Marshal, shall fund a standby trust fund in accordance with the provisions of paragraphs (AA) to (AA)(3) of rule 1301:7-9-05 of the Ohio Administrative Code, in an amount not to exceed the coverage limits specified above.

In the event that the Ohio Fire Marshal determines that [owner or operator] has failed to perform corrective action for releases from the above-identified tank(s) in accordance with section 3737.88 or 3737.882 of the Ohio Revised Code or Chapter 1301:7-9 of the Ohio Administrative Code, the Guarantor, upon written instructions from the Ohio Fire Marshal, shall fund a standby trust in accordance with the provisions of paragraphs (AA) to (AA)(3) of rule 1301:7-9-05 of the Ohio Administrative Code, in an amount not to exceed the coverage limits specified above.

If [owner or operator] fails to satisfy a judgment or award based on a determination of liability for bodily injury or property damage to third parties caused by accidental releases from the above-identified tank(s), or fails to pay an amount agreed to in settlement of a claim arising from or alleged to arise from such injury or damage, the Guarantor, upon written instructions from the Ohio Fire Marshal, shall fund a standby trust in accordance with the provisions of paragraphs (AA) to (AA)(3) of rule 1301:7-9-05 of the Ohio Administrative Code to satisfy such judgment(s), award(s), or settlement agreement(s) up to the limits of coverage specified above.

(3) Guarantor agrees that if, at any time, the Guarantor fails to meet any of the applicable sections of Title 39 of the Ohio Revised Code, Guarantor shall send within one hundred twenty days of such failure, by certified mail, notice to [owner or operator]. The guarantee will terminate one hundred twenty days from the date of receipt of the notice by [owner or operator], as evidenced by the return receipt.

(4) Guarantor agrees to notify [owner or operator] by certified mail of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code naming Guarantor as debtor, within ten days after commencement of the proceeding.

(5) Guarantor agrees to remain bound under this guarantee notwithstanding any modification or alteration of any obligation of [owner or operator] pursuant to Chapter 1301:7-9 of the Ohio Administrative Code.)

(6) Guarantor agrees to remain bound under this guarantee for so long as [owner or operator] must comply with the applicable financial responsibility requirements of rule1301:7-9-05 of the Ohio Administrative Code for the above-identified tank(s), except that Guarantor may cancel this guarantee by sending notice by certified mail to[owner or operator], such cancellation to become effective no earlier than one hundred twenty days after receipt of such notice by [owner or operator], as evidenced by the return receipt.

(7) The Guarantor's obligation does not apply to any of the following:

(a) any obligation of [insert owner or operator] under a workers' compensation, disability benefits, or unemployment compensation law or other similar law;

(b) bodily injury to an employee of [insert owner or operator] arising from, and in the course of, employment by [insert owner or operator];

(c) bodily injury or property damage arising from the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle, or watercraft;

(d) property damage to any property owned, rented, loaned to, in the care, custody, or control of, or occupied by [insert owner or operator] that is not the direct result of a release from a petroleum underground storage tank;

(e) bodily damage or property damage for which [insert owner or operator] is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than a contract or agreement entered into to meet the requirements of paragraphs (H) to (H)(2) of rule 1301:7-9-05 of the Ohio Administrative Code.

(8) Guarantor expressly waives notice of acceptance of this guarantee by the Ohio Fire Marshal, by any or all third parties, or by [owner or operator].

I hereby certify that [name of Guarantor] is in compliance with all applicable sections of Title 39 of the Ohio Revised Code.

I hereby certify that the wording of this guarantee is identical to the wording specified in paragraph (M)(4) of rule 1301:7-9-05 of the Ohio Administrative Code as such regulations were constituted on the effective date shown immediately below.

Effective date:

_______________

[Name of Guarantor].

[Authorized signature for Guarantor].

[Name of person signing].

[Title of person signing].

Signature of witness or notary:"

(5) The owner or operator shall maintain an original of the guarantee worded as specified in paragraph (M)(4) of this rule.

(N) Insurance and risk retention group coverage.

(1) An owner or operator may satisfy the requirements of paragraphs (H) to (H)(2) of this rule by obtaining liability insurance that conforms to the requirements of paragraphs (N)(2) and (N)(3) of this rule from a insurer or risk retention group in compliance with Title XXXIX of the Revised Code. Such insurance may be in the form of a separate insurance policy or an endorsement to an existing insurance policy.

(2) Each insurance policy shall be amended by an endorsement worded as specified in the following paragraph entitled "(a) endorsement" or evidenced by a certificate of insurance worded as specified in the following paragraph entitled "(b) certificate of insurance", except that instructions in brackets shall be replaced with the relevant information and the brackets deleted:

"

(a) Endorsement.

Name: [name of each covered location].

_________________________________________

_________________________________________

_________________________________________

Address: [address of each covered location].

_________________________________________

_________________________________________

_________________________________________

Policy number: _______________

Period of Coverage: [current policy period].

_________________________________________

_________________________________________

Name of [Insurer or Risk Retention Group]:

_________________________________________

_________________________________________

Address of [Insurer or Risk Retention Group]:

_________________________________________

_________________________________________

Name of Insured:

_________________________________________

Address of Insured:

_________________________________________

_________________________________________

_________________________________________

Endorsement:

1. This endorsement certifies that the policy to which the endorsement is attached provides liability insurance covering the following underground storage tanks:

[list the number of tanks at each facility and the name(s) and address(es) of the facility(ies) where the tanks are located. If more than one instrument is used to assure different tanks at any one facility, for each tank covered by this instrument, describe the tanks covered and list the name and address of the facility.]

For taking corrective action and compensating third parties for bodily injury and property damage caused by accidental releases in accordance with and subject to the limits of liability, exclusions, conditions, and other terms of the policy arising from operating the underground storage tank(s) identified above.

The limits of liability are [insert the applicable dollar amount from paragraphs (H)(1) to (H)(1)(b) of this rule] per-occurrence and [insert applicable dollar amounts from paragraph (J)(2) of this rule] aggregate [if the amount of coverage is different for different underground storage tanks or locations, indicate the amount of coverage for each underground storage tank or location], exclusive of legal defense costs, which are subject to a separate limit under the policy. This coverage is provided under [policy number]. The effective date of said policy is [date].

2. The insurance afforded with respect to such occurrences is subject to all of the terms and conditions of the policy; provided, however, that any provisions inconsistent with subsections (A) through (E) of this Paragraph 2 are hereby amended to conform with subsections (A) through (E);

A. Bankruptcy or insolvency of the Insured shall not relieve the ["Insurer" or "Group"] of its obligations under the policy to which this endorsement is attached.

B. The ["Insurer" or "Group"] is liable for the payment of amounts within any deductible applicable to the policy to the provider of corrective action or a damaged third-party, with a right of reimbursement by the Insured for any such payment made by the ["Insurer" or "Group"].

C. Whenever requested by the Ohio Fire Marshal, the ["Insurer" or "Group"] agrees to furnish to the Ohio Fire Marshal a signed duplicate original of the policy and all endorsements. The ["Insurer" or "Group"] agrees to furnish to the Ohio Fire Marshal copies of all payments made under this policy within ten days of making payment.

D. Cancellation or any other termination of the insurance by the ["Insurer" or "Group"], except for non-payment of premium or misrepresentation by the Insured, will be effective only upon written notice and only after the expiration of sixty days after a copy of such written notice is received by the Insured. Cancellation for non-payment of premium or misrepresentation by the Insured will be effective only upon written notice and only after expiration of a minimum of ten days after a copy of such written notice is received by the Insured.

E. The insurance covers claims otherwise covered by the policy that are reported to the ["Insurer" or "Group"] within six months of the effective date of the cancellation or non-renewal of the policy except where the new or renewed policy has the same retroactive date or a retroactive date earlier than that of the prior policy, and which arise out of any covered occurrence that commenced after the policy retroactive date, if applicable, and prior to such policy renewal or termination date. Claims reported during such extended reporting period are subject to the terms, conditions, limits, including limits of liability, and exclusions of the policy.

I hereby certify that the wording of this instrument is identical to the wording in paragraph (N)(2) of rule 1301:7-9-05 of the Ohio Administrative Code and that the["Insurer" or "Group"] is in compliance with all applicable sections of Title 39 of the Ohio Revised Code.

[Signature of authorized representative of Insurer or Risk Retention Group].

[Name of person signing].

[Title of person signing], Authorized Representative of [name of Insurer or Risk Retention Group].

[Address of representative]."

(b) Certificate of Insurance.

Name: [name of each covered location].

_________________________________________

_________________________________________

Address: [address of each covered location].

_________________________________________

_________________________________________

_________________________________________

_________________________________________

Policy number: ____________

Endorsement (if applicable):

_________________________________________

Period of Coverage: [current policy period].

_________________________________________

Name of [Insurer or Risk Retention Group]:

_________________________________________

_________________________________________

Address of [Insurer or Risk Retention Group]:

_________________________________________

_________________________________________

_________________________________________

Name of Insured:

_________________________________________

Address of Insured:

_________________________________________

_________________________________________

_________________________________________

Certification:

1. [Name of Insurer of Risk Retention Group], [the "Insurer" or "Group"], as identified above, hereby certifies that it has issued liability insurance covering the following underground storage tank(s): [list the number of tanks at each facility and the name(s) and address(es) of the facility(ies) where the tanks are located. If more than one instrument is used to assure different tanks at any one facility, for each tank covered by this instrument, describe the tank covered and list the name and address of the facility.]

For taking corrective action and compensating third parties for bodily injury and property damage caused by accidental releases, in accordance with and subject to the limits of liability, exclusions, conditions, and other terms of the policy, arising from operating the underground storage tank(s) identified above.

The limits of liability are [insert applicable dollar amount from paragraphs (H)(1) to (H)(1)(b) of this rule] per-occurrence and [insert applicable dollar amount from paragraph (J)(2) of this rule] annual aggregate [if the amount of coverage is different for different underground storage tanks or locations, indicate the amount of coverage for each underground storage tank or location], exclusive of legal defense costs, which are subject to a separate limit under the policy. This coverage is provided under [policy number]. The effective date of said policy is [date]. 2. The ["Insurer" or "Group"] further certifies the following with respect to the insurance described in Paragraph 1:

A. Bankruptcy or insolvency of the Insured shall not relieve the ["Insurer" or "Group"] of its obligations under the policy to which this certificate applies.

B. The ["Insurer" or "Group"] is liable for the payment of amounts within any deductible applicable to the policy to the provider of corrective action or a damaged third-party, with a right of reimbursement by the Insured for any such payment made by the ["Insurer" or "Group"].

C. Whenever requested by the Ohio Fire Marshal, the ["Insurer" or "Group"] agrees to furnish to the Ohio Fire Marshal a signed duplicate original of the policy and all endorsements. The ["Insurer" or "Group"] agrees to furnish to the Ohio Fire Marshal copies of all payments made under this policy within ten days of making payment.

D. Cancellation or any other termination of the insurance by the ["Insurer" or "Group"], except for non-payment of premium or misrepresentation by the Insured, will be effective only upon written notice and only after the expiration of sixty days after a copy of such written notice is received by the Insured. Cancellation for non-payment of premium or misrepresentation by the Insured will be effective only upon written notice and only after expiration of a minimum of ten days after a copy of such written notice is received by the Insured.

E. The insurance covers claims otherwise covered by the policy that are reported to the ["Insurer" or "Group"] within six months of the effective date of cancellation or nonrenewal of the policy except where the new or renewed policy has the same retroactive date or a retroactive date earlier than that of the prior policy, and which arise out of any covered occurrence that commenced after the policy retroactive date, if applicable, and prior to such policy renewal or termination date. Claims reported during such extended reporting period are subject to the terms, conditions, limits, including limits of liability, and exclusions of the policy.

I hereby certify that the wording of this instrument is identical to the wording in paragraph (N)(2) of rule 1301:7-9-05 of the Ohio Administrative Code and that the["Insurer" or "Group"] is in compliance with all applicable sections of Title 39 of the Ohio Revised Code.

[Signature of authorized representative of Insurer].

[Type name].

[Title], Authorized Representative of [name of Insurer or Risk Retention Group].

[Address of Representative]"

(3) The insurer or risk retention group which issues a policy shall provide to the fire marshal copies of all payments made under the policy within ten days of making payment.

(4) If, after a payment under the policy by an insurer or risk retention group, the fire marshal determines that the annual aggregate remaining under the policy is less than the applicable per-occurrence amount required under paragraphs (H)(1) to (H)(1)(b) of this rule for any tank comprising a petroleum UST system within this state, the owner or operator shall obtain and demonstrate alternate coverage in compliance with this rule within thirty days after notification of such a determination by the fire marshal.

(5) The owner or operator shall maintain a copy of either the endorsement or certificate of insurance worded as specified in paragraph (N)(2) of this rule.

(O) Surety bond.

(1) An owner or operator may satisfy the requirements of paragraphs (H) to (H)(2) of this rule by obtaining a surety bond that conforms to the requirements of paragraphs (O)(2) and (O)(3) of this rule. The surety company issuing the bond shall be in compliance with all applicable sections of Title XXXIX of the Revised Code.

(2) The surety bond shall be worded as follows, except that instructions in brackets shall be replaced with the relevant information and the brackets deleted: "Performance Bond.

Date bond executed: _______________

Period of coverage:

__________________________________________

Principal: [legal name and business address of owner or operator].

Type of organization: [insert individual, joint venture, partnership, or corporation].

State of incorporation (if applicable): _______________

Surety(ies): [name(s) and business address(es)].

Scope of Coverage: [list the number of tanks at each facility and the name(s) and address(es) of the facility(ies) where the tanks are located. If more than one instrument is used to assure different tanks at any one facility, for each tank covered by this instrument, describe the tanks covered and list the name and address of the facility. List the coverage guaranteed by the bond as "taking corrective action and compensating third parties for bodily injury and property damage caused by accidental releases arising from operating the underground storage tank"].

Penal sums of bond:

Per occurrence: [insert applicable dollar amounts required under paragraphs (H)(1) to (H)(1)(b) of this rule].

Annual aggregate: [insert applicable dollar amounts required under paragraph (J)(3) of this rule].

Surety's bond number:

_____________________________________

Know All Persons by These Presents, that we, the Principal and Surety(ies), hereto are firmly bound to the Ohio Fire Marshal, in the above penal sums for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally; provided that, where the Surety(ies) are corporations acting as cosureties, we, the Sureties, bind ourselves in such sums jointly and severally only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each Surety binds itself, jointly and severally with the Principal, for the payment of such sums only as is set forth opposite the name of such Surety, but if no limit of liability is indicated, the limit of liability shall be the full amount of the penal sums.

Whereas said Principal is required under paragraphs (H) to (H)(2) of rule 1301:7-9-05 of the Ohio Administrative Code to provide financial assurance for taking corrective action and compensating third parties for bodily injury and property damage caused by accidental releases arising from operating the underground storage tanks identified above, and

Whereas said Principal shall establish a standby trust fund as is required by paragraph (O)(4) of rule 1301:7-9-05 of the Ohio Administrative Code when a surety bond is used to provide such financial assurance;

Now, therefore, the conditions of the obligation are such that if the Principal shall faithfully take corrective action, in accordance with sections 3737.88 and 3737.882 of the Ohio Revised Code and Chapter 1301:7-9 of the Ohio Administrative Code and the Ohio Fire Marshal's instructions and compensate injured third parties for bodily injury and property damage caused by accidental releases arising from operating the tank(s) identified above, or if the Principal shall provide alternate financial assurance, as specified in paragraphs (X) to (X)(2)(c) of rule 1301:7-9-05 of the Ohio Administrative Code, within one hundred twenty days after the date the notice of cancellation is received by the Principal from the Surety(ies), then this obligation shall be null and void; otherwise it is to remain in full force and effect.

Such obligation does not apply to any of the following:

(A) Any obligation of [insert owner or operator] under a workers' compensation, disability benefits, or unemployment compensation law or other similar law;

(B) Bodily injury to an employee of [insert owner or operator] arising from, and in the course of, employment by [insert owner or operator];

(C) Bodily injury or property damage arising from the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle, or watercraft;

(D) Property damage to any property owned, rented, loaned to, in the care, custody, or control of, or occupied by [insert owner or operator] that is not the direct result of a release from a petroleum underground storage tank;

(E) Bodily injury or property damage for which [insert owner or operator] is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than a contract or agreement entered into to meet the requirements of paragraphs (H) to (H)(2) of rule 1301:7-9-05 of the Ohio Administrative Code.

The Surety(ies) shall become liable on this bond obligation only when the Principal has failed to fulfill the conditions described above.

Upon notification by the Ohio Fire Marshal that the Principal has failed to take corrective action, in accordance with sections 3737.88 and 3737.882 of the Ohio Revised Code and Chapter 1301:7-9 of the Ohio Administrative Code and the Ohio Fire Marshal's instructions, or compensate injured third parties as guaranteed by this bond, the Surety(ies) shall either perform corrective action in accordance with sections 3737.88 and 3737.882 of the Ohio Revised Code and Chapter 1301:7-9 of the Ohio Administrative Code and the Ohio Fire Marshal's instructions and pay third-party liability compensation or place funds in an amount up to the annual aggregate penal sum into the standby trust fund as directed by the Ohio Fire Marshal under paragraphs (AA) to (AA)(3) of rule 1301:7-9-05 of the Ohio Administrative Code. The surety(ies) shall notify the Ohio Fire Marshal of all payments made under this instrument within ten days of making payment.

Upon notification by the Ohio Fire Marshal that the Principal has failed to provide alternate financial assurance within sixty days after the date the notice of cancellation is received by the Principal from the Surety(ies) and that the Ohio Fire Marshal has determined or suspects that a release has occurred, the Surety(ies) shall place funds in an amount not exceeding the annual aggregate penal sum into the standby trust fund as directed by the Ohio Fire Marshal under paragraphs (AA) to (AA)(3) of rule 1301:7-9-05 of the Ohio Administrative Code.

The surety(ies) hereby waive(s) notification of amendments to applicable laws, statutes, rules, and regulations and agree(s) that no such amendment shall in any way alleviate its (their) obligation on this bond.

The liability of the Surety(ies) shall not be discharged by any payment or succession of payments hereunder, unless and until such payment or payments shall amount in the annual aggregate to the penal sum shown on the face of the bond, but in no event shall the obligation of the Surety(ies) hereunder exceed the amount of said annual aggregate penal sum.

The Surety(ies) may cancel the bond by sending notice of cancellation by certified mail to the Principal, provided, however, that cancellation shall not occur during the one hundred twenty days beginning on the date of receipt of the notice of cancellation by the Principal, as evidenced by the return receipt.

The Principal may terminate this bond by sending written notice to the Surety(ies).

In Witness Thereof, the Principal and Surety(ies) have executed this Bond and have affixed their seals on the date set forth above.

The persons whose signatures appear below hereby certify that they are authorized to execute this surety bond on behalf of the Principal and Surety(ies) and that the wording of this surety bond is identical to the wording specified in paragraph (O)(2) of rule 1301:7-9-05 of the Ohio Administrative Code as such regulations were constituted on the date this bond was executed. The persons whose signatures appear below hereby certify that the Surety(ies) are in compliance with all applicable sections of Title 39 of the Ohio Revised Code.

Principal

[Signature(s)].

[Name(s)].

[Title(s)].

[Corporate seal].

Corporate Surety(ies)

[Name and address].

State of Incorporation: [__________.]

Liability limit: [$__________.]

[Signature(s)].

[Name(s) and title(s)].

[Corporate seal].

[For every co-surety, provide signature(s), corporate seal, and other information in the same manner as for Surety above.]

Bond premium: $__________"

(3) Under the terms of the bond, the surety will become liable on the bond obligation when the owner or operator fails to perform as guaranteed by the bond. In all cases, the surety's liability is limited to the per-occurrence and annual aggregate penal sums.

(4) The owner or operator who uses a surety bond to satisfy the requirements of paragraphs (H) to (H)(2) of this rule shall establish a standby trust fund when the surety bond is acquired. Under the terms of the bond, all amounts paid by the surety under the bond shall be deposited directly into the standby trust fund in accordance with instructions from the fire marshal under paragraphs (AA) to (AA)(3) of this rule. This standby trust fund shall meet the requirements specified in paragraphs (R) to (R)(5) of this rule.

(5) The owner or operator shall maintain an original of the surety bond worded as specified in paragraph (O)(2) of this rule.

(P) Letter of credit.

(1) An owner or operator may satisfy the requirements of paragraphs (H) to (H)(2) of this rule by obtaining an irrevocable standby letter of credit that conforms to the requirements of paragraph (P)(2) of this rule. The issuing institution shall be an entity that has the authority to issue letters of credit in the state of Ohio and whose letter-ofcredit operations are regulated and examined by a federal or state agency.

(2) The letter of credit shall be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:

"Irrevocable Standby Letter of Credit

[Name and address of issuing institution].

[Name and address of the Ohio Fire Marshal].

Dear Sir or Madam: We hereby establish our Irrevocable Standby Letter of Credit No. _____ in your favor, at the request and for the account of [owner or operator name] of [address] up to the aggregate amount of [in words of an amount equal to the peroccurrence amount required under paragraphs (H)(1) to (H)(1)(b) of this rule] U.S. dollars ($[insert dollar amount]), available upon presentation by you of

(1) Your signed draft, bearing reference to this letter of credit, No. _____, and

(2) Your signed statement reading as follows: "I certify that the amount of the draft is payable pursuant to regulations issued under authority of section 3737.882 of the Ohio Revised Code."

This letter of credit may be drawn on to cover taking corrective action and compensating third parties for bodily injury and property damage caused by accidental releases from the underground storage tank(s) identified below in the amount of [in words of an amount equal to the per-occurrence amount required under paragraphs (H)(1) to (H)(1)(b) of this rule] $[insert dollar amount] per occurrence and [in words of an amount equal to the per-occurrence amount required under paragraphs (H)(1) to (H)(1)(b) of this rule] $[insert dollar amount] annual aggregate: [list the number of tanks at each facility and the name(s) and address(es) of the facility(ies) where the tanks are located. If more than one instrument is used to assure different tanks at any one facility, for each tank covered by this instrument, describe the tanks covered and list the name and address of the facility.]

The letter of credit may not be drawn on to cover any of the following:

(A) Any obligation of [insert owner or operator] under a workers' compensation, disability benefits, or unemployment compensation law or other similar law;

(B) Bodily injury to an employee of [insert owner or operator] arising from, and in the course of, employment by [insert owner or operator];

(C) Bodily injury or property damage arising from the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle, or watercraft;

(D) Property damage to any property owned, rented, loaned to, in the care, custody, or control of, or occupied by [insert owner or operator] that is not the direct result of a release from a petroleum underground storage tank;

(E) Bodily injury or property damage for which [insert owner or operator] is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than a contract or agreement entered into to meet the requirements of paragraphs (H) to (H)(2) of rule 1301:7-9-05 of the Ohio Administrative Code.

This letter of credit is effective as of [date] and shall expire on [date], but such expiration date shall be automatically extended for a period of [at least the length of the original term] on [expiration date] and on each successive expiration date, unless, at least one hundred twenty days before the current expiration date, we notify [owner or operator] by certified mail that we have decided not to extend this letter of credit beyond the current expiration date. In the event that [owner or operator] is so notified, any unused portion of the credit shall be available upon presentation of your sight draft for one hundred twenty days after the date of receipt by [owner or operator], as shown on the signed return receipt.

Whenever this letter of credit is drawn on under and in compliance with the terms of this credit, we shall duly honor such draft upon presentation to us, and we shall deposit the amount of the draft directly into the standby trust fund of [owner or operator] in accordance with your instructions.

We certify that the wording of this letter of credit is identical to the wording specified in paragraph (P)(2) of rule 1301:7-9-05 of the Ohio Administrative Code as such regulations were constituted on the date shown immediately below.

[Signature(s) and title(s) of official(s) of issuing institution [date]

This credit is subject to [insert: "the most recent edition of the Uniform Customs and Practice for Documentary Credits, published by the International Chamber of Commerce," OR "the Uniform Commercial Code", or the applicable state statute]."

(3) An owner or operator who uses a letter of credit to satisfy the requirements of paragraphs (H) to (H)(2) of this rule shall also establish a standby trust fund when the letter of credit is acquired. Under the terms of the letter of credit, all amounts paid pursuant to a draft by the fire marshal shall be deposited by the issuing institution directly into the standby trust fund in accordance with instructions from the fire marshal under paragraphs (AA) to (AA)(3) of this rule. This standby trust fund shall meet the requirements specified in paragraphs (R) to (R)(5) of this rule.

(4) The letter of credit shall be irrevocable with a term specified by the issuing institution.

The letter of credit shall provide that credit be automatically renewed for the same term as the original term, unless, at least one hundred twenty days before the current expiration date, the issuing institution notifies the owner or operator by certified mail of its decision not to renew the letter of credit. Under the terms of the letter of credit, the one hundred twenty days will begin on the date when the owner or operator receives the notice, as evidenced by the return receipt.

(5) The owner or operator shall maintain an original of the letter of credit worded as specified in paragraph (P)(2) of this rule.

(Q) Trust fund.

(1) An owner or operator may satisfy the requirements of paragraphs (H) to (H)(2) of this rule by establishing a trust fund that conforms to the requirements of paragraphs (Q)(1) to (Q)(7) of this rule. The trustee shall be an entity that has the authority to act as a trustee and whose trust operations are regulated and examined by a federal agency, the Ohio department of commerce, or an agency of the state in which the fund is established.

(2) The wording of the trust agreement shall be identical to the wording specified in paragraph (R)(2)(a) of this rule, and must be accompanied by a formal certification of acknowledgement as specified in paragraph (R)(2)(b) of this rule.

(3) The trust fund, when established, shall be funded for the applicable full required amount of coverage specified in paragraphs (H)(1) to (H)(1)(b) of this rule.

(4) If the value of the trust fund is greater than the applicable required amount of coverage specified in paragraphs (H)(1) to (H)(1)(b) of this rule, the owner or operator may submit a written request to the fire marshal for release of the excess if such a release is not provided for under the terms of the trust agreement.

(5) If other financial assurance as specified in paragraphs (W)(1) and (W)(2) of this rule is substituted for all of the trust fund, the owner or operator may submit a written request to the fire marshal for release of the excess.

(6) Within sixty days after receiving a request from the owner or operator for release of funds as specified in paragraph (Q)(4) or (Q)(5) of this rule, the fire marshal shall instruct the trustee to release to the owner or operator such funds as the fire marshal specifies in writing.

(7) The owner or operator shall maintain an original of the trust agreement and certification worded as specified in paragraphs (R)(2)(a) and (R)(2)(b) of this rule.

(R) Standby trust fund.

(1) An owner or operator using any one of the mechanisms authorized by paragraphs (M) to (M)(5), (O) to (O)(5), (P) to (P)(5), or (U)(4)(a) to (U)(4)(b) of this rule shall establish a standby trust fund when the mechanism is acquired. The trustee of the standby trust fund shall be an entity that has the authority to act as a trustee and whose trust operations are regulated and examined by a federal agency, the Ohio department of commerce, or an agency of the state in which the fund is established.

(2)

(a) The standby trust agreement, or trust agreement, shall be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted: "Trust Agreement.

Trust agreement, the "Agreement", entered into as of [date] by and between [name of the owner or operator], a [name of state] [insert corporation, partnership, association, or proprietorship], the Grantor, and [name of corporate trustee], [insert "incorporated in the state of __________" or a "national bank":], the Trustee.

Whereas, the Fire Marshal, a division of the state of Ohio, has established certain regulations applicable to the Grantor, requiring that an owner or operator of an underground storage tank shall provide assurance that funds will be available when needed for corrective action and third-party compensation for bodily injury and property damage caused by sudden and nonsudden accidental releases from underground storage tanks. The attached Schedule A lists the number of tanks at each facility and the name(s) and address(es) of the facility(ies) where the tanks are located that are covered by this trust agreement.

[Whereas, the Grantor has elected to establish [insert either "a guarantee", "surety bond", or "letter of credit"] to provide all or part of such financial assurance for the underground storage tanks identified herein and is required to establish a standby trust fund able to accept payments from the instrument (this paragraph is only applicable to the standby trust agreement.)];

Whereas, the Grantor, acting through its duly authorized officers, has selected the

Trustee to be the trustee under this agreement, and the Trustee is willing to act as trustee;

Now, therefore, the Grantor and the Trustee agree as follows:

Section 1. Definitions.

As used in this Agreement:

(A) the term "Grantor" means the owner or operator who enters into this Agreement and any successor or assigns of the Grantor.

(B) the term "Trustee" means the Trustee who enters into this Agreement and any successor trustee.

Section 2. Identification of the Financial Assurance Mechanism.

This Agreement pertains to the [identify the financial assurance mechanism, either a guarantee, surety bond, or letter of credit, from which the standby trust fund is established to receive payments (this paragraph is only applicable to the standby trust agreement.)].

Section 3. Establishment of Fund.

[The following paragraph is only applicable to the standby trust fund.]

The Grantor and Trustee hereby establish a standby trust fund, the "Fund", for the benefit of the Ohio Fire Marshal. The Grantor and the Trustee intend that no third party have access to the Fund except as herein provided. The Fund is established initially as a standby to receive payments and shall not consist of any property.

Payments made by the provider of financial assurance pursuant to the Ohio Fire Marshal's instruction are transferred to the Trustee and are referred to as the Fund, together with all earnings and profits thereon, less any payments or distributions made by the Trustee pursuant to this Agreement. The Fund shall be held by the Trustee, in trust, as hereinafter provided. The Trustee shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the provider of financial assurance, any payments necessary to discharge any liability of the Grantor established by the Ohio Fire Marshal. [The following paragraph is only applicable to the trust fund.]

The Grantor and Trustee hereby establish a trust fund, the "Fund", for the benefit of the Ohio Fire Marshal. The Fund shall at all times have a minimum value of [insert: applicable dollar amount from paragraphs (H)(1) to (H)(1)(b) of rule 1301:7-9-05 of the Ohio Administrative Code.] The Grantor and the Trustee intend that no third party have access to the Fund except as herein provided. The Fund shall be held by the Trustee, in trust, as hereinafter provided. The Trustee shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the Grantor, any payments necessary to discharge any liability of the Grantor established by the Ohio Fire Marshal.

Section 4. Payment for Corrective Action and Third-party Liability Claims.

The Trustee shall make payments from the Fund as the Ohio Fire Marshal shall direct, in writing, to provide for the payment of the costs of taking corrective action and compensating third parties for bodily injury and property damage caused by accidental releases from the tanks covered by the financial assurance mechanism identified in this Agreement.

The Fund may not be drawn upon to cover any of the following:

(A) Any obligation of [insert owner or operator] under a worker's compensation, disability benefits, or unemployment compensation law or other similar law;

(B) Bodily injury to an employee of [insert owner or operator] arising from, and in the course of employment by [insert owner or operator];

(C) Bodily injury or property damage arising from the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle, or watercraft;

(D) Property damage to any property owned, rented, loaned to, in the care, custody, or control of, or occupied by [insert owner or operator] that is not the direct result of a release from a petroleum underground storage tank; or

(E) Bodily injury or property damage for which [insert owner or operator] is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than a contract or agreement entered into to meet the requirements of paragraphs (H) to (H)(2) of rule 1301:7-9-05 of the Ohio Administrative Code.

The Trustee shall reimburse the Grantor, or other persons as specified by the Ohio Fire Marshal, from the Fund for corrective action expenditures and third-party liability claims in such amounts as the Ohio Fire Marshal shall direct in writing. In addition, the Trustee shall refund to the Grantor such amounts as the Ohio Fire Marshal specifies in writing. Upon refund, such funds shall no longer constitute part of the Fund as defined herein.

Section 5. Payments Comprising the Fund.

Payments made to the Trustee for the Fund shall consist of cash and securities acceptable to the Trustee.

Section 6. Trustee Management.

The Trustee shall invest and reinvest the principal and income of the Fund and keep the Fund invested as a single fund, without distinction between principal and income, in accordance with general investment policies and guidelines which the Grantor may communicate in writing to the Trustee from time to time, subject, however, to the provisions of this Section. In investing, reinvesting, exchanging, selling, and managing the Fund, the Trustee shall discharge his duties with respect to the trust fund solely in the interest of the beneficiaries and with the care, skill, prudence, and diligence under the circumstances then prevailing which persons of prudence, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of a like character and with like aims; except that:

(I) Securities or other obligations of the Grantor, or any other owner or operator of the tanks, or any of their affiliates as defined in the Investment Company Act of 1940, as amended, 15 U.S.C. 80a - 2(a) , shall not be acquired or held, unless they are securities or other obligations of the federal or a state government;

(II) The Trustee is authorized to invest the Fund in time or demand deposits of the Trustee, to the extent insured by an agency of the federal or state government; and

(III) The Trustee is authorized to hold cash awaiting investment or distribution uninvested for a reasonable time and without liability for the payment of interest thereon.

Section 7. Commingling and Investment.

The Trustee is expressly authorized in its discretion:

(A) To transfer from time to time any or all of the assets of the Fund to any common, commingled, or collective trust fund created by the Trustee in which the Fund is eligible to participate, subject to all of the provisions thereof, to be commingled with the assets of other trusts participating therein; and

(B) To purchase shares in any investment company registered under the Investment Company Act of 1940, 15 U.S.C. 80a-1 et seq., including one which may be created, managed, underwritten, or to which investment advice is rendered or the shares of which are sold by the Trustee. The Trustee may vote such shares in its discretion.

Section 8. Express Powers of Trustee.

Without in any way limiting the powers and discretions conferred upon the Trustee by other provisions of this Agreement or by law, the Trustee is expressly authorized and empowered:

(A) To sell, exchange, convey, transfer, or otherwise dispose of any property held by it, by public or private sale. No person dealing with the Trustee shall be bound to see to the application of the purchase money or to inquire into the validity or expediency of any such sale or other disposition;

(B) To make, execute, acknowledge, and deliver any and all documents of transfer and conveyance and any and all other instruments that may be necessary or appropriate to carry out the powers herein granted;

(C) To register any securities held in the Fund in its own name or in the name of a nominee and to hold any security in bearer form or in book entry, or to combine certificates representing such securities with certificates of the same issue held by the Trustee in other fiduciary capacities, or to deposit or arrange for the deposit of such securities in a qualified central depository even though, when so deposited, such securities may be merged and held in bulk in the name of the nominee of such depository with other securities deposited therein by another person, or to deposit or arrange for the deposit of any securities issued by the United States Government, or any agency or instrumentality thereof, with a Federal Reserve bank, but the books and records of the Trustee shall at all times show that all such securities are part of the Fund;

(D) To deposit any cash in the Fund in interest-bearing accounts maintained or savings certificates issued by the Trustee, in its separate corporate capacity, or in any other banking institution affiliated with the Trustee, to the extent insured by an agency of the federal or state government;

(E) To compromise or otherwise adjust all claims in favor of or against the Fund; and

(F) To distribute income of the Fund to the Grantor, but only to an extent which assures that the Fund retains a minimum value equal to [insert: applicable dollar amount from paragraphs (H) to (H)(1)(b) of rule 1301:7-9-05 of the Ohio Administrative Code.]

Section 9. Taxes and Expenses.

All taxes of any kind that may be assessed or levied against or in respect of the Fund and all brokerage commissions incurred by the Fund shall be paid from the Fund. All other expenses incurred by the Trustee in connection with the administration of this Trust, including fees for legal services rendered to the Trustee, the compensation of the Trustee to the extent not paid directly by the Grantor, and all other proper charges and disbursements of the Trustee shall be paid from the Fund.

Section 10. Advice of Counsel.

The Trustee may from time to time consult with counsel, who may be counsel to the Grantor, with respect to any questions arising as to the construction of this Agreement or any action to be taken hereunder. The Trustee shall be fully protected, to the extent permitted by law, in acting upon the advice of counsel.

Section 11. Trustee Compensation.

The Trustee shall be entitled to reasonable compensation for its services as set forth in the attached Schedule B and as agreed upon in writing from time to time with the Grantor.

Section 12. Successor Trustee.

The Trustee may resign or the Grantor may replace the Trustee, but such resignation or replacement shall not be effective until the Grantor has appointed a successor trustee and this successor accepts the appointment. The successor trustee shall have the same powers and duties as those conferred upon the Trustee hereunder. Upon the successor trustee's acceptance of the appointment, the Trustee shall assign, transfer, and pay over to the successor trustee the funds and properties then constituting the Fund and shall provide the Grantor and successor trustee with a final accounting of the Fund within thirty days. If for any reason the Grantor cannot or does not act in the event of the resignation of the Trustee, the Trustee may apply to a court of competent jurisdiction for the appointment of a successor trustee or for instructions. The successor trustee shall specify the date on which it assumes administration of the trust in writing sent to the Grantor and the present Trustee by certified mail ten days before such change becomes effective. Any expenses incurred by the Trustee as a result of any of the acts contemplated by this Section shall be paid as provided in Section 9.

Section 13. Instructions to the Trustee.

All orders, requests, and instructions by the Grantor to the Trustee shall be in writing, signed by such persons as are designated in the attached Schedule C or such other designees as the Grantor may designate by amendment to Schedule C.

The Trustee shall be fully protected in acting without inquiry in accordance with the Grantor's orders, requests, and instructions. All orders, requests, and instructions by the Ohio Fire Marshal to the Trustee shall be in writing, signed by the Ohio Fire Marshal, and the Trustee shall act and shall be fully protected in acting in accordance with such orders, requests, and instructions. The Trustee shall have the right to assume, in the absence of written notice to the contrary, that no event constituting a change or a termination of the authority of any person to act on behalf of the Grantor or the Ohio Fire Marshal hereunder has occurred. The Trustee shall have no duty to act in the absence of such orders, requests, and instructions from the Grantor and/or the Ohio Fire Marshal, except as provided for herein.

Section 14. Amendment of Agreement.

This Agreement may be amended by an instrument in writing executed by the Grantor and the Trustee, or by the Trustee and the Ohio Fire Marshal if the Grantor ceases to exist.

Section 15. Irrevocability and Termination.

Subject to the right of the parties to amend this Agreement as provided in Section 14, this Trust shall be irrevocable and shall continue until terminated at the written direction of the Grantor and the Trustee, or by the Trustee and the Ohio Fire Marshal if the Grantor ceases to exist. Upon termination of the trust, all remaining trust property, less final trust administration expenses, shall be delivered to the Grantor.

Section 16. Immunity and Indemnification.

The Trustee shall not incur personal liability of any nature in connection with any act or omission, made in good faith, in the administration of this Trust, or in carrying out any directions by the Grantor or the Ohio Fire Marshal issued in accordance with this Agreement. The Trustee shall be indemnified and saved harmless by the Grantor, from and against any personal liability to which the Trustee may be subjected by reason of any act or conduct in its official capacity, including all expenses reasonably incurred in its defense in the event the Grantor fails to provide such defense.

Section 17. Choice of Law.

This Agreement shall be administered, construed, and enforced according to the laws of the state of [insert name of state], or the Comptroller of the Currency in the case of National Association banks.

Section 18. Interpretation.

As used in this Agreement, words in the singular include the plural and words in the plural include the singular. The descriptive headings for each section of this Agreement shall not affect the interpretation or the legal efficacy of this Agreement.

In Witness whereof the parties have caused this Agreement to be executed by their respective officers duly authorized and their corporate seals (if applicable) to be hereunto affixed and attested as of the date first above written. The parties below certify that the wording of this Agreement is identical to the wording specified in paragraph (R)(2)(a) of rule 1301:7-9-05 of the Ohio Administrative Code as such regulations were constituted on the date written above.

[Signature of Grantor].

[Name of the Grantor].

[Title].

Attest:

[Signature of Trustee].

[Name of the Trustee].

[Title].

[Seal].

[Signature of Witness].

[Name of the Witness].

[Title].

[Seal]."

(b) The standby trust agreement or trust agreement shall be accompanied by a formal certification of acknowledgement worded as follows:

"State of [insert: name of state] _______________

State of [insert: name of county] ______________

On this [date], before me personally came [owner or operator] to me known, who, being by me duly sworn, did depose and say that she/he resides at [address], that she/he is [title] of [corporation], the corporation described in and which executed the above instrument; that she/he knows the seal of said corporation; that the seal affixed to such instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation; and that she/he signed her/his name thereto by like order.

[Signature of Notary Public]

[Printed Name of Notary Public]"

(3) The fire marshal may instruct the Trustee to refund the balance of the standby trust fund or trust fund to the provider of financial assurance if the fire marshal determines that no additional corrective action costs or third-party liability claims will occur as a result of a release covered by the financial assurance mechanism for which the standby trust fund or trust fund was established.

(4) An owner or operator may establish one trust fund as the depository mechanism for all funds assured in compliance with this rule.

(5) The owner or operator shall maintain an original of the standby trust agreement and certification worded as specified in paragraphs (R)(2)(a) and (R)(2)(b) of this rule.

(S) State or political subdivision bond rating test.

(1) Only the state or a political subdivision owner or operator may use the state or political subdivision bond rating test established in paragraphs (S)(1) to (S)(8) of this rule to satisfy the requirements of paragraphs (H) to (H)(2) of this rule.

(2) The state or a general purpose political subdivision owner or operator, or the state or a political subdivision serving as a guarantor may satisfy the requirements of paragraphs (H) to (H)(2) of this rule by having a currently outstanding issue or issues of general obligation bonds of one million dollars or more, excluding refunded obligations, with a Moody's rating of Aaa, Aa, A or Baa, or a Standard & Poor's rating of AAA, AA, A, or BBB. Where the state or political subdivision has multiple outstanding issues, or where the state or political subdivision's bonds are rated by both Moody's and Standard & Poor's, the lowest rating shall be used to determine eligibility. Bonds that are backed by credit enhancement other than municipal bond insurance shall not be considered in determining the amount of applicable bonds outstanding.

(3) A political subdivision owner or operator, or political subdivision serving as a guarantor that is not a general purpose political subdivision and does not have the legal authority to issue general obligation bonds may satisfy the requirements of paragraphs (H) to (H)(2) of this rule by having a currently outstanding issue or issues of revenue bonds of one million dollars or more, excluding refunded issues, and by also having a Moody's rating of Aaa, Aa, A, or Baa, or a Standard & Poor's rating of AAA, AA, A, or BBB as the lowest rating for any rated revenue bond issued by the political subdivision. Where bonds are rated by both Moody's and Standard & Poor's, the lower rating for each bond shall be used to determine eligibility. Bonds that are backed by credit enhancement shall not be considered in determining the amount of applicable bonds outstanding.

(4) The state or a political subdivision owner or operator, or the state or a political subdivision serving as a guarantor shall maintain a copy of its bond rating published within the last twelve months by Moody's or Standard & Poor's.

(5) To demonstrate that it meets the state or political subdivision bond rating test set forth in paragraphs (S)(1) to (S)(8) of this rule, the chief financial officer of the state or a general purpose political subdivision owner or operator, or the chief financial officer of the state or a political subdivision service as a guarantor shall sign a letter worded exactly as follows, except that the instructions in square brackets are to be replaced by the relevant information and the square brackets deleted:

"Letter from Chief Financial Officer

I am the chief financial officer of [insert: name and address of the state or political subdivision owner or operator, or the state or a political subdivision serving as a guarantor]. This letter is in support of the bond rating test to demonstrate financial responsibility for taking corrective action and compensating third parties for bodily injury and property damage caused by accidental releases in the amount of at least

[insert: applicable dollar amount from paragraphs (H)(1) to (H)(1)(b) of rule 1301:7-9-05 of the Ohio Administrative Code in words] dollars per occurrence and [insert: applicable dollar amount from paragraph (J)(1) of rule 1301:7-9-05 of the Ohio Administrative Code in words] dollars annual aggregate arising from operating (an) underground storage tank(s).

Underground storage tanks at the following facilities are assured by this bond rating test: [List for each facility: The name and address of the facility where tanks are assured by the bond rating test].

The details of the issue date, maturity, outstanding amount, bond rating, and bond rating agency of all outstanding bond issues that are being used by [insert: name of state or political subdivision owner or operator, or the state or a political subdivision serving as a guarantor] to demonstrate financial responsibility are as follows: [complete table] --

Issue Date Maturity Date Outstanding Amount Bond Rating Rating Agency [Moody's or Standard & Poor's]

The total outstanding obligation of [insert: the total of the Outstanding Amount column in words] dollars, excluding refunded bond issues, exceeds the minimum amount of one million dollars. All outstanding general obligation bonds issued by this government that have been rated by Moody's or Standard & Poor's are rated as at least investment grade (Moody's Baa or Standard & Poor's BBB) based on the most recent ratings published within the last twelve months. Neither rating service has provided notification within the last twelve months of downgrading of bond ratings below investment grade or of withdrawal of bond rating other than for repayment of outstanding bond issues.

I hereby certify that the wording of this letter is identical to the wording specified in paragraph (S)(5) of rule 1301:7-9-05 of the Ohio Administrative Code as such regulations were constituted on the date shown immediately below.

[Insert: Date]

[Signature of the Chief Financial Officer]

[Insert: The Printed Name of the Chief Financial Officer]

[Insert: Official Title of the Chief Financial Officer]"

(6) To demonstrate that it meets the state or political subdivision bond rating test set forth in paragraphs (S)(1) to (S)(8) of this rule, the chief financial officer of a political subdivision owner or operator, or a political subdivision serving as a guarantor other than a general purpose political subdivision shall sign a letter worded exactly as follows, except that the instructions in square brackets are to be replaced by the relevant information and the square brackets deleted:

"Letter from chief financial officer

I am the chief financial officer of [insert: name and address of the political subdivision owner or operator, or the political subdivision serving as a guarantor]. This letter is in support of the use of the bond rating test to demonstrate financial responsibility for taking corrective action and compensating third parties for bodily injury and property damage caused by accidental releases in the amount of at least [insert: applicable dollar amount from paragraphs (H)(1) to (H)(1)(b) of rule 1301:7-9-05 of the Ohio Administrative Code in words] dollars per occurrence and [insert: applicable dollar amount from paragraph (J)(1) of rule 1301:7-9-05 of the Ohio Administrative Code in words] dollars annual aggregate arising from operating (an) underground storage tank(s). This political subdivision is not organized to provide general governmental services and does not have the legal authority under Ohio law or the Ohio constitution to issue general obligation debt.

Underground storage tanks at the following facilities are assured by this bond rating test: [List for each facility: the name and address of the facility where tanks are assured by the bond rating test].

The details of the issue date, maturity, outstanding amount, bond rating, and bond rating agency of all outstanding revenue bond issues that are being used by [insert: name of political subdivision owner or operator, or the political subdivision serving as a guarantor] to demonstrate financial responsibility are as follows: [complete table] --

Issue Date Maturity Date Outstanding Amount Bond Rating Rating Agency [Moody's or Standard & Poor's]

The total outstanding obligation of [insert: the total of the Outstanding Amount column in words] dollars, excluding refunded bond issues, exceeds the minimum amount of one million dollars. All outstanding revenue bonds issued by this government that have been rated by Moody's or Standard & Poor's are rated as at least investment grade (Moody's Baa or Standard & Poor's BBB) based on the most recent ratings published within the last twelve months. The revenue bonds listed are not backed by third-party credit enhancement or are insured by a municipal bond insurance company. Neither rating service has provided notification within the last twelve months of downgrading of bond ratings below investment grade or of withdrawal of bond rating other than for repayment of outstanding bond issues.

I hereby certify that the wording of this letter is identical to the wording specified in paragraph (S)(6) of rule 1301:7-9-05 of the Ohio Administrative Code as such regulations were constituted on the date shown immediately below.

[Insert: Date]

[Signature of the Chief Financial Officer]

[Insert: The Printed Name of the Chief Financial Officer]

[Insert: Official Title of the Chief Financial Officer]"

(7) The fire marshal by require reports of financial condition at any time from the state or a political subdivision owner or operator, or the state or a political subdivision serving as a guarantor. If the fire marshal determines, on the basis of such reports or other information, that the state of a political subdivision owner or operator, or the state or a political subdivision serving as a guarantor, no longer meets the state or political subdivision bond rating test requirements of paragraphs (S)(1) to (S)(8) of this rule, the state or a political subdivision owner or operator shall obtain alternative coverage within thirty days after notification of such finding.

(8) If the state or a political subdivision owner or operator using this bond rating test to provide financial assurance finds that it no longer meets the state or political subdivision bond rating test requirements, the state or a political subdivision owner or operator shall obtain alternative coverage within one hundred fifty days of the change in status.

(T) State or political subdivision financial test.

(1) The state or a political subdivision owner or operator may satisfy the requirements of paragraphs (H) to (H)(2) of this rule by passing the state or political subdivision financial test specified in paragraphs (T)(1) to (T)(6) of this rule. To be eligible to use the state or political subdivision financial test, the state or a political subdivision owner or operator shall have the ability and authority to asses and levy taxes or to freely establish fees and charges. To pass the state or political subdivision financial test, the state or political subdivision owner or operator shall meet the criteria established in paragraphs (T)(2)(b) to (T)(2)(c) of this rule based on year-end financial statements for the latest completed fiscal year.

(2)

(a) The state or a political subdivision owner or operator shall have the following information available, as shown in the year-end financial statement for the latest completed fiscal year:

(i) Total revenues: consists of the sum of general fund operating and non-operating revenues including net state or local taxes (as applicable), licenses and permits, fines and forfeitures, revenues from use of money and property, charges for services, investment earnings, sales (property, publications, etc.), intergovernmental revenues (restricted and unrestricted), and total revenues from all other governmental funds including enterprises, debt service, capital projects, and special revenues, but excluding revenues to funds held in a trust or agency capacity. For purposes of this state or political subdivision financial test, the calculation of total revenues shall exclude all transfers between funds under the direct control of the state or political subdivision using the state or political subdivision financial test (interfund transfers), liquidation of investments, and issuance of debt.

(ii) Total expenditures: consists of the sum of general fund operating and nonoperating expenditures including public safety, public utilities, transportation, public works, environmental protection, cultural and recreational, community development, revenue sharing, employee benefits and compensation, office management, planning and zoning, capital projects, interest payments on debt, payments for retirement of debt principal, and total expenditures from all other governmental funds including enterprise, debt service, capital projects, and special revenues. For purposes of this state or political subdivision financial test, the calculation of total expenditures shall exclude all transfers between funds under the direct control of the state or political subdivision using this state or political subdivision financial test (interfund transfers).

(iii) Local revenues: consists of total revenues (as defined in paragraph (T)(2)(a)(i) of this rule) minus the sum of all transfers from other governmental entities, including all monies received from federal, state, or local government sources.

(iv) Debt service: consists of the sum of all interest and principal payments on all long-term credit obligations and all interest-bearing short-term credit obligations. Includes interest and principal payments on general obligation bonds, revenue bonds, notes, mortgages, judgments, and interest bearing warrants. Excludes payments on non-interest bearing short-term obligations, interfund obligations, amounts owed in a trust or agency capacity, and advances and contingent loans from other governments.

(v) Total funds: consists of the sum of cash and investment securities from all funds, including general, enterprise, debt service, capital projects, and special revenue funds, but excluding employee retirement funds, at the end of the state's or political subdivision's financial reporting year. Includes federal securities, federal agency securities, state and political subdivision securities, and other securities such as bonds, notes and mortgages. For the purpose of this state or political subdivision financial test, the calculation of total funds shall exclude agency funds, private funds, private trust funds, accounts receivable, value of real property, and other non-security assets.

(vi) Population: consists of the number of people in the area served by the state or political subdivision.

(b) The state's or political subdivision's year-end financial statements, if independently audited, cannot include an adverse auditor's opinion or a disclaimer of opinion.

The state or political subdivision cannot have outstanding issues of general obligation or revenue bonds that are rated as less than investment grade.

(c) The state or political subdivision owner or operator shall have a letter signed by the chief financial officer worded as specified in paragraph (T)(3) of this rule.

(3) To demonstrate that it meets the state or political subdivision financial test contained in paragraphs (T)(1) to (T)(6) of this rule, the chief financial officer of the state or political subdivision owner or operator, shall sign, within one hundred twenty days of the close of each financial reporting year, as defined by the twelve-month period for which financial statements used to support this state or political subdivision financial test are prepared, a letter worded exactly as follows, except that the instructions in the square brackets are to be replaced by the relevant information and the square brackets deleted:

"Letter From Chief Financial Officer.

I am the chief financial officer of [insert: name and address of the state or political subdivision owner or operator]. This letter is in support of the use of the state or political subdivision financial test to demonstrate financial responsibility for taking corrective action and compensating third parties for bodily injury and property damage caused by accidental releases in the amount of at least [insert: applicable dollar amount from paragraphs (H)(1) to (H)(1)(b) of rule 1301:7-9-05 of the Ohio Administrative Code in words] dollars per occurrence and [insert: applicable dollar amount from paragraph (J)(1) of rule 1301:7-9-05 of the Ohio Administrative Code in words] dollars annual aggregate arising from operating (an) underground storage tank(s).

Underground storage tanks at the following facilities are assured by this financial test:

[List for each facility: The name and address of the facility where tanks assured by this state of political subdivision financial test are located. If separate mechanisms or combinations of mechanisms are being used to assure any of the tanks at this facility, list each tank assured by this state or political subdivision financial test by the tank identification number required in the annual registration application required by paragraphs (B) to (B)(3) of rule 1301:7-9-04 of the Ohio Administrative Code].

This owner or operator has not received in adverse opinion, or a disclaimer of opinion from an independent auditor on its financial statements for the latest completed fiscal year. Any outstanding issues of general obligation or revenue bonds, if rated, have a Moody's rating of Aaa, Aa, A or Baa or a Standard & Poor's rating of AAA, AA, A or BBB; if rated by both firms, the bonds have a Moody's rating of Aaa, Aa, A or Baa and a Standard & Poor's rating of AAA, AA, A or BBB.

Worksheet for State or Political Subdivision Financial Test.

Part I: Basic Information

1. Total Revenues

a. Revenues (dollars) _______________

Value of revenues excludes liquidation of investments and issuance of debt. Value includes all general fund operating and non-operating revenues, as well as all revenues from all other governmental funds, including enterprise, debt service, capital projects, and special revenues, but excluding revenues to funds held in a trust or agency capacity.

b. Subtract interfund transfers (dollars) _______________

c. Total revenues (dollars) _______________

2. Total Expenditures

a. Expenditures (dollars) _______________

Value consists of the sum of general operating and nonoperating expenditures including interest payments on debt, payments for retirement of debt principal, and total expenditures from all other governmental funds including enterprise, debt service, capital projects, and special revenues.

b. Subtract interfund transfers (dollars) _______________

c. Total expenditures (dollars) _______________

3. Local Revenues

a. Total Revenues (from 1) (dollars) _______________

b. Subtract total intergovernmental transfers (dollars)_______________

c. Local Revenues (dollars) _______________

4. Debt Service

a. Interest and fiscal charges (dollars) _______________

b. Add debt retirement (dollars) _______________

c. Total Debt Service (dollars) _______________

5. Total Funds (dollars) _______________

(Sum of amounts held as cash and investment securities from all funds, excluding amounts held for employee retirement funds, agency funds, and trust funds)

6. Population (Persons) _______________

Part II: Application of Test

7. Total Revenues to Population

a. Total Revenues (from 1c) _______________

b. Population (from 6) _______________

c. Divide 7a by 7b _______________

d. Subtract 417 _______________

e. Divide by 5,212 _______________

f. Multiply by 4.095 _______________

8. Total Expenses to Population

a. Total Expenses (from 2c) _______________

b. Population (from 6) _______________

c. Divide 8a by 8b _______________

d. Subtract 524 _______________

e. Divide by 5,401 _______________

f. Multiply by 4.095 _______________

9. Local Revenues to Total Revenues

a. Local Revenues (from 3c) _______________

b. Total Revenues (from 1c) _______________

c. Divide 9a by 9b _______________

d. Subtract .695 _______________

e. Divide by .205 _______________

f. Multiply by 2.840 _______________

10. Debt Service to Population

a. Debt Service (from 4d) _______________

b. Population (from 6) _______________

c. Divide 10a by 10b _______________

d. Subtract 51 _______________

e. Divide by 1,038 _______________

f. Multiply by - 1.866 _______________

11. Debt Service to Total Revenues

a. Debt Service (from 4d) _______________

b. Total Revenues from (1c) _______________

c. Divide 11a by 11b _______________

d. Subtract .068 _______________

e. Divide by .259 _______________

f. Multiply by - 3.533 _______________

12. Total Revenues to Total Expenses

a. Total Revenues (from 1c) _______________

b. Total Expenses (from 2c) _______________

c. Divide 12a by 12b _______________

d. Subtract .910 ________________

e. Divide by .899 _______________

f. Multiply by 3.458 _______________

13. Funds Balance to total revenues

a. Total Funds (from 5) _______________

b. Total Revenues (from 1c) _______________

c. Divide 13a by 13b _______________

d. Subtract .891 _______________

e. Divide by 9.156 _______________

f. Multiply by 3.270 _______________

14. Funds Balance of Total Expenses

a. Total Funds (from 5) _______________

b. Total Expenses (from 2c) _______________

c. Divide 14a by 14b _______________

d. Subtract .866 _______________

e. Divide by 6.409 _______________

f. Multiply by 3.270 _______________

15. Total Funds to Population

a. Total Funds (from 5) _______________

b. Population (from 6) _______________

c. Divide 15a by 15b _______________

d. Subtract 270 _______________

e. Divide by 4,548 _______________

f. Multiply by 1.866 _______________

16. Add 7f + 8f + 9f + 10f + 11f + 12f + 13f + 14f + 15f + 4.937 _______________

I hereby certify that the financial index shown on line 16 of the worksheet is greater than zero and that the wording of this letter is identical to the wording specified in paragraph (T)(3) of rule 1301:7-9-05 of the Ohio Administrative Code as such regulations were constituted on the date shown immediately below.

[Date]

[Signature of Chief Financial Officer]

[Printed Name of Chief Financial Officer]

[Official Title of Chief Financial Officer]"

(4) If the state or a political subdivision owner or operator using this state or political subdivision financial test to provide financial assurance finds that it no longer meets the requirements of the state or political subdivision financial test based on the year-end financial statements, the state or political subdivision owner or operator shall obtain alternative coverage within one hundred fifty days of the end of the year for which financial statements have been prepared.

(5) The fire marshal may require reports of financial condition at any time from the state or political subdivision owner or operator. If the fire marshal determines, on the basis of such reports or other information, that the state of a political subdivision owner or operator no longer meets the state or political subdivision financial test requirements of paragraphs (T)(1) to (T)(6) of this rule, the state or political subdivision owner or operator shall obtain alternative coverage within thirty days after notification of such finding.

(6) If the state or political subdivision owner or operator fails to obtain alternate assurance within one hundred fifty days of finding that it no longer meets the requirements of the state or political subdivision financial test based on the year-end financial statements or within thirty days of notification by the fire marshal that it no longer meets the requirements of this state or political subdivision financial test, the state or political subdivision owner or operator shall notify the fire marshal of such failure within ten days.

(U) Political subdivision guarantee.

(1) The political subdivision owner or operator may satisfy the requirements of paragraphs (H) to (H)(2) of this rule by obtaining a guarantee that conforms to the requirements of paragraphs (U)(1) to (U)(5) of this rule. The guarantor must be either the state in which the political subdivision owner or operator is located or a political subdivision having a substantial governmental relationship with the political subdivision owner or operator and issuing the guarantee as an act incident to that relationship. A political subdivision acting as the guarantor must:

(a) Demonstrate that it meets the state or political subdivision bond rating tests requirements of paragraphs (S)(1) to (S)(8) of this rule and deliver a copy of the applicable chief financial officer's letter as contained in paragraphs (S)(5) or (S)(6) of this rule to the political subdivision owner or operator; or

(b) Demonstrate that it meets the state or political subdivision financial test requirements of paragraphs N (T)(1) to (T)(6) of this rule and deliver a copy of the chief financial officer's letter as contained in paragraph (T)(3) of this rule to the political subdivision owner or operator; or

(c) Demonstrate that it meets the state or political subdivision fund requirements of paragraphs (V)(1) to (V)(1)(d) of this rule and deliver a copy of the chief financial officer's letter as contained in paragraph (V)(1)(d) of this rule to the political subdivision owner or operator.

(2) If the political subdivision guarantor is unable to demonstrate financial assurance under paragraphs (S)(1) to (S)(8), (T)(1) to (T)(6), or (V)(1) to (V)(1)(d) of this rule, at the end of the financial reporting year, the political subdivision guarantor shall send by certified mail, before cancellation or non-renewal of the guarantee, notice to the political subdivision owner or operator. The guarantee will terminate no less than one hundred twenty days after the date the political subdivision owner or operator receives the notification, as evidenced by the return receipt. The political subdivision owner or operator shall obtain alternative coverage as specified in paragraph (CC)(3) of this rule.

(3) The guarantee agreement shall be worded as specified in paragraphs (U)(4)(a) to (U)(4)(b) or (U)(5)(a) to (U)(5)(b) of this rule, depending on which of the following alternative guarantee agreements is selected:

(a) If, in the default or incapacity of the political subdivision owner or operator, the guarantor guarantees to fund a standby trust as directed by the fire marshal, the guarantee shall be worded as specified in paragraphs (U)(4)(a) or (U)(4)(b) of this rule; or

(b) If, in the default or incapacity of the political subdivision owner or operator, the guarantor guarantees to make payments as directed by the fire marshal for taking corrective action or compensating third parties for bodily injury and property damage, the guarantee shall be worded as specified in paragraphs (U)(5)(a) or (U)(5)(b) of this rule.

(4)

(a) If the guarantor is the state, the political subdivision guarantee with standby trust shall be worded exactly follows, except that the instructions in the square brackets are to be replaced with the relevant information and the square brackets deleted: "Political Subdivision Guarantee With Standby Trust Made By The State.

Guarantee made this [insert: date] by the State of Ohio, herein referred to as Guarantor, to the Ohio Fire Marshal and to any and all third parties, and obliges, on behalf of [insert: name of the political subdivision owner or operator].

Recitals

(1) Guarantor is the State of Ohio

(2) [Insert: Name of political subdivision owner or operator] owns or operates the following underground storage tank(s) covered by this guarantee: [List the number of tanks at each facility and the name(s) and address(es) of the facility(ies) where the tanks are located. If more than one instrument is used to assure different tanks at any one facility, for each tank covered by this instrument, list the tank identification number required in the annual registration application required by paragraphs (B) to (B)(3) of rule 1301:7-9-04 of the Ohio Administrative Code, and the name and address of the facility.] This guarantee satisfies the requirements of rule 1301:7-9-05 of the Ohio Administrative Code for taking corrective action and compensating third parties for bodily injury and property damage caused by accidental releases in the amount of at least[insert: applicable dollar amount from paragraphs (H)(1) to (H)(1)(b) of rule 1301:7-9-05 of the Ohio Administrative Code in words] dollars per occurrence and [insert: applicable dollar amount from paragraph (J)(1) of rule 1301:7-9-05 of the Ohio Administrative Code in words] dollars annual aggregate arising from operating the above-identified underground storage tank(s).

(3) Guarantor guarantees to the Ohio Fire Marshal and to any and all third parties that:

In the event that [insert: name of political subdivision owner or operator] fails to provide alternative coverage within sixty days after receipt of a notice of cancellation of this guarantee and the Ohio Fire Marshal has determined or suspects that a release has occurred at an underground storage tank covered by this guarantee, the Guarantor, upon instructions from the Ohio Fire Marshal shall fund a standby trust in accordance with the provisions of paragraphs (AA)(1) to (AA)(3) of rule 1301:7-9-05 of the Ohio Administrative Code, in an amount not to exceed the coverage limits specified above.

In the event that the Ohio Fire Marshal determines that [insert: name of the political subdivision owner or operator] has failed to perform corrective action for releases arising out of the operation of the above -identified tank(s) in accordance with the requirements of paragraphs (A) to (O)(2) of rule 1301:7-9-13 of the Ohio Administrative Code, the Guarantor upon written instructions from the Ohio Fire Marshal shall fund a standby trust fund in accordance with the provisions of paragraphs(AA)(1) to (AA)(3) of rule 1301:7-9-05 of the Ohio Administrative Code, in an amount not to exceed the coverage limits specified above.

If [insert: name of the political subdivision owner or operator] fails to satisfy a judgement or award based on a determination of liability for bodily injury or property damage to third parties caused by accidental releases arising from the operation of the above-identified tank(s), or fails to pay an amount agreed to in settlement of a claim arising from or alleged to arise from such injury or damage, the Guarantor, upon written instructions from the Ohio Fire Marshal, shall fund a standby trust in accordance with the provisions of paragraphs (AA)(1) to (AA)(3) of rule 1301:7-9-05 of the Ohio Administrative Code to satisfy such judgement(s), award(s), or settlement agreement(s) up to the limits of coverage specified above.

(4) Guarantor agrees to notify [insert: name of the political subdivision owner or operator] by certified mail of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code naming Guarantor as debtor, within ten days after commencement of the proceeding.

(5) Guarantor agrees to remain bound under this guarantee notwithstanding any modification or alteration of any obligation of [insert: name of the political subdivision owner or operator] pursuant to Chapter 1301:7-9 of the Ohio Administrative Code.

(6) Guarantor agrees to remain bound under this guarantee for so long as [insert: name of the political subdivision owner or operator] must comply with the applicable financial responsibility requirements of rule 1301:7-9-05 of the Ohio Administrative Code for the above-identified tank(s), except that Guarantor may cancel this guarantee by sending notice by certified mail to[insert: name of the political subdivision owner or operator], such cancellation to become effective no earlier than one hundred twenty days after receipt of such notice by [insert: name of the political subdivision owner or operator], as evidenced by the return receipt.

(7) The Guarantor's obligation does not apply to any of the following:

(a) Any obligation of [insert: name of the political subdivision owner or operator] under a workers' compensation, disability benefits, or unemployment compensation law or other similar law;

(b) Bodily injury to an employee of [insert: name of the political subdivision owner or operator] arising from, and in the course of, employment by [insert: name of the political subdivision owner or operator];

(c) Bodily injury or property damage arising from the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle, or watercraft;

(d) Property damage to any property owned, rented, loaned to, in the care, custody, or control of, or occupied by [insert: name of the political subdivision owner or operator] that is not the direct result of a release from a petroleum underground storage tank;

(e) Bodily damage or property damage for which [insert: name of the political subdivision owner or operator] is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than a contract or agreement entered into to meet the requirements of paragraphs (H) to (H)(2) of rule 1301:7-9-05 of the Ohio Administrative Code.

(8) Guarantor expressly waives notice of acceptance of this guarantee by the Ohio Fire Marshal, by any or all third parties, or by [insert: name of the political subdivision owner or operator].

I hereby certify that the wording of this guarantee is identical to the wording specified in paragraph (U)(4)(a) of rule 1301:7-9-05 of the Ohio Administrative Code as such regulations were constituted on the effective date shown immediately below.

Effective date:_______________

State of Ohio.

[Authorized signature for Guarantor].

[Printed Name of Person Signing for the Guarantor].

[Official Title of Person Signing for the Guarantor].

Signature of witness or notary: ____________________"

(b) If the guarantor is a political subdivision, the political subdivision guarantee with standby trust must be worded exactly as follows, except that instructions in the square brackets are to be replaced with the relevant information and the square brackets deleted: "Political Subdivision Guarantee With Standby Trust Made By A Political Subdivision.

Guarantee made this [insert: date] by [insert: name of the political subdivision that is the guaranteeing entity], a political subdivision organized under the laws of the State of Ohio, herein referred to as Guarantor, to the Ohio Fire Marshal and to any and all third parties, and obliges, on behalf of [insert: name of the political subdivision owner or operator].

Recitals

(1) Guarantor meets or exceeds [insert: "The state or political subdivision bond rating test requirements of paragraphs (S)(1) to (S)(8) of rule 1301:7-9-05 of the Ohio Administrative Code." Or "the state or political subdivision financial test requirements of paragraphs (T)(1) to (T)(6) of rule 1301:7-9-05 of the Ohio Administrative Code." or "the state or political subdivision fund requirements of paragraphs (V)(1) to (V)(1)(d) of rule 1301:7-9-05 of the Ohio Administrative Code."]

(2) [Insert: Name of the political subdivision owner or operator] owns or operates the following underground storage tank(s) covered by this guarantee: [List the number of tanks at each facility and the name(s) and address(es) of the facility(ies) where the tanks are located. If more than one instrument is used to assure different tanks at any one facility, for each tank covered by this instrument, list the tank identification number required in the annual registration application required by paragraphs (B) to (B)(3) of rule 1301:7-9-04 of the Ohio Administrative Code and the name and address of the facility.] This guarantee satisfies the requirements of rule 1301:7-9-05 of the Ohio Administrative Code for taking corrective action and compensating third parties for bodily injury and property damage caused by accidental releases in the amount of at least[insert: applicable dollar amount from paragraphs (H)(1) to (H)(1)(b) of rule 1301:7-9-05 of the Ohio Administrative Code in words] dollars per occurrence and [insert: applicable dollar amount from paragraph (J)(1) of rule 1301:7-9-05 of the Ohio Administrative Code in words] dollars annual aggregate arising from operating the above-identified underground storage tank(s).

(3) Incidental to our substantial governmental relationship with [insert: name of the political subdivision owner or operator], Guarantor guarantees to the Ohio Fire Marshal and to any and all third parties that:

In the event that [insert: name of political subdivision owner or operator] fails to provide alternative coverage within sixty days after receipt of a notice of cancellation of this guarantee and the Ohio Fire Marshal has determined or suspects that a release has occurred at an underground storage tank covered by this guarantee, the Guarantor, upon instructions from the Ohio Fire Marshal shall fund a standby trust in accordance with the provisions of paragraphs (AA)(1) to (AA)(3) of rule 1301:7-9-05 of the Ohio Administrative Code, in an amount not to exceed the coverage limits specified above.

In the event that the Ohio Fire Marshal determines that [insert: name of the political subdivision owner or operator] has failed to perform corrective action for releases arising out of the operation of the above -identified tank(s) in accordance with the requirements of paragraphs (A) to (O)(2) of rule 1301:7-9-13 of the Ohio Administrative Code, the Guarantor upon written instructions from the Ohio Fire Marshal shall fund a standby trust fund in accordance with the provisions of paragraphs(AA)(1) to (AA)(3) of rule 1301:7-9-05 of the Ohio Administrative Code, in an amount not to exceed the coverage limits specified above.

If [insert: name of the political subdivision owner or operator] fails to satisfy a judgement or award based on a determination of liability for bodily injury or property damage to third parties caused by accidental releases arising from the operation of the above-identified tank(s), or fails to pay an amount agreed to in settlement of a claim arising from or alleged to arise from such injury or damage, the Guarantor, upon written instructions from the Ohio Fire Marshal, shall fund a standby trust in accordance with the provisions of paragraphs (AA)(1) to (AA)(3) of rule 1301:7-9-05 of the Ohio Administrative Code to satisfy such judgement(s), award(s), or settlement agreement(s) up to the limits of coverage specified above.

(4) Guarantor agrees that, if at the end of any fiscal year before cancellation of this guarantee, the Guarantor fails to meet or exceed the requirements of the financial responsibility mechanism specified in paragraph (1), Guarantor shall send within one hundred twenty days of such failure, by certified mail, notice to [insert: name of the political subdivision owner or operator], as evidenced by the return receipt.

(5) Guarantor agrees to notify [insert: name of the political subdivision owner or operator] by certified mail of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code naming Guarantor as debtor, within ten days after commencement of the proceeding.

(6) Guarantor agrees to remain bound under this guarantee notwithstanding any modification or alteration of any obligation of [insert: name of the political subdivision owner or operator] pursuant to Chapter 1301:7-9 of the Ohio Administrative Code.

(7) Guarantor agrees to remain bound under this guarantee for so long as [insert: name of the political subdivision owner or operator] must comply with the applicable financial responsibility requirements of rule 1301:7-9-05 of the Ohio Administrative Code for the above-identified tank(s), except that Guarantor may cancel this guarantee by sending notice by certified mail to[insert: name of the political subdivision owner or operator], such cancellation to become effective no earlier than one hundred twenty days after receipt of such notice by [insert: name of the political subdivision owner or operator], as evidenced by the return receipt.

(8) The Guarantor's obligation does not apply to any of the following:

(a) Any obligation of [insert: name of the political subdivision owner or operator] under a workers' compensation, disability benefits, or unemployment compensation law or other similar law;

(b) Bodily injury to an employee of [insert: name of the political subdivision owner or operator] arising from, and in the course of, employment by [insert: name of the political subdivision owner or operator];

(c) Bodily injury or property damage arising from the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle, or watercraft;

(d) Property damage to any property owned, rented, loaned to, in the care, custody, or control of, or occupied by [insert: name of the political subdivision owner or operator] that is not the direct result of a release from a petroleum underground storage tank;

(e) Bodily damage or property damage for which [insert: name of the political subdivision owner or operator] is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than a contract or agreement entered into to meet the requirements of paragraphs (H) to (H)(2) of rule 1301:7-9-05 of the Ohio Administrative Code.

(9) Guarantor expressly waives notice of acceptance of this guarantee by the Ohio Fire Marshal, by any or all third parties, or by [insert: name of the political subdivision owner or operator].

I hereby certify that the wording of this guarantee is identical to the wording specified in paragraph (U)(4)(b) of rule 1301:7-9-05 of the Ohio Administrative Code as such regulations were constituted on the effective date shown immediately below.

Effective Date:_______________

[Insert: Name of the political subdivision acting as Guarantor].

[Authorized signature for Guarantor].

[Printed Name of Person Signing for the Guarantor].

[Official Title of Person Signing for the Guarantor].

Signature of witness or notary: ____________________"

(5)

(a) If the guarantor is the state, the political subdivision guarantee without standby trust must be worded exactly as follows, except that the instructions in the square brackets are to be replaced with the relevant information and the square brackets deleted: "Political Subdivision Guarantee Without Standby Trust Made By The State.

Guarantee made this [insert: date] by the State of Ohio, herein referred to as Guarantor, to the Ohio Fire Marshal and to pay any and all third parties, and obliges, on behalf of [insert: name of the political subdivision owner or operator].

Recitals

(1) Guarantor is the State of Ohio

(2) [Insert: Name of political subdivision owner or operator] owns or operates the following underground storage tank(s) covered by this guarantee: [List the number of tanks at each facility and the name(s) and address(es) of the facility(ies) where the tanks are located. If more than one instrument is used to assure different tanks at any one facility, for each tank covered by this instrument, list the tank identification number required in the annual registration application required by paragraphs (B) to (B)(3) of rule 1301:7-9-04 of the Ohio Administrative Code, and the name and address of the facility.] This guarantee satisfies the requirements of rule 1301:7-9-05 of the Ohio Administrative Code for taking corrective action and compensating third parties for bodily injury and property damage caused by accidental releases in the amount of at least[insert: applicable dollar amount from paragraphs (H)(1) to (H)(1)(b) of rule 1301:7-9-05 of the Ohio Administrative Code in words] dollars per occurrence and [insert: applicable dollar amount from paragraph (J)(1) of rule 1301:7-9-05 of the Ohio Administrative Code in words] dollars annual aggregate arising from operating the above-identified underground storage tank(s).

(3) Guarantor guarantees to the Ohio Fire Marshal and to any and all third parties that:

In the event that [insert: name of political subdivision owner or operator] fails to provide alternative coverage within sixty days after receipt of a notice of cancellation of this guarantee and the Ohio Fire Marshal has determined or suspects that a release has occurred at an underground storage tank covered by this guarantee, the Guarantor, upon instructions from the Ohio Fire Marshal shall make funds available to pay for corrective actions and compensate third parties for bodily injury and property damage in an amount not to exceed the coverage limits specified above.

In the event that the Ohio Fire Marshal determines that [insert: name of the political subdivision owner or operator] has failed to perform corrective action for releases arising out of the operation of the above -identified tank(s) in accordance with the requirements of paragraphs (A) to (O)(2) of rule 1301:7-9-13 of the Ohio Administrative Code, the Guarantor upon written instructions from the Ohio Fire Marshal shall make funds available to pay for corrective actions in an amount not to exceed the coverage limits specified above.

If [insert: name of the political subdivision owner or operator] fails to satisfy a judgement or award based on a determination of liability for bodily injury or property damage to third parties caused by accidental releases arising from the operation of the above-identified tank(s), or fails to pay an amount agreed to in settlement of a claim arising from or alleged to arise from such injury or damage, the Guarantor, upon written instructions from the Ohio Fire Marshal, shall make funds available to compensate third parties for bodily injury and property damage in an amount not to exceed the coverage limits specified above.

(4) Guarantor agrees to notify [insert: name of the political subdivision owner or operator] by certified mail of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code naming Guarantor as debtor, within ten days after commencement of the proceeding.

(5) Guarantor agrees to remain bound under this guarantee notwithstanding any modification or alteration of any obligation of [insert: name of the political subdivision owner or operator] pursuant to Chapter 1301:7-9 of the Ohio Administrative Code.

(6) Guarantor agrees to remain bound under this guarantee for so long as [insert: name of the political subdivision owner or operator] must comply with the applicable financial responsibility requirements of rule 1301:7-9-05 of the Ohio Administrative Code for the above-identified tank(s), except that Guarantor may cancel this guarantee by sending notice by certified mail to[insert: name of the political subdivision owner or operator], such cancellation to become effective no earlier than one hundred twenty days after receipt of such notice by [insert: name of the political subdivision owner or operator], as evidenced by the return receipt.

If notified of a probable release, the Guarantor agrees to remain bound to the terms of this guarantee for all charges arising from the release, up to the coverage limits specified above, notwithstanding the cancellation of the guarantee with respect to future releases.

(7) The Guarantor's obligation does not apply to any of the following:

(a) Any obligation of [insert: name of the political subdivision owner or operator] under a workers' compensation, disability benefits, or unemployment compensation law or other similar law;

(b) Bodily injury to an employee of [insert: name of the political subdivision owner or operator] arising from, and in the course of, employment by [insert: name of the political subdivision owner or operator];

(c) Bodily injury or property damage arising from the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle, or watercraft;

(d) Property damage to any property owned, rented, loaned to, in the care, custody, or control of, or occupied by [insert: name of the political subdivision owner or operator] that is not the direct result of a release from a petroleum underground storage tank;

(e) Bodily damage or property damage for which [insert: name of the political subdivision owner or operator] is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than a contract or agreement entered into to meet the requirements of paragraphs (H) to (H)(2) of rule 1301:7-9-05 of the Ohio Administrative Code.

(8) Guarantor expressly waives notice of acceptance of this guarantee by the Ohio Fire Marshal, by any or all third parties, or by [insert: name of the political subdivision owner or operator].

I hereby certify that the wording of this guarantee is identical to the wording specified in paragraph (U)(5)(a) of rule 1301:7-9-05 of the Ohio Administrative Code as such regulations were constituted on the effective date shown immediately below.

Effective Date:_______________

State of Ohio.

[Authorized signature for Guarantor].

[Printed Name of Person Signing for the Guarantor].

[Official Title of Person Signing for the Guarantor].

Signature of witness or notary: ____________________"

(b) If the guarantor is a political subdivision, the political subdivision guarantee without standby trust must be worded exactly as follows, except that instructions in the square brackets are to be replaced with the relevant information and the square brackets deleted: "Political Subdivision Guarantee Without Standby Trust Made By A Political Subdivision.

Guarantee made this [insert: Date] by [insert: name of the political subdivision that is the guaranteeing entity], a political subdivision organized under the laws of the State of Ohio, herein referred to as Guarantor, to the Ohio Fire Marshal and to any and all third parties, and obliges, on behalf of [insert: name of the political subdivision owner or operator].

Recitals

(1) Guarantor meets or exceeds [insert: "the state or political subdivision bond rating test requirements of paragraphs (S)(1) to (S)(8) of rule 1301:7-9-05 of the Ohio Administrative Code." Or "the state or political subdivision financial test requirements of paragraphs (T)(1) to (T)(6) of rule 1301:7-9-05 of the Ohio Administrative Code." Or "the state or political subdivision fund requirements of paragraphs (V)(1) to (V)(1)(d) of rule 1301:7-9-05 of the Ohio Administrative Code."]

(2) [Insert: Name of the political subdivision owner or operator] owns or operates the following underground storage tank(s) covered by this guarantee: [List the number of tanks at each facility and the name(s) and address(es) of the facility(ies) where the tanks are located. If more than one instrument is used to assure different tanks at any one facility, for each tank covered by this instrument, list the tank identification number required in the annual registration application required by paragraphs (B) to (B)(3) of rule 1301:7-9-04 of the Ohio Administrative Code, and the name and address of the facility.] This guarantee satisfies the requirements of rule 1301:7-9-05 of the Ohio Administrative Code for taking corrective action and compensating third parties for bodily injury and property damage caused by accidental releases in the amount of at least[insert: applicable dollar amount from paragraphs (H)(1) to (H)(1)(b) of rule 1301:7-9-05 of the Ohio Administrative Code in words] dollars per occurrence and [insert: applicable dollar amount from paragraph (J)(1) of rule 1301:7-9-05 of the Ohio Administrative Code in words] dollars annual aggregate arising from operating the above-identified underground storage tank(s).

(3) Incidental to our substantial governmental relationship with [insert: name of the political subdivision owner or operator], Guarantor guarantees to the Ohio Fire Marshal and to any and all third parties that:

In the event that [insert: name of political subdivision owner or operator] fails to provide alternative coverage within sixty days after receipt of a notice of cancellation of this guarantee and the Ohio Fire Marshal has determined or suspects that a release has occurred at an underground storage tank covered by this guarantee, the Guarantor, upon instructions from the Ohio Fire Marshal shall make funds available to pay for corrective actions and compensate third parties for bodily injury and property damage in an amount not to exceed the coverage limits specified above.

In the event that the Ohio Fire Marshal determines that [insert: name of the political subdivision owner or operator] has failed to perform corrective action for releases arising out of the operation of the above -identified tank(s) in accordance with the requirements of paragraphs (A) to (O)(2) of rule 1301:7-9-13 of the Ohio Administrative Code, the Guarantor upon written instructions from the Ohio Fire Marshal shall make funds available to pay for corrective actions in an amount not to exceed the coverage limits specified above.

If [insert: name of the political subdivision owner or operator] fails to satisfy a judgement or award based on a determination of liability for bodily injury or property damage to third parties caused by accidental releases arising from the operation of the above-identified tank(s), or fails to pay an amount agreed to in settlement of a claim arising from or alleged to arise from such injury or damage, the Guarantor, upon written instructions from the Ohio Fire Marshal, shall make funds available to compensate third parties for bodily injury and property damage in an amount not to exceed the coverage limits specified above.

(4) Guarantor agrees that, if at the end of any fiscal year before cancellation of this guarantee, the Guarantor fails to meet or exceed the requirements of the financial responsibility mechanism specified in paragraph (1), Guarantor shall send within one hundred twenty days of such failure, by certified mail, notice to [insert: name of the political subdivision owner or operator], as evidenced by the return receipt.

(5) Guarantor agrees to notify [insert: name of the political subdivision owner or operator] by certified mail of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code naming Guarantor as debtor, within ten days after commencement of the proceeding.

(6) Guarantor agrees to remain bound under this guarantee notwithstanding any modification or alteration of any obligation of [insert: name of the political subdivision owner or operator] pursuant to Chapter 1301:7-9 of the Ohio Administrative Code.

(7) Guarantor agrees to remain bound under this guarantee for so long as [insert: name of the political subdivision owner or operator] must comply with the applicable financial responsibility requirements of rule 1301:7-9-05 of the Ohio Administrative Code for the above-identified tank(s), except that Guarantor may cancel this guarantee by sending notice by certified mail to[insert: name of the political subdivision owner or operator], such cancellation to become effective no earlier than one hundred twenty days after receipt of such notice by [insert: name of the political subdivision owner or operator], as evidenced by the return receipt.

If notified of a probable release, the Guarantor agrees to remain bound to the terms of this guarantee for all charges arising from the release, up to the coverage limits specified above, notwithstanding the cancellation of the guarantee with respect to future releases.

(8) The Guarantor's obligation does not apply to any of the following:

(a) Any obligation of [insert: name of the political subdivision owner or operator] under a workers' compensation, disability benefits, or unemployment compensation law or other similar law;

(b) Bodily injury to an employee of [insert: name of the political subdivision owner or operator] arising from, and in the course of, employment by [insert: name of the political subdivision owner or operator];

(c) Bodily injury or property damage arising from the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle, or watercraft;

(d) Property damage to any property owned, rented, loaned to, in the care, custody, or control of, or occupied by [insert: name of the political subdivision owner or operator] that is not the direct result of a release from a petroleum underground storage tank;

(e) Bodily damage or property damage for which [insert: name of the political subdivision owner or operator] is obligated to pay damages by reason of the assumption of liability in a contract or agreement other than a contract or agreement entered into to meet the requirements of paragraphs (H) to (H)(2) of rule 1301:7-9-05 of the Ohio Administrative Code.

(9) Guarantor expressly waives notice of acceptance of this guarantee by the Ohio Fire Marshal, by any or all third parties, or by [insert: name of the political subdivision owner or operator].

I hereby certify that the wording of this guarantee is identical to the wording specified in paragraph (U)(5)(b) of rule 1301:7-9-05 of the Ohio Administrative Code as such regulations were constituted on the effective date shown immediately below.

Effective date:_______________

[Insert: Name of the Political Subdivision acting as Guarantor].

[Authorized signature for Guarantor].

[Printed Name of Person Signing for the Guarantor].

[Official Title of Person Signing for the Guarantor].

Signature of witness or notary: ____________________"

(V) State or political subdivision fund

(1) The state of a political subdivision owner or operator may satisfy the requirements of paragraphs (H) to (H)(2) of this rule by establishing a dedicated fund account that conforms to the requirements of paragraphs (V) to (V)(1)(d) of this rule. Except as specified in paragraph (V)(1)(b) of this rule, a dedicated fund may not be commingled with other funds or otherwise used in normal operations. A dedicated fund will be considered eligible if it meets one of the following requirements:

(a) The fund is dedicated by state constitutional provision, or state or political subdivision statute, chapter, ordinance, or order to pay for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum underground storage tanks and is funded for the amount of coverage required by paragraphs (H) to (H)(1)(b) of this rule; or

(b) The fund is dedicated by state constitutional provision, or state or political subdivision statute, charter, ordinance, or order as a contingency fund for general emergencies, including taking corrective action and compensating third parties for bodily injury and property damage caused by accidental release arising from the operation of petroleum underground storage tanks, and is funded for five times the amount of coverage required by paragraphs (H) to (H)(1)(b) of this rule; or

(c) The fund is dedicated by state constitutional provision, or state or political subdivision statute, charter ordinance or order to pay for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum underground storage tanks. A payment is made to the fund once every year for seven years until this fund is fully funded. This seven year period is hereafter referred to as the "pay-inperiod."

The amount of each payment shall be determined by this formula:

[TF - CF]/Y

Where TF is the total required financial assurance for the state or political subdivision owner or operation, CF is the current amount in the fund, and Y is the number of years remaining in the pay-in-period, and;

(i) The state or political subdivision owner or operator has available bonding authority, approved through voter referendum (if such approval is necessary prior to the issuance of bonds), for an amount equal to the difference between the required amount of coverage and the amount held in the dedicated fund.

This bonding authority shall be available for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum underground storage tanks; or

(ii) The state or political subdivision owner or operation has a letter signed by the Ohio attorney general stating that the use of the bonding authority will not increase the state's or political subdivision's debt beyond the legal debt ceilings established by the applicable state laws. The letter must also state that prior voter approval is not necessary before use of the bonding authority.

(d) To demonstrate that it meets the requirements of the state or political subdivision fund, the chief financial officer of the state or political subdivision owner or operator, or the state or political subdivision serving as a guarantor shall sign a letter worded exactly as follows, except that the instructions in the square brackets are to be replaced by the relevant information and the square brackets deleted:

"Letter from Chief Financial Officer

I am the chief financial officer of [insert: name and address of the state or political subdivision owner or operator, or the state or political subdivision serving as a guarantor]. This letter is in support of the use of the state or political subdivision fund mechanism to demonstrate financial responsibility for taking corrective action and compensating third parties for bodily injury and property damage caused by accidental releases in the amount of at least [insert: applicable dollar amount from paragraphs (H)(1) to (H)(1)(b) of rule 1301:7-9-05 of the Ohio Administrative Code in words] dollars per occurrence and [insert: applicable dollar amount from paragraph (J)(1) of rule 1301:7-9-05 of Ohio Administrative Code in words] dollars annual aggregate arising from operating (an) underground storage tank(s).

Underground storage tanks at the following facilities are assured by this state or political subdivision fund mechanism: [List for each facility: the name and address of the facility where tanks are assured by this state or political subdivision fund].

[Insert: "The state or political subdivision fund is funded for the amount of coverage required by paragraphs (H) to (H)(1)(b) of rule 1301:7-9-05 of the Ohio Administrative Code." Or "The state or political subdivision fund is funded for five times the amount of coverage required by paragraphs (H) to (H)(1)(b) of rule 1301:7-9-05 of the Ohio Administrative Code." Or "A payment is made to the fund once every year for seven years until the fund is fully-funded and [name or state or political subdivision owner or operator] has available bonding authority, approved through voter referendum, of an amount equal to the difference between the required amount of coverage and the amount held in a dedicated fund." Or "A payment is made to the fund once every year for seven years until the fund is fullyfunded and I have attached a letter signed by the Ohio Attorney General stating that (1) the use of the bonding authority will not increase the state's or political subdivision's debt beyond the legal debt ceilings established by the applicable state laws and (2) that prior voter approval is not necessary before use of the bonding authority."]

The details of the state or political subdivision fund are as follows: Amount in Fund (market value of fund at close of last fiscal year): _______________ [If fund balance is incrementally funded as specified in paragraphs (V)(1)(c) to (V)(1)(c)(ii) of rule 1301:7-9-05 of the Ohio Administrative Code, insert:"Amount added to fund in the most recently completed fiscal year: _______________

Number of years remaining in the pay-in-period: _______________"]

A copy of the state constitutional provision, or state or political subdivision statute, charter, ordinance or order dedicating the fund is attached.

I hereby certify that the wording of this letter is identical to the wording specified in paragraph (V)(1)(d) of rule 1301:7-9-05 of the Ohio Administrative Code as such regulations were constituted on the date shown immediately below.

[Date]

[Signature of Chief Financial Officer]

[Printed Name of Chief Financial Officer]

[Official Title of Chief Financial Officer]"

(W) Substitution of financial assurance mechanisms by owner or operator.

(1) An owner or operator may substitute any alternate financial assurance mechanism described in paragraphs (L) to (V)(1)(d) of this rule as specified in this paragraph and paragraph (W)(2) of this rule, provided that at all times he maintains an effective financial assurance mechanism that satisfies the requirements of paragraphs (H) to (H)(2) and (J) to (J)(3) of this rule.

(2) After obtaining alternate financial assurance as specified in paragraph (W)(1) of this rule, an owner or operator may cancel a financial assurance mechanism by providing notice to the provider of financial assurance.

(X) Cancellation or nonrenewal by a provider of financial assurance.

(1) Except as otherwise provided in paragraphs (X)(1)(a) and (X)(1)(b) of this rule, a provider of financial assurance may cancel or fail to renew an assurance mechanism by sending a notice of termination by certified mail to the owner or operator.

(a) Termination of a political subdivision guarantee, guarantee, a surety bond, or a letter of credit shall not occur until one hundred twenty days after the date on which the owner or operator receives the notice of termination, as evidenced by the return receipt.

(b) Termination of insurance, risk retention group coverage, or the fund coverage except for non-payment or misrepresentation by the insured, shall not occur until sixty days after the date on which the owner or operator receives the notice of termination, as evidenced by the return receipt. Termination for non-payment of premium or fee or misrepresentation by the insured shall not occur until a minimum of ten days after the date on which the owner or operator receives the notice of termination, as evidenced by the return receipt.

(2) If a provider of financial responsibility cancels or fails to renew for reasons other than non-payment of premium or fee or misrepresentation by the insured, or the incapacity of the provider as specified in paragraphs (Y)(1)(b)(i) to (Y)(1)(b)(iii) of this rule, the owner and operator shall obtain alternate coverage as specified in this rule within sixty days after receipt of the notice of termination. If the owner and operator fail to obtain alternate coverage within sixty days after receipt of the notice of termination, the owner and operator shall immediately notify the fire marshal of such failure and submit:

(a) The name and address of the provider of financial assurance;

(b) The effective date of termination; and

(c) The evidence of the financial assistance mechanism subject to the termination maintained in accordance with paragraphs (Z)(2) to (Z)(2)(k) of this rule.

(Y) Reporting by owner and operator.

(1) Owners and operators shall submit the appropriate forms listed in paragraphs (Z)(2) to (Z)(2)(k) of this rule documenting current evidence of financial responsibility to the fire marshal:

(a) Within thirty days after the owner or operator identifies a release from an underground storage tank required to be reported under section 3737.88 or 3737.882 of the Revised Code or this chapter of the Administrative Code.

(b) If the owner and operator fail to obtain alternate coverage as required by this rule, within thirty days after the owner or operator receives notice of:

(i) Commencement of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U. S. Code, naming a provider of financial assurance as a debtor; or

(ii) Suspension or revocation of the authority of a provider of financial assurance to issue a financial assurance mechanism; or

(iii) Failure of a guarantor to meet the requirements of the financial test; or

(iv) Other incapacity of a provider of financial assurance.

(c) As required by paragraphs (L)(8), (X)(2) to (X)(2)(c), and (CC)(5) of this rule.

(2) Owners and operators shall certify compliance with the financial responsibility requirements of this rule when notifying the fire marshal of the installation of a new underground storage tank under paragraphs (C) to (C)(4) of rule 1301:7-9-04 of the Administrative Code.

(3) The fire marshal may require an owner or operator to submit evidence of financial assurance as described in paragraphs (Z)(2) to (Z)(2)(k) of this rule or other information relevant to compliance with this rule at any time.

(Z) Recordkeeping.

(1) Owners and operators shall maintain copies of all financial assurance mechanisms and related documents used to demonstrate financial responsibility under this rule for an underground storage tank until released from the requirements of this rule under paragraph (BB) of this rule. Owners and operators shall maintain such evidence at the underground storage tank site or the owner's or operator's place of business. Records maintained off-site shall be made available within twenty-four hours upon request of the fire marshal.

(2) Owners and operators shall maintain the following types of evidence of financial responsibility:

(a) Owners and operators using an assurance mechanism specified in paragraph (L) to (V)(1)(d) of this rule shall maintain a copy of the instrument worded as specified.

(b) Owners and operators using a financial test, or a state or political subdivision financial test or a political subdivision guarantee supported by the state or political subdivision financial test shall maintain a copy of the chief financial officer's letter based on year-end financial statements for the most recent completed financial reporting year and, if applicable, a copy of the special report prepared by an independent certified public accountant. Such evidence shall be on file no later than one hundred twenty days after the close of the financial reporting year.

(c) Owners and operators using a guarantee, surety bond, or letter of credit shall maintain a copy of the signed standby trust fund agreement and copies of any amendments to the agreement.

(d) A political subdivision owner or operator using a political subdivision guarantee under paragraphs (U)(4)(a) to (U)(4)(b) of this rule shall maintain a copy of the signed standby trust fund agreement and copies of any amendments to the agreement.

(e) A state or political subdivision owner or operator using the state or political subdivision bond rating test under paragraphs (S)(1) to (S)(8) of this rule shall maintain a copy of its bond rating published within the last twelve months by Moody's or Standard & Poor's.

(f) A political subdivision owner or operator using the political subdivision guarantee under paragraphs (U)(1) to (U)(5)(b) of this rule, where the guarantor's demonstration of financial responsibility relies on the state or political subdivision bond rating test under paragraphs (S)(1) to (S)(8) of this rule shall maintain a copy of the guarantor's bond rating published within the last twelve months by Moody's or Standard & Poor's.

(g) Owners and operators using an insurance policy or risk retention group coverage shall maintain a copy of the signed insurance policy or risk retention group coverage policy, with the endorsement or certificate of insurance and any amendments to the agreements.

(h) Owners and operators shall maintain on file a copy of the current certificate of coverage under the fund.

(i) A state of political subdivision owner or operator using a state or political subdivision fund under paragraphs (V)(1) to (V)(1)(d) of this rule shall maintain the following documents:

(i) A copy of the state constitutional provision or state or political subdivision statute, charter, ordinance, or order dedicating the fund, and

(ii) Year-end financial statements for the most recent completed financial reporting year showing the amount in the fund. If the fund is established under paragraphs (V)(1)(c) to (V)(1)(c)(ii) of this rule using incremental funding backed by bonding authority, the financial statements shall show the previous year's balance, the amount of funding during the year, and the closing balance in the fund.

(iii) If the fund is established under paragraphs (V)(1)(c) to (V)(1)(c)(ii) of this rule using incremental funding backed by bonding authority, the state or political subdivision owner or operator shall also maintain documentation of the required bonding authority, including either the results of the voter referendum (under paragraph (V)(1)(c)(i) of this rule), or attestation by the Ohio attorney general as specified under paragraph (V)(1)(c)(ii) of this rule.

(j) A political subdivision owner or operator using the political subdivision guarantee supported by the state or political subdivision fund shall maintain a copy of the guarantor's year-end financial statements for the most recent completed financial reporting year showing the amount of the fund.

(k) An owner or operator using an assurance mechanism specified in paragraphs (L) to (V)(1)(d) of this rule shall maintain an updated copy of a certification of financial responsibility worded as follows, except that instructions in the square brackets are to be replaced with the relevant information and the square brackets deleted:

"Certification of Financial Responsibility

[owner or operator] hereby certifies that it is in compliance with the requirements of rule 1301:7-9-05 of the Ohio Administrative Code.

The financial assurance mechanism(s) used to demonstrate financial responsibility under rule 1301:7-9-05 of the Ohio Administrative Code is(are) as follows:

[For each mechanism, list the type of mechanism, name of issuer, mechanism number (if applicable), amount of coverage, effective period of coverage, and the tanks covered by the mechanism.]

The financial assurance mechanism(s) listed above cover(s) taking corrective action and compensating third parties for bodily injury and property damage caused by accidental releases from underground storage tanks.

[Signature of owner or operator]

[Name of owner or operator]

[Title]

[Date]

[Signature of witness or notary]

[Name of witness or notary]

[Date]"

Owners and operators shall update this certification whenever the financial assurance mechanism(s) used to demonstrate financial responsibility change(s).

(AA) Drawing on financial assurance mechanisms.

(1) Except as specified in paragraph (AA)(4) of this rule, upon direction from the fire marshal, the guarantor, surety, or institution issuing a letter of credit shall place the amount of funds stipulated by the fire marshal, up to the limit of funds provided by the financial assurance mechanism, into the standby trust if:

(a)

(i) The owner and operator fail to establish alternate financial assurance within sixty days after receiving notice of cancellation of the guarantee, surety bond, letter of credit, or, as applicable, other financial assurance mechanism; and

(ii) The fire marshal determines or suspects that a release from an underground storage tank covered by the mechanism has occurred and so notifies the owner or operator or the owner or operator has notified the fire marshal pursuant to section 3737.88 or 3737.882 of the Revised Code or this chapter of the Administrative Code of a confirmed or suspected release from an underground storage tank covered by the mechanism; or

(b) Any of the conditions contained in paragraphs (AA)(2)(a) to (AA)(2)(b)(ii) of this rule are satisfied.

(2) The fire marshal may draw on a standby trust fund or trust fund when:

(a) The fire marshal makes a final determination that a release is suspected or has occurred and corrective action for the release is needed, and the owner or operator, after appropriate notice and opportunity to comply, has not conducted corrective action as required under sections 3737.88 and 3737.882 of the Revised Code and this chapter of the Administrative Code; or

(b) The fire marshal has received either:

(i) Certification from the owner or operator and the third-party liability claimant(s) and from attorneys representing the owner or operator and the third-party liability claimant(s) that a third-party liability claim should be paid. The certification must be worded as follows, except that instructions in square brackets are to be replaced with the relevant information and the square brackets deleted:

"Certification of Valid Claim

The undersigned, as principals and as legal representatives of [insert: name of the owner or operator] and [insert: name and address of third-party claimant], hereby certify that the claim of bodily injury [and/or] property damage caused by an accidental release arising from operating [owner's or operator's] underground storage tank should be paid in the amount of [insert: the appropriate dollar amount in words] dollars.

[Signatures]

Owner or Operator

Attorney for Owner or Operator

(Notary) Date

[Signature(s)]

Claimant(s)

Attorney(s) for Claimant(s)

(Notary) Date"; or

(ii) a valid final court order establishing a judgment against the owner or operator for bodily injury or property damage caused by an accidental release from an underground storage tank covered by financial assurance under this rule and the fire marshal determines that the owner or operator has not satisfied the judgment.

(3) If the fire marshal determines that the amount of corrective action costs and third-party liability claims eligible for payment under paragraph (AA)(2) to (AA)(2)(b)(ii) of this rule may exceed the balance of the trust fund or the standby trust fund and the obligation of the provider of financial assurance, the first priority for payment shall be corrective action costs necessary to protect human health and the environment. The fire marshal shall pay third-party liability claims in the order in which the fire marshal receives certification under paragraph (AA)(2)(b)(i) of this rule, and valid court orders under paragraph (AA)(2)(b)(ii) of this rule.

(4) A state or political subdivision acting as a guarantor under paragraphs (U)(5)(a) to (U)(5)(b) of this rule, shall make payments as directed by the fire marshal under the circumstances set forth in paragraphs (AA)(1) to (AA)(3) of this rule.

(BB) Release from the requirements.

Owners and operators are no longer required to maintain financial responsibility under this rule for a petroleum UST system after the UST system has been properly closed as required by this chapter of the Administrative Code or, if corrective action is required, after corrective action has been completed in compliance with sections 3737.88 and 3737.882 of the Revised Code and this chapter of the Administrative Code and the petroleum UST system has been properly closed as required by this chapter of the Administrative Code.

(CC) Bankruptcy or other incapacity of owner or operator or provider of financial assurance and non-payment of premium or fee or misrepresentation by the insured.

(1) Within ten days after commencement of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming an owner or operator as debtor, the owner or operator shall notify the fire marshal by certified mail of such commencement and submit the appropriate forms listed in paragraphs (Z)(2) to (Z)(2)(k) of this rule documenting current financial responsibility.

(2) Within ten days after commencement of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U. S. Code, naming a guarantor providing financial assurance as debtor, such guarantor shall notify the owner and operator by certified mail of such commencement as required under the terms of the guarantee specified in paragraph (M)(4) of this rule.

(3) Within ten days after commencement of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming a state or political subdivision owner or operator as debtor, the state or political subdivision owner or operator shall notify the fire marshal by certified mail of such commencement and submit the appropriate forms listed in paragraphs (Z)(2) to (Z)(2)(k) of this rule documenting current financial responsibility.

(4) Within ten days after commencement of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming a guarantor providing a state or political subdivision financial assurance as debtor, such guarantor shall notify the state or political subdivision owner or operator by certified mail of such commencement as required under the terms of the guarantee specified in paragraphs (U)(4)(a) to (U)(5)(b) of this rule.

(5) Owners and operators who obtain financial assurance by a mechanism other than the financial test of self-insurance will be deemed to be without the required financial assurance in the event of a bankruptcy or incapacity of its provider of financial assurance, or a suspension or revocation of the authority of the provider of financial assurance to issue a guarantee, insurance policy, risk retention group coverage policy, surety bond, letter of credit, or a certificate of coverage under the fund established in section 3737.91 of the Revised Code. The owner and operator shall obtain alternate financial assurance as specified in this rule within thirty days after receiving notice of such an event. If the owner and operator do not obtain alternate coverage within thirty days after such notification, they shall notify the fire marshal of such failure.

(6) Within thirty days after receipt of notification that the fund has become incapable of paying for assured corrective action or third-party compensation costs, the owner and operator shall obtain alternate financial assurance.

(7) Within ten days after receipt of notification of termination of insurance, risk retention group coverage, or the fund coverage because of non-payment of premium or fee or misrepresentation by the insured, the owner and operator shall obtain alternate financial assurance.

(DD) Replenishment of financial assurance mechanisms.

(1) If at any time a standby trust is funded upon the instruction of the fire marshal with funds drawn from a guarantee, political subdivision guarantee with standby trust, letter of credit, or surety bond, the owner and operator shall within thirty days of being so notified by the fire marshal:

(a) Replenish the value of financial assurance to equal the full amount of coverage required, or

(b) Acquire another financial assurance mechanism described in paragraphs (L) to (V)(1)(d) of this rule for an amount equal to the full amount of coverage required.

(2) For purposes of paragraphs (DD) to (DD)(4)(b) of this rule, the full amount of coverage required is the amount of coverage to be provided by paragraphs (H) to (H)(2) and (J) to (J)(3) of this rule.

(3) If at any time during the policy period the amount of aggregate remaining under an insurance or risk retention group policy is reduced below either the reduced fund deductible or fund deductible, whichever is applicable, the owner and operator shall within thirty days of being so notified by the fire marshal:

(a) Replenish the value of financial assurance to equal the applicable policy period aggregate under paragraph (J)(2) of this rule, or

(b) Acquire another financial assurance mechanism described in paragraphs (L) to (V)(1)(d) of this rule for an amount equal to the full amount of coverage required.

(4) If at any time a trust agreement balance established pursuant to paragraphs (Q) to (Q)(7) of this rule is reduced below the full amount of coverage required, the owner and operator shall within thirty days of being so notified by the fire marshal:

(a) Replenish the value of the trust agreement to equal the full amount of coverage required, or

(b) Acquire another financial assurance mechanism described in paragraphs (L) to (P)(5) of this rule for an amount equal to the full amount of coverage required.

R.C. 119.032 review dates: 11/24/2010 and 11/24/2015
Promulgated Under: 119.03
Statutory Authority: 3737.882
Rule Amplifies: 3737.882
Prior Effective Dates: 10/2/90, 6/2/91 (Emer.), 9/11/91, 4/10/92, 1/1/94

1301:7-9-06 Design, construction, installation, operation and maintenance for UST systems.

(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 design, construction, installation, operation and maintenance requirements for underground storage tanks (UST) containing petroleum or other regulated substances. 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 following UST systems are exempted from this rule:

(1) Wastewater treatment tank systems;

(2) Any UST systems containing radioactive material that are regulated under the Atomic Energy Act of 1954 ( 42 U.S.C. 2014 and following);

(3) Any UST system that is part of an emergency generator system at nuclear power generation facilities regulated by the United States nuclear regulatory commission;

(4) Airport hydrant fuel distribution systems; and

(5) UST systems with field constructed tanks.

(B) Performance standards for new UST systems.

(1) New UST systems shall be provided with secondary containment for the UST and underground piping that routinely contains regulated substances to completely contain a release of a regulated substance and prevent a release of a regulated substance to the environment at any time during the operational life of the UST system pursuant to the following requirements:

(a) New USTs shall be double-wall and shall be equipped, operated and maintained pursuant to paragraphs (D)(1) and (D)(2) of this rule;

(b) Underground piping that routinely contains regulated substances that is part of a new UST system shall be double-wall and shall be equipped, operated and maintained pursuant to paragraphs (D)(3) and (D)(4) of this rule except that:

(i) Underground piping that conveys petroleum under suction is not required to be equipped to meet the secondary containment requirements of paragraph (B)(1)(b) of this rule; and

(ii) A manifold that conveys petroleum under suction between tanks is not required to be equipped to meet the secondary containment requirements of paragraph (B)(1)(b) of this rule.

(c) New UST systems shall be equipped with containments and operated and maintained pursuant to paragraphs (D)(5) and (D)(6) of this rule, and containments shall be present at the following locations:

(i) In those areas where piping that routinely contains regulated substances exits the UST;

(ii) In those areas where piping that routinely contains regulated substances transitions from underground to above ground;

(iii) In those areas where a transition sump is required to maintain the proper slope of piping that routinely contains regulated substances; and

(iv) In those areas under each motor fuel dispenser.

(d) Other methods of secondary containment, such as vaults, external liners and jackets, may be used if owners and/or operators:

(i) Demonstrate to the state fire marshal that the alternative method of secondary containment is as least as protective of human health and the environment as those methods described in paragraphs (B)(1) to (B)(1)(c)(iv) of this rule; and

(ii) Obtain written approval from the state fire marshal to use the alternative method of secondary containment before installation and operation of the new UST system. The state fire marshal may approve, deny or rescind the method at the state fire marshal's discretion. If the alternative method of secondary containment is approved by the state fire marshal, the owner and operator shall comply with any conditions imposed by the state fire marshal on its use. The alternative method request shall be evaluated on a site by site basis.

(e) New UST systems shall be equipped with spill prevention equipment and overfill prevention equipment pursuant to paragraphs (D)(7) and (D)(8) of this rule.

(f) If an owner and/or operator elects to equip an UST system in a manner that exceeds the requirements of this rule, the owner and/or operator is only required to maintain the UST system to the extent required by this rule.

(C) Performance standards for existing UST systems.

(1) Existing USTs shall be equipped, operated and maintained pursuant to paragraphs (D)(1) and (D)(2) of this rule except that:

(a) Existing USTs installed prior to the effective date of this rule are not required to be equipped to meet the new UST secondary containment requirements of paragraph (B)(1) of this rule unless the USTs undergo work pursuant to paragraph (C)(7)(a) of this rule; and

(b) The addition of internal lining in the field to an existing metal UST system to meet cathodic protection requirements is prohibited unless owners and/or operators obtain written approval from the state fire marshal prior to the application of the internal lining. The state fire marshal shall no longer grant approval pursuant to this paragraph as of twelve months after the effective date of this rule. The addition of internal lining in the field to UST systems for purposes other than for cathodic protection is allowed provided that owners and/or operators comply with the Ohio Fire Code and give written notice to the state fire marshal prior to the application of the internal lining. Owners and operators shall comply with any conditions imposed by the state fire marshal on the use of internal lining.

(2) Existing underground piping that routinely contains regulated substances shall be equipped, operated and maintained pursuant to the new piping requirements defined in paragraphs (B)(1)(b) to (B)(1)(b)(ii) and paragraphs (D)(3) and (D)(4) of this rule except that:

(a) Existing underground piping associated with UST systems installed prior to March 1, 2005, is not required to be equipped to meet secondary containment requirements of paragraph (B)(1)(b) of this rule except those piping components undergoing work pursuant to paragraph (C)(7)(b) of this rule;

(b) Existing underground piping that conveys petroleum under suction is not required to be equipped to meet secondary containment requirements of paragraph (B)(1)(b) this rule;

(c) Existing suction manifolds between tanks are not required to be equipped to meet the secondary containment requirements of paragraph (B)(1)(b) of this rule; and

(d) Existing UST systems installed prior to March 1, 2005, are not required to be equipped with isolation valves between the piping and the tank as described in paragraph (D)(3)(b) of this rule.

(3) Existing UST systems shall be equipped, operated and maintained with containments as specified in paragraphs (D)(5) and (D)(6) of this rule except that existing UST systems installed prior to March 1, 2005, are not required to be equipped with containments except for those UST systems undergoing work pursuant to paragraphs (C)(7)(c) and (C)(7)(d) of this rule.

(4) Existing UST systems shall be equipped with spill prevention equipment and overfill prevention equipment meeting the requirements of paragraphs (D)(7) and (D)(8) of this rule except that:

(a) Existing UST systems installed prior to March 1, 2005, that were filled with transfers of no more than twenty-five gallons at one time are not required to be equipped to meet the spill and overfill requirements of this rule except USTs undergoing work pursuant to paragraph (C)(7)(a) of this rule; and

(b) Existing UST systems installed prior to March 1, 2005, are not required to be equipped with extractor float vent valves as part of overfill prevention as described in paragraph (D)(7)(b) of this rule except USTs undergoing work pursuant to paragraph (C)(7)(a) of this rule.

(5) Existing UST systems containing hazardous substances as defined in rule 1301:7-9-03 of the Administrative Code shall be equipped, operated and maintained pursuant to the new UST system requirements defined in paragraph (B) of this rule except that:

(a) Existing UST systems installed prior to March 1, 2005, are not required to be equipped with containments in all of the locations described in paragraph (B)(1)(c) of this rule. UST systems shall have sufficient containments to demonstrate that the UST system is fully secondarily contained;

(b) Existing UST systems installed prior to March 1, 2005, are not required to be equipped with isolation valves between the piping and the tank pursuant to paragraph (D)(3)(b) of this rule;

(c) Existing UST systems installed prior to March 1, 2005, are not required to be equipped with extractor valves as part of overfill prevention pursuant to paragraph (D)(7)(b) of this rule;

(d) Existing UST systems installed prior to March 1, 2005, that are filled with transfers of no more than twenty-five gallons at one time are not required to be equipped to meet the spill and overfill requirements of paragraph (D)(7) of this rule; and

(e) Existing underground piping and manifolds that convey hazardous substance under suction shall be equipped with full secondary containment pursuant to paragraph (B)(1)(b) of this rule.

(6) Existing UST systems located in sensitive areas as defined in rule 1301:7-9-09 of the Administrative Code shall be equipped, operated and maintained pursuant to the new UST system requirements defined in paragraph (B) of this rule except that:

(a) Existing UST systems installed prior to March 1, 2005, are not required to be equipped with containments in all of the locations described in paragraph (B)(1)(c) of this rule. UST systems shall have sufficient containments to demonstrate that the UST system is fully secondarily contained;

(b) Existing UST systems that were internally lined but were not equipped with supplemental cathodic protection systems shall be taken out of service no later than three years after the effective date of this rule, unless the UST system is modified to meet the cathodic protection requirements of paragraphs (D)(1) to (D)(2)(d)(iv)(b) of this rule,

(c) Existing UST systems installed prior to March 1, 2005, are not required to be equipped with isolation valves between the piping and the tank pursuant to paragraph (D)(3)(b) of this rule;

(d) Existing UST systems installed prior to March 1, 2005, are not required to be equipped with extractor float vent valves as part of overfill prevention pursuant to paragraph (D)(7)(b) of this rule;

(e) Existing UST systems installed prior to March 1, 2005, that were filled with transfers of no more than twenty-five gallons at one time are not required to be equipped to meet the spill and overfill requirements of paragraph (D)(7) of this rule.

(f) Existing UST systems that were installed in sensitive areas before the effective dates listed in paragraphs (C) to (E) of rule 1301:7-9-09 of the Administrative Code shall be equipped, operated and maintained pursuant to the existing UST requirements of paragraphs (C)(1) to (C)(4)(b) of this rule.

(7) Any work performed on an existing UST system that requires a permit pursuant to rule 1301:7-9-10 of the Administrative Code or as otherwise provided in this paragraph, shall meet the following requirements:

(a) If work causes an existing UST to be replaced, the new UST shall be equipped, operated and maintained pursuant to the new UST requirements defined in paragraph (B)(1)(a) of this rule. The following requirements may also apply:

(i) Tank top containments shall be installed pursuant to paragraph (B)(1)(c)(i) of this rule,

(ii) Existing piping and dispenser containments shall be installed, replaced, or modified pursuant to paragraphs (C)(7)(b) to (C)(7)(d) of this rule;

(b) If piping is installed, replaced, modified, or undergoes major repair that affects more than fifty per cent (50%) of an existing piping run measured as the length of the pipe between the connection at the UST and the furthest dispenser or use location associated with the UST connection that routinely contains regulated substances, then the piping and associated containments shall be equipped, operated and maintained pursuant to the new piping and containment requirements defined in paragraphs (B)(1)(b) and (B)(1)(c) of this rule;

(c) If a new motor fuel dispenser is installed where there previously was no motor fuel dispenser at an existing UST site then a new containment shall be installed pursuant to paragraphs (D)(5) and (D)(6) of this rule; and

(d) If an existing motor fuel dispenser is replaced with another motor fuel dispenser and the piping prior to the flex connector and shear valve is also modified or replaced or if an island is to be replaced, then a new containment shall be installed pursuant to paragraphs (D)(5) and (D)(6) of this rule.

(8) If an owner and/or operator elects to equip an UST system in a manner that exceeds the requirements of this rule, the owner and/or operator is only required to maintain the UST system to the extent required by this rule.

(D) Design, construction, operation and maintenance of UST systems.

(1) USTs shall be designed and constructed pursuant to one of the following:

(a) The tank is constructed of fiberglass-reinforced plastic in compliance with "Underwriters Laboratories Standard 1316-94; Standard for Glass-Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum Products";

(b) The tank is constructed of metal in compliance with "Underwriters Laboratories Standard 58-96; Standard for Steel Underground Tanks for Flammable and Combustible Liquids," coated with a suitable dielectric material and cathodically protected using:

(i) Field-installed cathodic protection systems that are designed by a corrosion expert; or

(ii) The tank and cathodic protection system comply with the requirements of one of the following:

(a) "Underwriters Laboratories Standard 1746-2007; External Corrosion Protection Systems for Steel Underground Storage Tanks";

(b) "National Association of Corrosion Engineers Standard RP-0285-02; Corrosion Control of Underground Storage Tank Systems by Cathodic Protection"; or

(c) "Steel Tank Institute Specification for STI-P3 System of External Corrosion Protection of Underground Steel Storage Tanks" and related "Steel Tank Institute" specifications.

(c) The tank is constructed of a steel-fiberglass-reinforced-plastic composite in compliance with "Underwriters Laboratories Standard 1746-2007; Corrosion Protection Systems for Underground Storage Tanks" or "Steel Tank Institute STI-F894; Specification for External Corrosion Protection of FRP Composite Steel Underground Storage Tanks" and related Steel Tank Institute specifications.

(2) USTs shall be operated and maintained pursuant to all of the following:

(a) Owners and/or operators shall use UST system components that are compatible with the regulated substance stored in the UST system.

(b) If the UST system is used to store alcohol blends, the owner and/or operator shall ensure compatibility by complying with the following applicable standards:

(i) "American Petroleum Institute Publication 1626-2000; Storing and Handling Ethanol and Gasoline-ethanol Blends at Distribution Terminals and Service Stations"; and

(ii) "Petroleum Institute Publication 1627-2000; Storage and Handling of Gasoline-methanol/cosolvent Blends at Distribution Terminals and Service Stations."

(c) Owners and operators shall inspect all accessible UST and piping components at least once a year for evidence of degradation and shall correct any deficiencies that could cause a release or prevent release detection equipment from working properly. At a minimum, USTs and piping shall be monitored for any visible corrosion, pealing, cracking or excessive distortion of the UST and piping components.

(d) Operation and maintenance of corrosion protection;

(i) All corrosion protection systems shall be operated and maintained to continuously provide corrosion protection.

(ii) All UST systems equipped with cathodic protection systems shall be inspected for proper operation by a qualified cathodic protection tester in compliance with the following requirements:

(a) All cathodic protection systems shall be tested within six months of installation and at least every three years thereafter; and

(b) The criteria to determine that cathodic protection is adequate shall be pursuant to "National Association of Corrosion Engineers Standard RP-0285-02; Corrosion Control of Underground Storage Tank Systems by Cathodic Protection."

(iii) UST systems with impressed current cathodic protection systems shall be inspected every sixty days by the owner and/or operator to ensure that the equipment is operating properly.

(iv) For UST systems using cathodic protection, records of the inspections of the cathodic protection system shall be maintained in compliance with this chapter to demonstrate compliance with the standards in paragraphs (D)(1) and (D)(2) of this rule. These records shall provide the following:

(a) The results of testing from the last two inspections required in paragraph (D)(2)(d)(ii)(a) of this rule; and

(b) The results of the last six inspections required by paragraph (D)(2)(d)(iii) of this rule.

(e) UST systems internally lined to meet cathodic protection requirements shall comply with the following:

(i) Within ten years after lining, and every five years thereafter, the lined tank shall be internally inspected to determine if it is structurally sound with the lining still performing in accordance with "American Petroleum Institute Publication 1631-01; Interior Lining and Period Inspection of Underground Storage Tanks"; and

(a) Internal inspections shall be performed by a person listed by the state fire marshal to provide UST lining services;

(b) A modification permit shall be obtained prior to performing work in accordance with paragraph (D)(2)(e)(i) of this rule; and

(c) Video camera inspections shall not be used to meet the requirements of paragraph (D)(2)(e)(i) of this rule.

(ii) Any UST system internally lined that fails to meet the criteria described in paragraph (D)(2)(e) of this rule shall be removed in accordance with rule 1301:7-9-12 of the Administrative Code unless owner and/or operators obtain written approval from the state fire marshal to modify or repair the internally lined UST system. Owners and/or operators shall comply with any conditions imposed by the state fire marshal on the use of internal lining.

(iii) UST systems internally lined that also have cathodic protection that meets the requirements of paragraphs (D)(1) to (D)(2)(d)(iv)(b) of this rule do not have to comply with paragraph (D)(2)(e) of this rule.

(f) All corrosion protection systems on UST systems shall be installed, operated and maintained in a manner that minimizes any adverse effects on adjacent underground metallic structures, including but not limited to, natural gas pipe lines, telecommunication cables and water and sewage pipelines. If at any time a corrosion protection system on an UST system is believed to have adversely affected an adjacent underground metallic structure, owners and operators shall immediately participate in the testing and remediation of any such adverse effects.

(3) Piping that routinely contains regulated substances shall be designed and constructed pursuant to the following:

(a) Piping covered by earthen material shall be protected from corrosion in one of the following manners:

(i) The piping is constructed of fiberglass-reinforced plastic or flexible plastic technology piping in compliance with "Underwriters Laboratories Standard 971-2005; Nonmetallic Underground Piping for Flammable Liquids" and "Underwriters Laboratories Standard 567-03; Pipe Connectors for Petroleum Products and LP Gas"; or

(ii) The piping is constructed of metal in compliance with "National Fire Protection Association Standard 30-2008; Flammable and Combustible Liquids Code" and "American National Standards Institute B 31.3 -02; American National Standard Code for Pressure Piping," coated with a suitable dielectric material and cathodically protected using:

(a) Field-installed cathodic protection systems that are designed by a corrosion expert; or

(b) The piping and cathodic protection systems meet the requirements of "American Petroleum Institute Publication 1632-02; Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems", "National Association of Corrosion Engineers Standard RP-0169-02; Control of External Corrosion on Underground or Submerged Metallic Piping Systems", or "Steel Tank Institute R892; Recommended Practice for Corrosion Protection of Underground Piping Networks Associated with Liquid Storage and Dispensing Systems" and related "Steel Tank Institute" specifications; and

(b) Piping that routinely contains regulated substances shall be installed with an isolation valve to allow for the separation of the piping from the UST. The isolation valve shall be easily accessible.

(4) Piping that routinely contains regulated substances shall be operated and maintained pursuant to all of the following:

(a) Owners and/or operators shall use piping system components that are compatible with the regulated substance stored in the UST system pursuant to paragraphs (D)(2)(a) to (D)(2)(b)(ii) of this rule.

(b) Owners and/or operators shall inspect all accessible piping components at least once a year for evidence of degradation and shall correct any deficiencies that could cause a release or prevent release detection equipment from working properly pursuant to paragraph (D)(2)(c) of this rule.

(c) All corrosion protection systems for piping shall be operated and maintained pursuant to paragraphs (D)(2)(d) to (D)(2)(d)(iv)(b) of this rule.

(5) Containment systems shall be properly designed and constructed pursuant to all of the following:

(a) Each containment system shall be large enough to allow for the visible inspection and access of all components within the containment system;

(b) Each penetration through a containment system shall be water tight while allowing for any forces that may act on the penetration;

(c) Each containment system shall be designed to minimize the infiltration of surface water into the containment area; and

(d) Covers for containments system shall be designed or managed to allow access to the containment system within four hours of a request by the state fire marshal or local fire official.

(6) Containment equipment shall be properly operated and maintained pursuant to the following:

(a) All containments shall be inspected at least once a year for proper operation and for the presence of water, regulated substances and debris in accordance with the following:

(i) Containments shall be inspected for evidence of excessive distortion, cracking or gross failure of the containments and any penetration fittings;

(ii) All water and debris shall be removed and properly disposed; and

(iii) All regulated substances shall be removed and properly disposed.

(b) Containment systems shall be tightness tested pursuant to paragraphs (D)(3)(c) and (F)(3)(a) of rule 1301:7-9-07 of the Administrative Code.

(7) Spill prevention equipment and overfill prevention equipment shall be designed and constructed pursuant to all of the following:

(a) To prevent spilling and overfilling associated with regulated substance transfer to the UST system, owners and/or operators shall install the following spill prevention equipment and overfill prevention equipment:

(i) Spill prevention equipment with a capacity of at least five gallons that will prevent the release of product into the environment when the transfer hose is detached from the fill pipe; and

(ii) Overfill prevention equipment that will achieve one of the following:

(a) Automatically shut off flow into the tank when the tank is no more than ninety-five per cent full; or

(b) Alert the transfer operator when the tank is no more than ninety per cent full by restricting the flow into the tank or triggering a high-level alarm; or

(c) Restrict flow thirty minutes prior to overfilling, alert the operator with a high level alarm one minute before overfilling, or automatically shut off flow into the tank so that none of the fittings located on top of the tank are exposed to product due to overfilling.

(b) Float vent valves for overfill prevention, when used, shall be installed with an extractor fitting to allow for the testing and maintenance of the UST system; and

(c) Float vent valves for overfill prevention shall not be allowed on any type of suction system.

(8) Spill prevention equipment and overfill prevention equipment shall be properly operated and maintained pursuant to all of the following:

(a) Owners and/or operators of all UST systems shall ensure that releases due to spilling or overfilling do not occur. The owner and/or operator shall ensure that the volume available in the tank is greater than the volume of product to be transferred to the tank before the transfer is made and that the transfer operation is monitored constantly to prevent overfilling and spilling;

(b) The owner and/or operator of all UST systems shall report, investigate and clean up any spills and overfills in compliance with rule 1301:7-9-13 of the Administrative Code;

(c) Owners and/or operators shall visually inspect all spill prevention equipment after each delivery and shall promptly remove and properly dispose of any water, regulated substances and/or debris from the spill prevention equipment; and

(d) Owners and operators shall inspect all spill prevention equipment and overfill prevention equipment annually for proper operation and evidence of deterioration.

(E) General performance standards, permits, certified UST installers and inspectors.

(1) All UST systems shall be properly installed, modified and repaired in accordance with the manufacturer's instructions, Petroleum Equipment Institute Publication RP100-2011; "Recommended Practices for Installation of Underground Liquid Storage Systems", Petroleum Equipment Institute Publication RP/1000-2009; "Recommended Practices for the Installation of Marine Fueling Systems", American Petroleum Institute Publication 1615-01; "Installation of Underground Petroleum Storage Systems", National Fire Protection Association Publication NFPA 407-01 "Standard for Aircraft Fuel Servicing", and applicable "Steel Tank Institute" installation instructions. Where there is a conflict between requirements the more protective requirement shall prevail.

(2) Owners and/or operators shall maintain records of each installation, modification or major repair to the UST system that demonstrate compliance with the requirements of this chapter for the remaining operating life of the UST system and for two years after the closure of the UST system.

(3) Performing work pursuant to this rule does not relieve a person engaged in underground storage tank activity from the obligation of complying with any other applicable federal, state, or local laws and regulations, including but not limited to, the Ohio Fire Code or the Ohio Building Code, etc.

(4) Any person performing work in accordance with this rule shall obtain a permit as required in paragraph (C) of rule 1301:7-9-10 of the Administrative Code prior to performing the work. All work performed in accordance with this rule shall be overseen by a certified UST installer and a certified UST inspector as required in paragraph (D) of rule 1301:7-9-10 of the Administrative Code.

(5) A tightness test shall be performed on any new or existing UST system component that undergoes work requiring an installation, modification or major repair permit under paragraph (E)(4) of this rule prior to placing the UST system into operation. No UST system shall be placed into operation until a passing tightness test result is obtained for the UST system component undergoing work.

(6) Other design, construction, installation, operation and maintenance methods may be used in place of any requirements or methods described in this rule if an owner and operator demonstrates that the alternative method is no less protective of human health and the environment than the method or requirement specified in this rule, and the state fire marshal approves the alternative method in writing prior to the use of the method. If the alternative method is approved, the owner and operator shall comply with any terms and conditions imposed on its use by the state fire marshal.

Replaces: 1301:7-9-06, 1301:7-9-08

Effective: 05/16/2011
R.C. 119.032 review dates: 05/16/2016
Promulgated Under: 119.03
Statutory Authority: 3737.88
Rule Amplifies: 3737.88
Prior Effective Dates: 6/6/85, 5/9/88, 11/5/90, 1/1/97, 3/31/99, 3/1/05, 12/31/05

1301:7-9-07 Release detection methods and requirements for UST systems.

(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 release detection requirements and methods for underground storage tanks (UST) containing petroleum or other regulated substances. This rule is adopted by the state fire marshal in compliance with Chapter 119. of the Revised Code and shall not be considered a part of the "Ohio Fire Code." The following UST systems are exempt from this rule:

(1) Wastewater treatment tank systems;

(2) Any UST systems containing radioactive material that are regulated under the Atomic Energy Act of 1954 ( 42 U.S.C. 2014 and following);

(3) Any UST system that is part of an emergency generator system at nuclear power generation facilities regulated by the United States nuclear regulatory commission;

(4) Airport hydrant fuel distribution systems; and

(5) UST systems with field-constructed tanks.

(B) Release detection requirements for new UST systems.

(1) New USTs shall be equipped and monitored for releases at least every thirty days using interstitial monitoring pursuant to paragraph (D)(1)(d) of this rule.

(2) Underground piping that routinely contains regulated substances that is part of a new UST system shall be equipped and monitored for releases pursuant to paragraphs (D)(2)(b) to (D)(2)(c)(iii)(c) of this rule except that:

(a) Underground piping that conveys petroleum under suction shall be equipped and monitored for releases pursuant to paragraph (D)(2)(d) of this rule; and

(b) A manifold that conveys petroleum under suction between tanks does not have to meet the interstitial monitoring requirements as described in paragraph (D)(2)(b) of this rule.

(3) Containments that are part of a new UST system shall be equipped and monitored for releases pursuant to paragraph (D)(3) of this rule.

(4) New UST systems containing motor or aviation petroleum fuels are not required to be monitored using product inventory control as described in paragraph (D)(1)(a) of this rule.

(5) New UST systems that store fuel for use by emergency power generators shall comply with release detection requirements pursuant to paragraphs (B)(1) to (B)(3) of this rule.

(6) If a method of UST release detection authorized in paragraph (B)(1) of this rule is found to be defective, owners and operators shall immediately cause the method of release detection to undergo routine maintenance, modification or major repair.

(a) While the method of release detection undergoes routine maintenance, modification or major repair, owners and operators may use product inventory control or automatic tank gauging in accordance with paragraph (D)(1)(a) or (D)(1)(c) of this rule in order to meet the requirements of paragraphs (B)(1) of this rule.

(b) Owners and operators may use product inventory control or automatic tank gauging in accordance with paragraph (D)(1)(a) or (D)(1)(c) of this rule for a period of up to sixty days after the last passing result obtained in accordance with paragraphs (B)(1) of this rule. Afterwards, owners and operators shall take the UST system out of service in accordance with rule 1301:7-9-12 of the Administrative Code until such time as the routine maintenance, modification or major repair of the release detection method is complete.

(7) If an automatic tank gauge is found not to be defective, but cannot conduct a successful release detection test during a thirty day period due to low levels of regulated substance in the UST, owners and operators may use product inventory control in accordance with paragraph (D)(1)(a) of this rule as a method of UST release detection for a period of up to ninety days after the last passing result obtained in accordance with paragraph (C)(1)(a) of this rule.

(8) If an owner and/or operator elects to equip an UST system in a manner that exceeds the requirements of this rule, the owner and/or operator is only required to maintain the UST system to the extent required by this rule.

(9) Other methods of release detection may be used for tanks, piping and containments pursuant to paragraph (D)(4) of this rule.

(C) Release detection requirements for existing UST systems.

(1) Existing UST systems shall be equipped and monitored for release in accordance with the following:

(a) Existing USTs shall be equipped and monitored for releases at least every thirty days pursuant to paragraph (D)(1)(c) or (D)(1)(d) of this rule except that:

(i) Existing tanks with a capacity of five hundred fifty gallons or less may use manual tank gauging in compliance with paragraph (D)(1)(b) of this rule as the sole method of release detection; and

(ii) Existing tanks with a capacity of five hundred fifty-one to two thousand gallons that contain new or used oil may use manual tank gauging in compliance with paragraph (D)(1)(b) of this rule as a method of release detection provided that a tank tightness test is performed in accordance with paragraph (F)(1)(a) of this rule once every five years.

(b) Existing underground piping that routinely contains regulated substances shall be equipped and monitored for releases pursuant to paragraphs (D)(2)(a) to (D)(2)(d)(ii)(b) of this rule except that:

(i) Existing piping associated with UST systems installed prior to March 1, 2005, does not have to meet the interstitial monitoring requirements as described in paragraph (D)(2)(b) of this rule.

(ii) Existing underground piping that conveys regulated substances under suction shall be equipped and monitored for releases pursuant to paragraph (D)(2)(d) of this rule; and

(iii) An existing suction manifold between tanks does not have to meet the interstitial monitoring requirements as described in paragraph (D)(2)(b) of this rule.

(c) Existing containments shall be equipped and monitored for releases pursuant to paragraph (D)(3) of this rule except existing containments associated with UST systems installed prior to March 1, 2005, are not required to meet the release detection requirements of paragraph (D)(3) of this rule and shall instead be equipped and monitored pursuant to paragraphs (D)(6) to (D)(6)(a)(iii) of rule 1301:7-9-06 of the Administrative Code.

(i) Containments associated with UST systems installed prior to March 1, 2005, that undergo work pursuant to paragraph (C)(7) of rule 1301:7-9-06 of the Administrative Code shall comply with paragraph (C)(8)(a) of this rule.

(2) Existing UST systems containing hazardous substances as defined in rule 1301:7-9-03 of the Administrative Code shall be equipped and monitored for a releases of a hazardous substance as defined in paragraphs (B)(1) and (B)(2) of rule 1301:7-9-03 of the Administrative Code pursuant to the new UST system requirements defined in paragraph (B) of this rule except that:

(a) Existing containments originally configured with one release detection sensor located at the lowest point of the secondary containment system are not required to have sensors in every containment; and

(b) Existing underground piping and manifolds that convey hazardous substance under suction shall be equipped and monitored for releases pursuant to paragraph (B)(2) of this rule.

(3) Existing UST systems located in sensitive areas as defined in rule 1301:7-9-09 of the Administrative Code shall be equipped and monitored for releases pursuant to the new UST system requirements defined in paragraph (B) of this rule except that:

(a) Automatic line leak detectors are no longer required to be designed with a limited restart capability that automatically prevents the operator from restarting the flow of regulated substances more than once.

(b) Existing containments originally configured with one release detection sensor located at the lowest point of the secondary containment system are not required to have sensors in every containment.

(c) Existing UST systems that were installed in sensitive areas before the effective dates listed in paragraphs (C) to (E) of rule 1301:7-9-09 of the Administrative Code shall be equipped to be monitored for releases pursuant to the existing UST requirements of paragraph (C)(1) of this rule.

(4) Owners and operators using soil gas monitoring or ground water monitoring as the sole method of release detection for USTs and piping were required to comply with one of the release detection methods as provided in paragraph (D)(1)(c) or (D)(1)(d) of this rule by December 31, 2005. Owners and operators may request to continue using said methods of release detection or request to use an alternative method provided that the owner and operator receives written approval from the state fire marshal pursuant to paragraph (D)(4) of this rule.

(5) Existing UST systems containing motor or aviation petroleum fuels are no longer required to be monitored daily using product inventory control as described in paragraph (D)(1)(a) of this rule.

(6) Existing UST systems that store fuel for use by emergency power generators are not required to be equipped with release detection pursuant to paragraphs (B)(1) to (B)(3) of this rule unless the UST systems undergoes work pursuant to paragraph (C)(7) of rule 1301:7-9-06 of the Administrative Code.

(7) If a method of UST release detection authorized in paragraph (C)(1)(a) of this rule is found to be defective, owners and operator shall comply with paragraphs (B)(6)(a) to (B)(6)(b) of this rule and may use product inventory control as a method of UST release detection.

(8) If work is performed on an existing UST system in order to meet the requirements of paragraph (C)(7) of rule 1301:7-9-06 of the Administrative Code, then the UST, piping or containments affected by the work shall meet the release detection requirements for new UST systems as described in paragraphs (B)(1) to (B)(3) of this rule except that:

(a) Containments for existing UST systems installed prior to March 1, 2005, are not required to meet the release detection requirements of paragraph (C)(8) of this rule until fifty per cent or more of the containments at the UST site undergo work pursuant to paragraph (C)(7) of rule 1301:7-9-06 of the Administrative Code.

(9) If an automatic tank gauge is found not to be defective, but cannot conduct a successful release detection test during a thirty day period due to low levels of regulated substance in the UST, owners and operators may use product inventory control in accordance with paragraph (D)(1)(a) of this rule as a method of UST release detection for a period of up to ninety days after the last passing result obtained in accordance with paragraph (C)(1)(a) of this rule.

(10) If an owner and/or operator elects to equip an UST system in a manner that exceeds the requirements of this rule, the owner and/or operator is only required to maintain the UST system to the extent required by this rule.

(11) Other methods of release detection may be used for tanks, piping and containments pursuant to paragraph (D)(4) of this rule.

(D) Methods, operation and maintenance of release detection systems on UST systems.

(1) UST release detection.

Owners and/or operators should carefully review the release detection requirements described in paragraphs (B) and (C) of this rule in order to determine which of the following methods apply to their UST system.

(a) Daily product inventory control shall be conducted as described in "American Petroleum Institute 1621-01; Recommended Practice for Bulk Liquid Stock Control of Retail Outlets."

(i) Inventory from UST systems shall be reconciled monthly. If the reconciliation for any month indicates an overage or shortage equal to or greater than one per cent of flow-through plus one hundred thirty gallons, owners and operators shall investigate the inventory discrepancy as described in "American Petroleum Institute 1621-01 Recommended Practice for Bulk Liquid Stock Control of Retail Outlets."

(ii) If inventory discrepancies occur for two consecutive months, owners and operators shall perform an investigation in accordance with all of the following:

(a) Conduct a tightness test of the UST system in accordance with paragraph (F) of this rule within seven days of discovery of the discrepancy; and

(b) Report any failure of a tightness test to BUSTR as a suspected release. A release is suspected and subject to the reporting requirements of sections 3737.88 and 3737.882 of the Revised Code and this chapter of the Administrative Code if a tightness test leak rate exceeds the amount designated for the testing method. Passing tightness test results do not have to be reported to the state fire marshal.

(iii) Gauging sticks and charts used in the performance of daily product inventory control as described in paragraph (D)(1)(a) of this rule shall be designed for the UST being measured and shall be maintained in working order.

(b) Manual tank gauging shall be conducted weekly and comply with the following requirements:

(i) Tank liquid level measurements shall be taken at the beginning and end of a time period of at least thirty-six hours during which no liquid is added to or removed from the tank;

(ii) Level measurements are based on an average of two consecutive stick readings at both the beginning and ending of the period;

(iii) The equipment used is capable of measuring the level of product over the full range of the tank's height to the nearest one-eighth of an inch; and

(iv) A release is suspected and subject to the reporting requirements of sections 3737.88 and 3737.882 of the Revised Code and this chapter of the Administrative Code if the variation between the beginning and ending measurements exceeds the weekly or monthly standards in the following table:

Tank Capacity Weekly Standard (One test) Monthly Standard (Average of four tests)
550 gallons or less 10 gallons 5 gallons
551-1,000 gallons 13 gallons 7 gallons
1,001-2,000 gallons 26 gallons 13 gallons

(v) Gauging sticks and charts used in the performance of manual tank gauging as described in paragraph (D)(1)(b) of this rule shall be designed for the UST being measured and shall be maintained in working order.

(c) Equipment for automatic tank gauging that tests for the loss of regulated substance and conducts inventory control shall comply with the following requirements:

(i) Equipment for automatic tank gauging shall perform one of the following:

(a) An in-tank leak test capable of detecting a two tenth of a gallon per hour leak rate from any portion of the tank at least once every thirty days: or

(b) Continuous statistical leak detection capable of detecting a two-tenth of a gallon per hour leak rate from any portion of the tank once every thirty days.

(ii) A release is suspected and subject to the reporting requirements of sections 3737.88 and 3737.882 of the Revised Code and this chapter of the Administrative Code if a two-tenth of a gallon per hour leak rate is detected from any portion of the tank.

(iii) Equipment for automatic tank gauging, including probes, sensors and monitoring units, shall be evaluated annually by a qualified person as described in paragraph (D)(5) of this rule to confirm proper calibration and operation in accordance with the manufacturer's requirements.

(d) Monitoring of the interstice of a secondarily contained UST shall comply with the following requirements:

(i) Monitoring of the interstitial space shall be performed at least once every thirty days;

(ii) A secondarily contained UST shall have an interstitial monitoring method that can detect a release through the inner wall or a failure of the outer wall in any portion of the tank that routinely contains a regulated substance;

(iii) A release is suspected and subject to the reporting requirements of sections 3737.88 and 3737.882 of the Revised Code and this chapter of the Administrative Code if any regulated substance is detected between the inner and outer wall, or if the outer wall fails; and

(iv) Equipment for interstitial monitoring, including probes, sensors and monitoring units, shall be evaluated annually by a qualified person as described in paragraph (D)(5) of this rule to confirm proper calibration and operation in accordance with the manufacturer's requirements.

(2) Piping release detection.

Owners and/or operators should carefully review the release detection requirements described in paragraphs (B) and (C) of this rule in order to determine which of the following methods apply to their UST system.

(a) Single wall piping that routinely contains regulated substances shall be monitored pursuant to paragraphs (D)(2)(c) to (D)(2)(d)(ii)(b) of this rule.

(b) Secondarily contained piping that routinely contains regulated substances shall be monitored pursuant to paragraphs (D)(2)(c) to (D)(2)(d)(ii)(b) of this rule, and the interstice of the secondarily contained piping shall be continuously monitored for releases using one of the following methods:

(i) The sampling or testing method can detect a two-tenth of a gallon per hour leak rate from any portion of the inner or outer wall of the piping that routinely contains a regulated substance. A release is suspected and subject to the reporting requirements of sections 3737.88 and 3737.882 of the Revised Code and this chapter of the Administrative Code if a two-tenth of a gallon per hour leak rate is detected from any portion of the piping, or

(ii) The piping terminates or transitions in containments and the sampling or testing method can detect a release from any portion of the inner wall of the piping that routinely contains a regulated substance pursuant to paragraph (D)(3) of this rule.

(c) Requirements for pressure piping:

(i) Underground piping that conveys regulated substances under pressure shall be equipped with an automatic line leak detector attached to the piping that will alert the operator to the presence of a leak by restricting or shutting off the flow of regulated substances through the piping or triggering an audible or visual alarm if the automatic line leak detector detect a leak of three gallons per hour at ten pounds per square inch line pressure within one hour. The owner and operator is permitted to restart the flow of regulated substances only once to verify the presence of a piping leak or an equipment malfunction. If the flow of regulated substance is restricted or shut off or in the event of an audible or visual alarm within two hours of a restart by an operator, a release is suspected and subject to the reporting requirements of sections 3737.88 and 3737.882 of the Revised Code and this chapter of the Administrative Code.

(ii) Automatic line leak detectors shall be tested annually by a qualified person pursuant to paragraph (D)(5) of this rule to confirm proper calibration and operation in accordance with the following:

(a) Automatic line leak detectors shall be tested in a manner that introduces a simulated leak into the product line between the tank and the dispenser, and the automatic line leak detector functions within design specifications and the flow of product is restricted, stopped or an alarm is activated; and

(b) Automatic line leak detectors that fail a test method shall undergo routine maintenance, modification or major repair, as appropriate, to restore the automatic line leak detectors to working order.

(iii) Underground piping that conveys regulated substances under pressure shall meet one of the following:

(a) Have an annual tightness test conducted in compliance with paragraph (F)(2)(a) of this rule;

(b) Have a monthly tightness test conducted by the on-site electronic line testing unit as described in paragraph (D)(2)(c) of this rule provided that the unit can detect a two-tenth of a gallon per hour leak rate at operating pressure; or

(c) Be a part of secondarily contained piping system whereby the interstice of the piping is continuously monitored pursuant to paragraph (D)(2)(b)(i) or (D)(2)(b)(ii) of this rule.

(d) Requirements for suction pumping:

(i) Underground piping that conveys regulated substances under suction shall be monitored for loss of vacuum indicated by an inability to dispense regulated substances or erratic operation of the pump. Within twenty-four hours of an UST owner and operator suspecting a loss of vacuum, the owner and operator shall initiate an investigation of the cause of the loss of vacuum. If an owner and operator is unable to make a determination of the loss of vacuum, then the loss of vacuum shall be considered a suspected release as defined in paragraph (C) of rule 1301:7-9-13 of the Administrative Code and the owner and operator shall comply with paragraph (F)(2) of rule 1301:7-9-13 of the Administrative Code. If the loss of vacuum is determined to be due to a leaking component, it shall constitute a release as defined in paragraph (C) of rule 1301:7-9-13 of the Administrative Code and the owner and operator shall comply with paragraph (F) of rule 1301:7-9-13 of the Administrative Code.

(ii) Underground piping that conveys regulated substances under suction shall meet one of the following:

(a) Have a tightness test conducted every thirty-six month period in compliance with paragraph (F)(2)(a) of this rule; or

(b) Demonstrate compliance with the following safe suction requirements:

(i) The underground piping operates at less than atmospheric pressure;

(ii) The underground piping is sloped so that the contents of the pipe will drain back into the tank if the suction is released;

(iii) Only one check valve is included in each suction line;

(iv) The check valve is located directly below and as close as practical to the suction pump; and

(v) A method is provided that allows compliance with paragraphs (D)(2)(b)(i) to (D)(2)(b)(iv) of this rule to be readily determined.

(e) Above ground piping that routinely contains regulated substances that is fully visible to inspection is not required to be equipped with release detection. If a portion of the above ground piping is located below ground and the piping can not be easily accessed for visual inspection, then the piping must be equipped and monitored for releases release pursuant to paragraph (D)(2) of this rule.

(3) Release detection methods for containments:

Owners and/or operators should carefully review the release detection requirements described in paragraphs (B) and (C) of this rule in order to determine which of the following methods apply to their UST system.

(a) When required, containments shall be continuously monitored with sensors capable of detecting a release of a regulated substance before the release reaches the lowest penetration in the containment system. Sensors shall be located in every containment

(b) Any alarm from a sensor in any containment system shall be evaluated within twenty four hours to confirm proper operation or to confirm the presence of a release. A release is suspected and subject to the reporting requirements of sections 3737.88 and 3737.882 of the Revised Code and this chapter of the Administrative Code if any regulated substance is detected in the containment sump.

(c) The following containments shall be tested for tightness every three years in accordance with paragraph (F)(3) of this rule.

(i) All containments installed on new UST systems after March 1, 2005;

(ii) As of December 31, 2005, all containments associated with UST systems containing hazardous substances pursuant to rule 1301:7-9-03 of the Administrative Code; and

(iii) As of December 31, 2005, all containments associated with UST systems that were installed in areas designated as sensitive areas after the effective dates listed in paragraphs (C) to (E) of rule 1301:7-9-09 of the Administrative Code.

(d) Release detection equipment for containments, including probes, sensors and monitoring units, shall be evaluated annually by a qualified person as described in paragraph (D)(5) of this rule to confirm proper calibration and operation in accordance with the manufacturer's requirements.

(4) Any other type of release detection method, or combination of methods, can be used if approved in writing by the state fire marshal pursuant to the following:

(a) The method can detect a two-tenths of a gallon per hour leak rate with a probability of detection of 0.95 and a probability of falsely indicating a release of 0.05; or the owner and operator can demonstrate the method can detect a release as effectively as any of the corresponding methods allowed in paragraphs (D)(1)(c) to (D)(3)(d) of this rule. In comparing methods, the state fire marshal shall consider the size of release that the method can detect and the frequency and reliability with which it can be detected. The state fire marshal may approve, deny or rescind the method at his discretion. If the method is approved, the owner and operator shall comply with any terms and conditions imposed by the state fire marshal on its use;

(b) A release is suspected and subject to the reporting requirements of sections 3737.88 and 3737.882 of the Revised Code and this chapter of the Administrative Code if a release exceeds the leak rates established for the method approved by the state fire marshal; and

(c) Any method of release detection allowed by paragraph (D)(4) of this rule detection shall be properly monitored, operated and maintained in accordance with any terms and conditions imposed by the state fire marshal on its use. At a minimum, the method shall produce a result at least every thirty days and the method shall be maintained and operated in accordance with the manufacturer's requirements unless the state fire marshal specifies otherwise.

(5) Release detection methods described in paragraphs (D)(1)(c) to (D)(4)(c) of this rule shall be evaluated for proper operation by a qualified person who is:

(a) Recognized by the manufacturer of the release detection method to be proficient in the evaluation of the release detection method;

(b) Recognized by a third party approved by the state fire marshal to be proficient in the evaluation of the release detection method; or

(c) Recognized by the state fire marshal as proficient in the evaluation of the release detection method.

(6) All methods of release detection shall be properly installed in accordance with the manufacturer's instructions and either "Petroleum Equipment Institute Publication RP100-2005; Recommended Practices for Installation of Underground Liquid Storage Systems" or "American Petroleum Institute Publication 1615-01; Installation of Underground Petroleum Storage Systems." Where there is a conflict between requirements the more protective requirement shall prevail.

(E) Release detection recordkeeping.

UST system owners and operators shall maintain records demonstrating compliance with this chapter, and these records shall be maintained pursuant to the following:

(1) All written performance claims pertaining to any release detection system used, and the manner in which these claims have been justified or tested by the equipment manufacturer or installer, shall be maintained for the life of the UST system and for two years after the closure of the UST system in compliance with this chapter;

(2) The results of any sampling, testing, or monitoring shall be maintained for at least two years;

(3) Written documentation of all calibration, maintenance, and repair of release detection equipment permanently located at the facility, and any schedules of required calibration and maintenance provided by the release detection equipment manufacturer shall be retained for the life the equipment and for two years there after;

(4) Owners and operators shall provide the state fire marshal access to all records with twenty-four hours of a request; and

(5) Within thirty days of transfer of ownership of an UST system, the transferor shall provide the transferee with all records identified in paragraph (E) of this rule or with equivalent copies of said records.

(F) Testing methods for UST systems.

(1) Tightness testing for USTs.

(a) Tank tightness testing of the primary shell of both single wall and secondarily contained USTs shall be capable of detecting a one tenth of a gallon per hour leak rate from any portion of the primary shell while accounting for the effects of thermal expansion or contraction of the regulated substance, vapor pockets, tank deformation, evaporation or condensation, and the location of the water table.

(b) Tightness testing of the interstice of secondarily contained USTs shall be conducted in accordance with manufacturer's guidelines or standards, an applicable test method specified in an industry code or engineering standard, or a test method approved by the state fire marshal.

(2) Tightness testing for piping.

(a) Piping tightness testing of single wall pipe and the primary or inner pipe of secondarily contained pressure piping may be conducted only if it can detect a one-tenth of a gallon per hour leak rate at one and one-half times the operating pressure.

(b) Tightness testing of suction and other non-pressurized piping shall be conducted as follows:

(i) Piping that can be isolated from the UST shall be tested using a method capable of detecting a one-tenth of a gallon per hour leak rate at a minimum of fifteen pounds per square inch pressure.

(ii) Piping that can not be isolated from the UST shall be tested using a method capable of detecting a one-tenth of a gallon per hour leak rate.

(c) Tightness testing of the interstice of secondarily contained piping shall be conducted in accordance with the manufacturer's guidelines or standards, an applicable test method specified in an industry code or engineering standard, or a test method approved by the state fire marshal.

(3) Testing of containments

Testing of containments shall be performed as follows:

(a) For new containments, all penetrations must be completed prior to testing, including electrical;

(b) The containment system shall be filled with water or other approved liquid to a height that covers the highest penetration; and

(c) The test duration shall be sixty minutes with no drop in liquid levels or the method shall be capable of detecting a one tenth of a gallon per hour leak rate from the containment.

(4) All testing methods listed in paragraphs (F)(1)(a) and (F)(2)(a) of this rule shall be third party approved to perform in a manner where the method can detect a release at the designated release rate with a probability of detection of 0.95 and a probability of falsely indicating a release of 0.05. A release is suspected and subject to the reporting requirements of sections 3737.88 and 3737.882 of the Revised Code and this chapter of the Administrative Code if a leak rate exceeds the amount designated for the testing method.

(5) Testing shall be performed in accordance with the manufacturer's instructions, Petroleum Equipment Institute Publication RP100-2011; "Recommended Practices for Installation of Underground Liquid Storage Systems" and American Petroleum Institute Publication 1615-01; "Installation of Underground Petroleum Storage Systems." Where there is a conflict between requirements the more protective requirement shall prevail.

(6) No pressure testing with air shall be performed on a component of an UST system that has contained a flammable regulated substance or flammable vapors. The manufacturer's instructions for the testing method shall be followed when using gases for the test method.

(7) All testing methods defined in paragraphs (F) to (F)(3)(c) of this rule shall be performed by a person who is:

(a) Recognized by the manufacturer of the tightness testing method to be proficient in performing the testing method;

(b) Recognized by a third party approved by the state fire marshal to be proficient in performing the tightness testing method; or

(c) Recognized by the state fire marshal to be proficient in performing the tightness testing method.

(G) General performance standards, permits, certified UST installers and inspectors.

(1) Any person performing work in accordance with this rule shall obtain a permit as required in paragraph (C) of rule 1301:7-9-10 of the Administrative Code prior to performing the work. All work performed pursuant to this rule shall be overseen by a certified UST installer and a certified UST inspector as required in paragraph (D) of rule 1301:7-9-10 of the Administrative Code.

(2) Prior to going into operation, a functionality test shall be performed on any new or existing UST system component that undergoes work requiring a permit under paragraph (G)(1) of this rule. The UST system shall not be placed into operation until a passing functionality result is obtained for the UST system component undergoing work.

(3) Performing work pursuant to this rule does not relieve a person engaged in UST activity from the obligation to comply with any other applicable federal, state, or local laws and regulations, including but not limited to, the Ohio Fire Code and the Ohio Building Code.

(4) Other release detection requirements and methods may be used in place of any requirements or methods described in this rule if an owner and operator demonstrates that the alternative method is no less protective of human health and the environment than the method or requirement specified in this rule, and the state fire marshal approves the alternative method in writing prior to the use of the method. If the alternative method is approved, the owner and operator shall comply with any terms and conditions imposed on its use by the state fire marshal.

Replaces: 1301:7-9-07, 1301:7-9-08

Effective: 05/16/2011
R.C. 119.032 review dates: 05/16/2016
Promulgated Under: 119.03
Statutory Authority: 3737.88
Rule Amplifies: 3737.88
Prior Effective Dates: 6/6/85, 5/9/88, 11/5/90, 1/1/97, 3/31/99, 3/1/05, 12/31/05

1301:7-9-08 [Rescinded] Operating requirements for UST systems.

Effective: 05/16/2011
R.C. 119.032 review dates: 11/24/2010
Promulgated Under: 119.03
Statutory Authority: 3737.88
Rule Amplifies: 3737.88
Prior Effective Dates: 6/6/85, 5/9/88, 11/5/90, 1/1/97, 3/31/99, 3/1/05, 12/31/05

1301:7-9-09 Sensitive areas.

(A) Purpose and scope.

For the purpose of prescribing rules pursuant to division (A)(2) of section 3737.88 of the Revised Code, the state fire marshal hereby adopts this rule to designate areas of this state as being sensitive for the protection of human health and the environment. This rule is adopted by the state fire marshal in accordance with Chapter 119. of the Revised Code and shall not be considered part of the "Ohio Fire Code."

(B) An area is defined as a sensitive area if the area meets one or more of the following criteria:

(1) The following areas associated with an aquifer declared by the federal government under the Safe Drinking Water Act ( 42 U.S.C. 300f to 300j26, as amended through January 7, 2011):

(a) Areas on Catawba island in Ottawa county;

(b) Areas in Guernsey county located within the following described boundaries:

Township Section(s)

T8N-R9W 4,5,6,7,8,9

"R" stands for range. "T" stands for township. "N" stands for north. "W" stands for west.

(c) Areas associated with the buried valley aquifer system of the Great Miami/Little Miami river basins of southwestern Ohio petitioned for by the Miami Valley regional planning commission of Dayton, Ohio as determined by the U.S. environmental protection agency at 53 Fed. Reg. 15876 (1988), located within the following described boundaries:

(i) Areas in Champaign county located within the following described boundaries:

Township Section(s)
R10T4 6, 12
R10T5 6, 12, 18, 30, 36
R10T6 24, 30, 36
R11T4 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 16, 17, 18, 22, 23,29, 30, 36
R11T5 1, 2, 3, 4, 5, 6, 7, 13, 18, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36
R11T6 19, 31, 32, 33, 34, 35, 36
R12T4 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 24, 25, 31
R12T5 1, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 29, 30, 31, 32, 33, 34, 35, 36
R13T4 1, 2, 3, 7, 8, 9, 13, 14, 15, 19, 20, 21, 25, 26, 27
R13T5 19, 20, 25, 26, 31, 32

"R" stands for range. "T" stands for township.

(ii) Areas in Clark county located within the following described boundaries:

Township Section(s)
R8T3 6, 12, 17, 18, 23, 24, 29, 30, 36
R9T3 1, 2, 7, 8, 13, 14, 19, 20, 21, 25, 26, 27, 28, 29, 30,31, 32, 33, 34,35, 36
R9T4 6, 10, 11, 12, 16, 17, 21, 22, 27, 31, 32, 33
R9T5 12, 18, 21, 22, 23, 24, 28, 29, 30
R10T4 1, 2, 3, 4, 5, 7, 8
R10T5 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 13, 14, 15, 17, 29, 33, 34, 35
R10T6 23, 28, 29, 33, 34, 35

"R" stands for range. "T" stands for township.

(iii) Areas in Greene county located within the following described boundaries:

Township Section(s)
R5T4 17, 18, 22, 23, 24, 30
R6T2 1, 2
R6T3 18, 24, 25, 26, 27, 28, 29, 30, 31, 32
R7T2 1, 2, 6, 8, 12
R7T3 2, 3, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 29, 30, 31, 32, 36
R7T4 18, 23, 24, 28, 29, 33, 34
R8T2 1, 2, 3, 7, 8
R8T3 10, 13, 14, 15, 16, 19, 20, 21, 22, 25, 26, 27, 28, 31, 32, 33, 34
R8T4 13

"R" stands for range. "T" stands for township.

Survey Tract(s)

386, 387, 389, 390, 417, 429, 432, 435, 438, 548, 571, 574, 576, 577, 598, 603, 616, 870, 904, 925, 929, 975, 1044, 1281, 1295, 1297, 1378, 1391, 1965, 2233, 2235, 2238, 2241, 2243, 2244, 2263, 2264, 2267, 2272, 2312, 2358, 2359, 2383, 2424, 2425, 2426, 2435, 2474, 2475, 2565, 2566, 3096, 3576, 3583, 3610, 3908, 3916, 4148, 4371, 4499, 4651, 4704, 4730, 4871, 9474, 10721, 12248

(iv) Areas in Logan county located within the following described boundaries:

Township Section(s)
R13T4 4, 5, 10, 16
R13T5 17, 21, 22, 23, 27, 28, 29, 33, 34, 35, 36

"R" stands for range. "T" stands for township.

Survey Tract(s)

4493, 4525, 9878, 10109, 10718, 10719, 12099

(v) Areas in Miami county located within the following described boundaries:

Township Section(s)
R9T1 6
R9T2 3, 4, 5, 6, 10, 11, 12, 17, 18, 23, 24, 30, 31, 32, 33, 34, 35, 36
R10T1 1, 2, 3, 4, 7, 8, 9, 10, 11, 12, 17, 18, 23, 24
R10T2 19, 25, 26, 31, 32, 33
R11T1 13, 17, 18, 19, 20, 23, 24, 26, 27
R12T1 19, 20, 25, 26, 27, 31, 32, 33
T7N-R4E 1, 2, 3, 10
T6N-R5E 12, 13
T4N-R6E 3, 4, 5, 6, 7, 10, 11, 14, 23, 24, 25, 26, 35, 36
T8N-R4E 36
T7N-R5E 17, 18, 19, 20, 28, 29, 30, 31, 32, 33
T5N-R6E 5, 8, 9, 16, 17, 20, 21, 22, 27, 28, 29, 31, 32, 33, 34
T6N-R6E 32
T7N-R6E 31, 32

"R" stands for range. "T" stands for township. "N" stands for north. "E" stands for east.

(vi) Areas in Montgomery county located within the following described boundaries:

Township Section(s)
R5T2 28, 29, 34, 35, 36
R6T1 3, 4, 5, 9, 10, 11, 12, 14, 15, 16, 17, 18, 21, 22, 25, 26, 27, 28, 31, 32
R7T1 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14
R7T2 13, 14, 17, 18, 20, 21, 22, 23, 24, 27, 28, 29, 30, 32, 33, 34, 35, 36
R8T1 2, 3, 4, 5
R8T2 13, 19, 25, 31, 32, 33, 34, 35, 36
T3N-R4E 1, 3, 4, 5, 10, 11, 12, 13, 14, 23, 24
T4N-R4E 1, 12, 17, 18, 19, 20, 21, 23, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35,36
T5N-R4E 26, 35, 36
T2N-R5E 2, 3, 7, 10, 15, 17, 18, 19, 20, 22, 23, 26, 27, 28, 29, 30
T3N-R5E 6, 7, 16, 17, 21, 24, 25, 26, 27, 28, 32, 33, 34, 35, 36
T4N-R5E 9, 10, 13, 14, 15, 16, 23, 24, 25
T5N-R5E 2, 3, 10, 11, 14, 15, 22, 23, 24, 25, 26, 36
T1N-R6E 3, 4, 5, 8, 17, 18, 19, 30
T2N-R6E 1, 2, 4, 5, 6, 8, 9, 11, 12, 13, 14, 15, 16, 19, 21, 22, 27, 28, 29, 30, 31, 32, 33, 34
T3N-R6E 1, 2, 11, 13, 14, 23, 24, 26, 30, 31, 32, 35

"R" stands for range. "T" stands for township. "N" stands for north. "E" stands for east.

(vii) Areas in Preble county located within the following described boundaries:

Township Section(s)
T6N-R2E 3, 9, 10, 15, 16
T4N-R3E 1, 2
T5N-R3E 2, 3, 4, 5, 9, 10, 11, 15, 22, 25, 26, 27, 34, 35, 36
T6N-R3E 3, 4, 32, 34
T7N-R3E 21, 22, 27, 28, 33, 34

"R" stands for range. "T" stands for township. "N" stands for north. "E" stands for east.

(viii) Areas in Shelby county located within the following described boundaries:

Township Section(s)
T9N-R5E 1, 2, 3, 9, 10, 11, 12, 13
T7N-R6E 5, 6, 7, 8, 17, 18, 19, 20, 29, 30
T8N-R6E 31, 32

"R" stands for range. "T" stands for township. "N" stands for north. "E" stands for east.

(d) Areas associated with the southern portion of the buried valley aquifer system of the Great Miami/Little Miami river basins of southwestern Ohio petitioned for by the Ohio-Kentucky-Indiana regional council of governments of Cincinnati, Ohio as determined by the U.S. environmental protection agency at 53 Fed. Reg. 25670 (1988), located within the following described boundaries:

(i) Areas in Butler county located within the following described boundaries:

Township Section(s)
R2T1 3, 4, 5, 6, 8, 9, 10, 11, 14, 15, 20
R3T1 1, 2, 3
R2T2 3, 4, 5, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 21, 22, 23, 24, 27, 28, 29, 30, 33, 34, 35, 36
R3T2 22, 26, 27, 28, 31, 32, 33, 34
R3T3 12
R4T1 1, 2, 3
R4T2 7, 8, 12, 13, 14, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 32, 33, 34
T3N-R2E 13, 14, 15, 22, 23, 24, 25, 26, 27, 28, 32, 33, 34, 35, 36
T1N-R3E 5, 6, 7, 8, 18
T5N-R1E 2, 11, 14, 23, 24, 25, 36
T4N-R2E 1, 12
T5N-R2E 25, 30, 31
T2N-R3E 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 20, 21, 22, 23, 24, 28, 29, 32
T3N-R3E 29, 30, 31, 32, 33, 34, 36
T1N-R4E 4, 5, 6, 7, 8, 18
T2N-R4E 1, 2, 10, 11, 12, 13, 14, 15, 21, 22, 27, 28, 29, 30, 31, 32, 33

"R" stands for range. "T" stands for township. "N" stands for north. "E" stands for east.

(ii) Areas in Clermont county located within the following described boundaries:

Survey Tract(s)

430, 590, 631, 1017, 1545, 1748, 1767, 2195, 4848

(iii) Areas in Hamilton county located within the following described boundaries:

Township Section(s)
R1T1 1, 2, 3, 4, 7, 8, 9
R1T2 28, 29, 30, 34
R1T3 1, 2, 3, 6, 7, 8, 9, 12
R1T4 24, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36
R1T5 13, 14, 17, 18, 19, 23, 26, 27, 28
R2T1 19, 25
R2T2 1, 7
R2T3 19, 25, 31
R2T4 13
T1N-R1E 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 15, 16, 17, 20, 21, 22, 27,28, 29, 30, 31, 32
T1N-R2E 6, 7
T2N-R1E 1, 2, 3, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 24, 25, 28, 29, 30, 32, 33, 36
T2N-R2E 3, 4, 5, 6, 7, 8, 9, 16, 17, 18, 19, 30, 31
FR1T1 5, 6
FR1T2 35, 36
FR1T4 12, 17, 18, 23, 24, 29, 30, 35
FR1T5 23, 24, 29, 30
FR2T1 5, 6, 11, 12, 17, 21, 22, 23, 24, 27, 31, 32, 33
FR2T3 1, 4, 5, 6, 10, 11, 12, 13, 16, 17, 18, 19, 20, 21, 22, 23, 25, 26, 27, 28
FR2T4 3, 9, 13, 14, 15, 16, 19, 20, 21, 22, 23, 25, 28, 29, 31, 34, 35, 36
FR2T5 18, 22, 23, 24, 28, 33, 34

"R" stands for range. "T" stands for township. "N" stands for north. "E" stands for east. "FR" stands for Fractional Range.

Survey Tract(s)

395, 410, 427, 535, 536, 552, 1575, 1723, 1769, 1775, 2204

(iv) Areas in Warren county located within the following described boundaries:

Township Section(s)
R2T4 10, 11, 12, 16, 17
R3T3 4, 5, 6
R3T4 1, 2, 5, 6, 7, 8, 10, 11, 12, 16, 17, 21, 22, 27, 28, 33,34, 35, 36
R3T5 7, 13, 19, 25, 31
R4T2 1, 2
R4T3 31
R4T4 4, 5, 6, 10, 11
R5T2 27, 31, 32, 33
R5T3 1
R5T4 20, 21, 25, 26, 31
T1N-R5E 3, 4, 5, 6, 7, 8
T2N-R5E 26, 27, 28, 29, 30, 31, 32, 33, 34

"R" stands for range. "T" stands for township. "N" stands for north. "E" stands for east.

Survey Tract(s)

399, 421, 520, 598, 631, 791, 1494, 1500, 1546, 1547, 1548, 2464, 2527

(e) Areas associated with the Allen county area combined aquifer system ("ACACAS") as petitioned for by Spencerville Dumpbusters, Inc. of Spencerville, OH as determined by the U.S. environmental protection agency at 57 Fed. Reg. 53111 (1992), located within the following described boundaries:

(i) Areas in Allen county located within the following described boundaries:

Township Section(s)
T2S R5E 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36
T2S R6E 31
T3S R4E 1, 2, 3, 10, 11, 12, 13, 14, 15, 22, 23, 24, 25, 26, 27, 34, 35, 36
T3S R5E 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21,22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36
T3S R6E 6, 7, 18, 19, 29, 30, 31, 32
T4S R4E 1, 2, 3, 10, 11, 12, 13, 14, 15
T4S R5E 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18
T4S R6E 4, 5, 6, 7, 8, 9, 17, 18, 19, 29, 30

"R" stands for range. "T" stands for township. "S" stands for south. "E" stands for east.

(ii) Areas in Auglaize county located within the following described boundaries:

Township Section(s)
T4S R4E 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36
T4S R5E 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36
T4S R6E 31, 32
T5S R4E 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 23, 24, 26
T5S R5E 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, 26, 27
T5S R6E 5, 6, 7, 8

"R" stands for range. "T" stands for township. "S" stands for south. "E" stands for east.

(iii) Areas in Mercer county located within the following described boundaries:

Township Section(s)
T4S R2E 1, 12, 13
T4S R3E 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17,18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36
T5S R3E 1, 2, 3, 4, 5, 10, 11, 12, 13, 14, 23, 24, 26

"R" stands for range. "T" stands for township. "S" stands for south. "E" stands for east.

(iv) Areas in Putnam county located within the following described boundaries:

Township Section(s)
T1S R4E 24, 25, 35, 36
T1S R5E 19, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36
T2S R5E 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17,18
T2S R6E 6

"R" stands for range. "T" stands for township. "S" stands for south. "E" stands for east.

(v) Areas in Van Wert county located within the following described boundaries:

Township Section(s)
T2S R4E 1, 2, 11, 12, 13, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36
T3S R3E 1, 10, 11, 12, 13, 14, 15, 16, 21, 22, 23, 24, 25, 26, 27, 28, 29, 31, 32, 33, 34, 35, 36
T3S R4E 4, 5, 6, 7, 8, 9, 16, 17, 18, 19, 20, 21, 28, 29, 30, 31, 32, 33
T4S R4E 4, 5, 6, 7, 8, 9, 16, 17, 18

"R" stands for range. "T" stands for township. "S" stands for south. "E" stands for east.

(f) Areas associated with the buried valley aquifer system of the Great Miami/Little Miami river basins of southwestern Ohio petitioned for by the Miami Valley regional planning commission of Dayton, Ohio as determined by the U.S. environmental protection agency at 53 Fed. Reg. 15876 (1988), and areas associated with the southern portion of the buried valley aquifer system of the Great Miami/Little Miami river basins of southwestern Ohio petitioned for by the Ohio-Kentucky-Indiana regional council of governments of Cincinnati, Ohio as determined by the U.S. environmental protection agency at 53 Fed. Reg. 25670 (1988), located within the following described boundaries:

(i) Areas in Butler county located within the following described boundaries:

Township Section(s)
R2T3 227, 28, 32, 33, 34
R4T2 15
T2N-R3E 30, 31
T2N-R4E 23, 24

"R" stands for range. "T" stands for township. "N" stands for north. "E" stands for east.

(ii) Areas in Hamilton county located within the following described boundaries:

Township Section(s)
R1T1 10
R1T5 20
R2T4 7
FR1T4 34
R3T4 7

"R" stands for range. "T" stands for township. "FR" stands for fractional range.

(iii) Areas in Montgomery county located within the following described boundaries:

Township Section (s)
R8T2 4, 5, 6

"R" stands for range. "T" stands for township.

(iv) Areas in Warren county located within the following described boundaries:

Township Section (s)
T1N-R5E 1, 2

"R" stands for range. "T" stands for township. "N" stands for north. "E" stands for east.

(2) The area is located within fifty horizontal feet of a private water supply well or developed spring not located on the same site as the UST system;

(3) The area is located within one of the following and is not located on the same site as the UST system:

(a) One hundred horizontal feet of a water supply well designated by Ohio environmental protection agency to be a public water supply and which has a net production rate of less than or equal to ten thousand gallons per day; or

(b) Two hundred horizontal feet of a water supply designated by Ohio environmental protection agency to be a public water supply and which has a net production rate of greater than ten thousand gallons per day to less than or equal to fifty thousand gallons per day; or

(c) Three hundred horizontal feet of a water supply designated by Ohio environmental protection agency to be a public water supply and which has a net production rate of greater than fifty thousand gallons per day.

(4) The area is located within a half-circle shaped area one thousand feet upstream of a public water supply surface water intake where the base line of the half-circle is perpendicular to the stream at the intake and has a diameter of two thousand feet, and where the midpoint of the base line is the intake, and where the radius of the half-circle is one thousand feet, unless the owner or operator demonstrates to the state fire marshal that the UST system is located or will be located in a surface water drainage area that is actually downstream of the intake.

(5) The area is located within two hundred horizontal feet of a lake or reservoir. To be considered a lake or reservoir for purposes of this paragraph the average surface area of the body of water must be a minimum of five acres.

(6) The area is located within one hundred horizonal feet of a man-made underground structure, tunnel or cavity used primarily for pedestrian traffic or passenger-carrying vehicles;

(C) An area is defined as a sensitive area if the area meets any of the criteria listed in paragraphs (B)(1)(a) to (B)(1)(d) or paragraphs (B)(2) to (B)(6) of this rule on or after September 1, 1992.

(D) An area is defined as a sensitive area if the area meets any of the criteria listed in paragraph (B)(1)(e) of this rule on or after March 31, 1999.

(E) An area is defined as a sensitive area if the area meets any of the criteria listed in paragraph (B)(1)(f) of this rule on or after March 1, 2005.

Effective: 07/01/2012
R.C. 119.032 review dates: 12/23/2011 and 03/15/2017
Promulgated Under: 119.03
Statutory Authority: 3737.88
Rule Amplifies: 3737.88
Prior Effective Dates: 9/1/92, 3/31/99, 3/1/05

1301:7-9-10 Permits for UST systems.

(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 permit requirements for underground storage tanks containing petroleum or other regulated substances. 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)

(C) Permits.

(1) A permit is required to perform all of the following activities on an UST system:

(a) Install;

(b) Remove;

(c) Close-in-place;

(d) Take out of service more than ninety days;

(e) Perform a change in service;

(f) Perform a major repair of an UST system that has caused a release; or

(g) Perform a modification of an UST system or component.

(2) A permit is not required to operate an UST system or perform routine maintenance or normal operational upkeep of an UST system.

(3) A permit must be obtained prior to any permit related activity taking place. The state fire marshal or the local fire agency that has been given delegated authority pursuant to rule 1301:7-9-15 of the Administrative Code having jurisdiction over the location where the activity is to take place may give verbal approval to allow permit related activity to be performed prior to the issuance of a permit on a case by case basis.

(4) Any person engaged in an activity requiring a permit shall submit a permit application form prescribed by the state fire marshal accompanied by any drawings or additional information required on the prescribed application form. A permit shall be obtained for any of the activities described in paragraph (C)(1) of this rule from the local fire agency that has been given delegated authority pursuant to rule 1301:7-9-15 of the Administrative Code having jurisdiction over the location where the activity is to take place. Otherwise, the permit shall be obtained from the fire marshal.

(a) The authority issuing the permit shall review the permit application and, if the authority determines that the proposed activity is in compliance with this rule and that the appropriate fee has been paid, the authority shall issue the permit. The authority may place upon the permit such terms and conditions as the authority determines to be necessary to bring the proposed activity into compliance with this chapter.

(b) Any permit issued under this paragraph shall not be construed as authority to violate any provision of this chapter.

(c) The state fire marshal may revoke any permit pursuant to Chapter 119. of the Revised Code if upon inspection any violation of this chapter exists, if conditions of a permit have been violated, or if there has been any false statement or misrepresentation as to a material fact on the permit application or supporting documentation.

(5) For permits obtained from the state fire marshal, the permit fee shall be thirty-five dollars for each location described in the permit application. Inspections conducted by a state fire marshal employee shall be billed at a rate of sixty dollars per hour for each hour or fraction thereof at the inspection location. The state fire marshal may bill the owner of the underground storage tank or the owner of the property where the underground storage tank is located. Permit and inspection fees for permits obtained from a local fire agency that has been delegated authority pursuant to rule 1301:7-9-15 of the Administrative Code shall be established by the local fire agency.

(6) No person shall operate any UST system or portion thereof upon which there are past due permit fees or inspection fees owed to the state fire marshal. Inspection fees will be considered past due if they are not actually received by the state fire marshal within thirty days of the date of the invoice. Nothing in this paragraph shall be construed to establish inspection fees charged by an UST inspector certified pursuant to rule 1301:7-9-15 of the Administrative Code.

(7) Obtaining a permit pursuant to this rule does not relieve a person engaged in underground storage tank activity from the obligation of obtaining any other applicable federal, state, or local permits. Nor does it relieve a person engaged in underground storage tank activity from the obligation of complying with any other applicable federal, state, or local laws and regulations.

(D) Certified UST installers and UST inspectors.

(1) All activity requiring a permit shall be supervised by an installer certified pursuant to rule 1301:7-9-11 of the Administrative Code. All activity requiring a permit shall be inspected by an employee of the state fire marshal or a certified UST inspector who has been certified by the state fire marshal to conduct such inspections pursuant to rule 1301:7-9-15 of the Administrative Code. No person shall operate any UST system or portion thereof until the activity requiring a permit has been inspected.

Effective: 07/01/2012
R.C. 119.032 review dates: 12/23/2011 and 03/15/2017
Promulgated Under: 119.03
Statutory Authority: 3737.88
Rule Amplifies: 3737.88
Prior Effective Dates: 9/1/92, 1/1/97, 3/31/99, 3/1/05

1301:7-9-11 Underground storage tank installer certification and training.

(A) Purpose and scope.

For the purpose of prescribing rules pursuant to section 3737.881 of the Revised Code, the state fire marshal hereby adopts this rule to establish underground storage tank installer certification and training requirements. This rule is adopted by the state fire marshal in accordance with Chapter 119. of the Revised Code and shall not be considered part of the "Ohio Fire Code".

(B) Supervising the following activities while being physically on site shall constitute supervision over the installation or replacement of UST systems:

(1) Preparation of the excavation immediately prior to receiving backfill and any component of the UST system;

(2) Setting of the UST system, including placement of any anchoring devices, backfilling to the level of the UST system, and strapping, if any;

(3) Any time during the installation in which components of the piping are connected, field coated, or cathodically protected;

(4) Any time during the installation of containment system components;

(5) All pressure testing of any component of the UST system;

(6) Completion of the backfilling and filling of the excavation; and

(7) The final precision test and the test of any release detection systems required by rule 1301:7-9-07 of the Administrative Code.

(C) Supervising the following activities while being physically on site shall constitute supervision over the performance of major repairs on site to UST systems where a release has occurred:

(1) The actual purging and excavation of existing UST systems, if applicable;

(2) The actual performance of major repairs to the UST system;

(3) Any time during the major repair project in which components of the piping are connected;

(4) Any time during the major repair project in which the UST or its associated piping is pressure tested;

(5) The major repair of piping valves, fill pipes, vents, leak detection devices, containment systems, cathodic protection systems or spill and overfill protection devices; and

(6) The final precision test and the test of any release detection systems required by rule 1301:7-9-07 of the Administrative Code, if applicable.

(D) Supervising the following activities while being physically on site shall constitute supervision over the closure-in-place of UST systems:

(1) The cleaning and purging of the UST system;

(2) The filling with an inert solid material of the UST system;

(3) All testing associated with the cleaning and purging processes; and

(4) Any time during the closure-in-place in which components of the UST system are disconnected or capped.

(E) Supervising the following activities while being physically on site shall constitute supervision over the removal of UST systems:

(1) The cleaning and purging of the UST system;

(2) The actual excavation and removal of the UST system or any of its components;

(3) All testing associated with the cleaning and purging processes;

(4) Any time during the removal in which components of the UST system are disconnected or capped; and

(5) The final disposition of the UST system before the UST system leaves the site.

(F) Supervising the following activities while being physically on site shall constitute supervision over the performance of modifications on site to UST system components:

(1) The actual purging and excavation of existing UST systems, if applicable;

(2) The actual performance of modifications of any components ;

(3) Any time during the modification project in which components of the piping are connected;

(4) Any time during the modification project in which the UST or its associated piping is pressure tested; and

(5) The final precision test and the test of any release detection systems required by rule 1301:7-9-07 of the Administrative Code, if applicable.

(G) Supervising the following activities while being physically on site shall constitute supervision over the placing of an UST system out of service for more than ninety days or the performance of a change in service of an UST system:

(1) The emptying, capping and securing of an UST, piping and ancillary equipment as part of placing an UST system out of service for more than ninety days pursuant to paragraph (E)(3) of rule 1301:7-9-12 of the Administrative Code; or

(2) The purging and cleaning of an UST system and the removal or closure-in-place of piping and ancillary equipment, if applicable, as part of a change in service pursuant to paragraph (H) of rule 1301:7-9-12 of the Administrative Code.

(H) General installer requirements.

(1) Certified installers shall supervise work in a manner that minimizes the release of regulated substances from UST systems and minimizes the build-up hazardous vapors in association with work performed on UST systems. Certified installers shall not assign work activities to unqualified persons.

(2) Certified installers shall have a copy of their current certificate issued by the state fire marshal at the location where they are supervising work. Upon request of a fire official, certified installers shall make their current certificate available for inspection by the fire official.

(3) Any person performing work in accordance with this chapter shall obtain a permit as required in paragraph (C) of rule 1301:7-9-10 of the Administrative Code prior to performing the work. All work performed pursuant to this chapter shall be overseen by certified UST installer and a certified UST inspector as required in paragraph (D) of rule 1301:7-9-10 of the Administrative Code. No certified UST installer shall interfere with or obstruct an employee of the state fire marshal or a certified UST inspector performing an inspection required by rule 1301:7-9-15 of the Administrative Code.

(4) Regardless of the circumstances, certified installers shall immediately secure an UST system in a safe manner and cease all UST related work if directed to do so by an inspector certified pursuant to rule 1301:7-9-15 of the Administrative Code or an employee of the state fire marshal. UST related work shall not resume until approval is given by the state fire marshal.

(I) Application requirements.

Any person who wishes to apply for installer certification shall meet all of the following application requirements:

(1) The applicant shall submit an application to the state fire marshal, on a form furnished by the state fire marshal, accompanied by a non-refundable fee of one hundred fifty dollars;

(2) The applicant shall be an individual and shall be at least eighteen years of age;

(3) The applicant need not be a resident of Ohio. If the applicant is not a resident of Ohio, the applicant shall provide an irrevocable consent to legal service from Ohio on a form prescribed and furnished by the state fire marshal.

(4) The applicant shall demonstrate that he is in good standing with all licensing authorities by whom licensing is required, given the nature and scope of the applicant's work, and that he has not had a business or occupational license or certificate suspended or revoked in this or any other state. The state fire marshal may issue a certificate to an applicant who has had a business or occupational license or certificate suspended or revoked where the suspension or revocation, by reason of its date or nature, is not directly related to the applicant's competence to install, perform major repairs on site to, close-in-place, or remove UST systems. The state fire marshal may check with other certification or licensing boards with which the applicant is registered to confirm the absence of violations of federal, state, or local laws and regulations relating to the applicant's ability to supervise the installation of, performance of major repairs on site to, closure-in-place of , or removal of UST systems in a competent manner.

(5) The applicant shall supply the state fire marshal with three business references who can verify the applicant's experience in the installation of, performance of major repairs on site to, closure-in-place of, or removal of UST systems.

(6) The applicant shall demonstrate that he meets one of the following:

(a) Has obtained a certificate of completion from an installer training program pursuant to paragraph (M)(3) or (M)(9) of this rule and has, within two years immediately prior to making application, participated in the installation of, performance of major repairs on site to, closure-in-place of, or removal of three UST systems or, with approval of the state fire marshal, similar experience in closely related UST system work;

(b) Is a registered professional engineer and has, within two years immediately prior to making application, participated in the installation of, performance of major repairs on site to, closure-in-place of , or removal of six UST systems or, with approval of the state fire marshal, similar experience in closely related UST system work;

(c) Within two years immediately prior to making application, participated in the installation of, performance of major repairs on site to, closure-in-place of, or removal of twelve UST systems or, with approval of the state fire marshal, similar experience in closely related UST system work. Of the participation, six shall have involved the installation of UST systems.

(7) The applicant shall complete the examination requirements of paragraph (J) of this rule.

(J) Examination requirements.

(1) The applicant shall submit payment of a twenty-five dollar non-refundable fee at the time of application.

(2) The examination shall be a written multiple-choice examination covering all aspects of the installation, major repair, closure-in-place, removal, modification, placing out of service, performing a change in service, and performing evaluations of leak detection equipment of underground storage tank systems. The examination shall consist of two parts, the first testing the applicant's knowledge of provisions of the sections 3737.88 to 3737.882 of the Revised Code and this chapter of the Administrative Code, and the second testing the applicant's knowledge of current technological and industry recommended practices with respect to the proper installation, major repair, closure-in-place, removal, modification, placing out of service, performing a change in service, and performing evaluations of leak detection equipment of UST systems. An applicant may request permission to take the examination in oral form, good cause shown.

(3) To satisfactorily pass the examination, the applicant shall obtain a minimum score of seventy-five per cent on each of the two parts of the exam. Any applicant who fails the examination may request re-examination upon payment of a non-refundable twenty-five dollar fee. An application will remain pending for that purpose for a period of one year after the date the application was submitted. If the applicant has not requested re-examination within the one year period, the applicant must file a new application for certification with the state fire marshal.

(4) The examination shall be offered by the state fire marshal at least six times a year at such places as the state fire marshal determines. The state fire marshal shall announce the time and location of an examination at least twenty days in advance of the exam and shall, at least seven days in advance of the exam, provide notice of the exam to all persons who have completed applications for certification since the date of the previous examination. Only persons who have filed applications in accordance with paragraph (I)(1) of this rule and submitted the fee pursuant to paragraph (J)(1) of this rule are eligible to take the examination.

(5) All examinations will be graded and the applicants notified of the results within twenty days of the date of the examination. Examination papers will not be returned to the applicant, but may be reviewed by the applicant at the office of the state fire marshal or alternate locations as approved by the state fire marshal.

(6) At the time the application is filed, the state fire marshal shall furnish the applicant with a set of instructions to assist the applicant in preparing for the examination. Instruction sheets will refer the applicant to appropriate laws and regulations and industry publications, including, but not limited to, the references listed in this chapter of the Administrative Code.

(K) New certification procedures.

(1) The state fire marshal shall issue an installer certificate to each applicant who meets the requirements of paragraphs (I) to (J)(3) of this rule. The certificate shall be valid from the time of issuance by the state fire marshal to the renewal date.

(2) The application for an installer certification shall be denied by the state fire marshal pursuant to Chapter 119. of the Revised Code when any of the following occur:

(a) The applicant failed to provide the information required by the application form prescribed by the state fire marshal;

(b) The applicant failed to provide the fee required for application and examination;

(c) The applicant failed to comply with paragraph (I)(6) of this rule;

(d) The applicant failed to obtain a minimum score of seventy-five per cent on each of the two parts of the exam administered pursuant to paragraph (J)(2) of this rule;

(e) The applicant is not in good standing with all licensing authorities as provided in paragraph (I)(4) of this rule; or

(f) The applicant made a misrepresentation or submitted false statements with the application.

(L) Renewal of certification.

(1) Certificates issued by the state fire marshal pursuant to paragraph (K)(1) of this rule shall be renewed annually by the installer. Any installer who wishes to apply for installer certification renewal shall meet all of the following renewal requirements:

(a) Prior to the expiration date of their installer certification, submit an installer certification renewal application to the state fire marshal, on a form prescribed by the state fire marshal, accompanied by a non-refundable fee of one hundred fifty dollars;

(b) Demonstrate in a manner prescribed by the state fire marshal attendance at a minimum of eight hours of state fire marshal-approved continuing installer education within the previous twelve months; and

(c) Demonstrate that he is in good standing with all licensing authorities by whom licensing is required, given the nature and scope of the installer's work, and that he has not had a business or occupational license or certificate suspended or revoked in this or any other state. The state fire marshal may renew a certificate for an installer who has had a business or occupational license or certificate suspended or revoked where the suspension or revocation, by reason of its date or nature, is not directly related to the installer's competence to install, perform major repairs on site to, close-in-place, remove, modify, place out of service, perform a change in service, or perform evaluations of leak detection equipment of UST systems. The state fire marshal may check with other certification or licensing boards with which the installer is registered to confirm the absence of violations of federal, state, or local laws and regulations relating to the installer's ability to supervise the installation of, performance of major repairs on site to, closure-in-place of, removal of, modification of, placing out of service of, performing a change in service of, or performing evaluations of leak detection equipment of UST systems in a competent manner.

(2) Upon a determination by the state fire marshal that during the calendar year substantial changes have been made to sections 3737.87 to 3737.882 of the Revised Code, this chapter of the Administrative Code, or UST technology, the state fire marshal may require applicants for installer certification renewal to satisfactorily pass a written multiple-choice examination in addition to meeting the requirements in paragraph (L)(1) of this rule prior to issuance of the certification renewal for the subsequent calendar year. Applicants for installer certification renewal may request permission to take the examination in oral form, good cause shown. To satisfactorily pass the examination, the applicant for installer certification renewal shall obtain a minimum score of seventy-five per cent on the examination. The state fire marshal shall announce the time and location of the examination at least forty-five days in advance of the exam and shall, at least thirty days in advance of the exam, provide notice of the exam to all certified installers. An applicant for certification renewal who fails the examination may request re-examination from the state fire marshal.

(3) The state fire marshal shall issue an installer certificate renewal to each applicant who meets the requirements of applicable paragraphs (L)(1) and (L)(2) of this rule. The renewal certificate shall be valid for one year following the date of issuance by the state fire marshal.

(4) The application for an installer certification renewal shall be denied by the state fire marshal pursuant to Chapter 119. of the Revised Code when any of the following occur:

(a) The applicant failed to provide all the information required by the application form prescribed by the state fire marshal;

(b) The applicant failed to provide the fee required for application;

(c) The applicant failed to obtain a minimum score of seventy-five per cent on the exam administered pursuant to paragraph (L)(2) of this rule;

(d) The applicant is not in good standing with all licensing authorities as provided in paragraph (L)(1)(c) of this rule;

(e) The applicant failed to attend a minimum of eight hours of state fire marshal-approved continuing installer education;

(f) The applicant made a misrepresentation or submitted false statements with the application; or

(g) The applicant failed to submit his application on or before the expiration date of their certification.

(5) The state fire marshal may grant a variance from the timely submittal of renewal applications if the applicant provides good cause as determined by the state fire marshal.

(6) Sixty days after expiration of a certification, any application for renewal will be considered as a new application and the applicant shall be required to pass an examination as defined in paragraph (J) of this rule prior to certification.

(M) Installer training programs.

(1) The state fire marshal may conduct installer training programs. Any such program shall be at least thirty-six hours in length and shall include appropriate instructional methods, and written pre-test and post-test examinations. The following topics will be included in the program:

(a) Sections 3737.87 to 3737.882 of the Revised Code;

(b) This chapter of the Administrative Code;

(c) Occupational health and safety;

(d) Installation of USTs including tanks and piping, cathodic protection, ancillary equipment, backfilling, and UST system testing;

(e) Release detection systems;

(f) General operation and maintenance of USTS and leak detection equipment;

(g) Majors repairs and modifications;

(h) Closure including removal, closure-in-place and change in service;

(i) Recordkeeping;

(j) Supervisory techniques;

(k) Public health and safety; and

(l) Environmental considerations.

(2) Any person who wishes to attend a training program sponsored by the state fire marshal pursuant to paragraph (M)(1) of this rule shall submit an application to the state fire marshal prior to the first scheduled day of the training program, on a form prescribed by the state fire marshal, accompanied by a non-refundable fee established by the state fire marshal.

(3) Upon conclusion of any installer training program, the state fire marshal shall issue a certificate of completion to all persons who meet all of the following requirements:

(a) Attended all of the program's sessions or has complied with paragraph (M)(4) of this rule;

(b) Submitted an application and fee to the state fire marshal pursuant to paragraph (M)(2) of this rule; and

(c) Completed the programs pre-test and post-test examinations.

(4) Attendance shall be required at all classroom sessions except for valid reasons. The faculty is authorized to determine the validity of absences. Any absentee from any scheduled classroom session shall make up such attendance as required by the faculty.

(5) Any person wishing to sponsor an installer training program shall submit an application to the state fire marshal, on a form prescribed by the state fire marshal, accompanied by a non-refundable fee of two hundred dollars. All applications shall include, without limitation, all of the following:

(a) A program description and syllabus;

(b) Lesson plans for each classroom session;

(c) Study materials and hand-outs;

(d) Names, addresses, and qualifications of all faculty;

(e) Pre-test and post-test examinations; and

(f) The method of attendance verification;

(6) The state fire marshal may amend or require the applicant to modify any aspect of a program prior to certifying the program sponsor.

(7) The state fire marshal may certify a person to sponsor an installer training program if all of the following requirements are met:

(a) The person has complied with paragraph (M)(5) of this rule;

(b) The program, as amended by the state fire marshal or modified by the applicant pursuant to paragraph (M)(6) of this rule, complies with the requirements of paragraph (M)(1) of this rule; and

(c) The instructor for the training program is a certified installer and possesses a valid installer certificate issued by the state fire marshal pursuant to paragraph (K)(1) or (L)(3) of this rule.

(8) State fire marshal personnel shall be allowed access to all installer training program sessions certified under paragraph (M)(7) of this rule.

(9) Upon conclusion of any installer training program for which a person has been certified to sponsor, the sponsor shall issue a certificate of successful completion to all persons who meet the requirements of paragraphs (M)(3)(a) and (M)(3)(c) of this rule. The certified sponsor shall submit to the state fire marshal a list of all persons receiving a certificate of successful completion and the results of all examinations conducted during the program within seven days of completion of the course.

(10) Certifications issued by the state fire marshal pursuant to paragraph (M)(7) of this rule and renewals issued by the state fire marshal pursuant to paragraph (M)(11) of this rule shall be valid for one year, beginning on the first day of September of each year.

(11) Persons seeking to renew a certificate to sponsor an installer training program shall submit an application no later than the first day of July of each year to the state fire marshal, on a form prescribed by the state fire marshal, accompanied by a non-refundable fee of one hundred fifty dollars. The application shall include, without limitation, a description of any changes in the certified program proposed by the sponsor. The state fire marshal may amend or require the sponsor to modify any aspect of a program prior to issuing an installer training program certificate renewal to the sponsor. All programs for which a sponsor obtains an installer training program certificate renewal shall comply with paragraph (M)(1) of this rule.

(12) An application to sponsor an installer training program or renewal thereof shall be denied by the state fire marshal pursuant to Chapter 119. of the Revised Code when any of the following occur:

(a) The applicant failed to provide all the information required by the application form prescribed by the state fire marshal;

(b) The applicant failed to provide the fee required for application;

(c) The applicant made a misrepresentation or submitted false statements with the application;

(d) The training program submitted by the sponsor is determined by the state fire marshal to not comply with a provision of paragraphs (M)(5) to (M)(11) of this rule; or

(e) The applicant failed to submit a renewal application on or before the expiration date of their certification.

(13) The state fire marshal may grant a variance from the timely submittal of a renewal application if the applicant provides good cause as determined by the state fire marshal.

(14) Sixty days after expiration of a certification, any application for renewal will be considered as a new application and the applicant shall be required submit all information required by paragraph (M) of this rule.

(N) Continuing education programs.

(1) The state fire marshal may conduct continuing education training programs for installers. Such programs shall be closely related to those topics listed in paragraph (M)(1) of this rule or related technical information.

(2) Any person who wishes to attend a continuing education training program sponsored by the state fire marshal pursuant to paragraph (N)(1) of this rule shall submit an application to the state fire marshal prior to the first scheduled day of the training program, on a form prescribed by the state fire marshal, accompanied by a non-refundable fee established by the state fire marshal.

(3) Upon conclusion of any continuing education training program, the state fire marshal shall issue a certificate of attendance to all persons attending the program who have complied with paragraph (N)(2) of this rule. The certificate shall indicate the number of hours of state fire marshal-approved continuing education credit earned by the person at the program.

(4) Any person wishing to sponsor a certified installer continuing education training program shall submit an application to the state fire marshal, on a form prescribed by the state fire marshal, accompanied by a non-refundable fee of fifty dollars. All applications shall include, without limitation, all of the following:

(a) A program description and syllabus;

(b) Lesson plans for each classroom session;

(c) Study materials and hand-outs;

(d) Names, addresses, and qualifications of all faculty; and

(e) The method of attendance verification.

(5) The state fire marshal may amend or require the applicant to modify any aspect of a program prior to certifying the program sponsor.

(6) The state fire marshal may certify a person to sponsor an installer continuing education training program if all of the following requirements are met:

(a) The person has complied with paragraph (N)(4) of this rule;

(b) The program, as amended by the state fire marshal or modified by the applicant pursuant to paragraph (N)(5) of this rule, is closely related to those topics listed in paragraph (M)(1) of this rule; and

(c) The person is a certified installer and possesses a valid installer certificate issued by the state fire marshal pursuant to paragraph (K)(1) or (L)(3) of this rule.

(7) The state fire marshal shall determine the number of hours of continuing education credit for which the program qualifies. Certified UST installer and inspector continuing education training programs shall not be offered together unless prior approval is given by the state fire marshal.

(8) Upon conclusion of any installer continuing education training program for which a person has been certified to sponsor, the sponsor shall issue a certificate of successful completion to all persons attending the program who meet the following requirements:

(a) Attended all of the program sessions or has complied with paragraph (M)(4) of this rule; and

(b) Successfully completed the program's pre-test and post-test examinations.

The certificate shall indicate the number of hours of state fire marshal-approved continuing education credit earned by the person attending the program. The certified person shall submit to the state fire marshal a list of all persons receiving a certificate of attendance which indicates the number of hours of state fire marshal-approved continuing education credit earned by each person who received a certificate.

(9) Certifications issued by the state fire marshal pursuant to paragraph (N)(6) of this rule and renewals issued by the state fire marshal pursuant to paragraph (N)(10) of this rule shall be valid for one year, beginning on the first day of September of each year.

(10) Persons seeking to renew a certificate to sponsor an installer continuing education training program shall submit an application no later than the first day of July of each year to the state fire marshal, on a form prescribed by the state fire marshal, accompanied by a non-refundable fee of fifty dollars. The application shall include, without limitation, a description of any changes in the certified program proposed by the sponsor. The state fire marshal may amend or require the sponsor to modify any aspect of a program prior to issuing an installer continuing education training program certificate renewal to the sponsor. All programs for which a sponsor obtains an installer training program certificate renewal shall be closely related to those topics listed in paragraph (M)(1) of this rule.

(11) An application to sponsor an installer training program or renewal shall be denied by the state fire marshal pursuant to Chapter 119. of the Revised Code when any of the following occur:

(a) The applicant failed to provide all the information required by the application form prescribed by the state fire marshal;

(b) The applicant failed to provide the fee required for application;

(c) The applicant made a misrepresentation or submitted false statements with the application;

(d) The training program submitted by the sponsor is determined by the state fire marshal to not comply with a provision of paragraphs (N)(4) to (N)(10) of this rule; or

(e) The applicant failed to submit their application on or before the expiration date of their certification.

(12) The state fire marshal may grant a variance from the timely submittal of renewal applications if the applicant provides good cause as determined by the state fire marshal.

(13) Sixty days after expiration of a certification, any application for renewal will be considered as a new application and the applicant shall be required to submit all information required by paragraph (N) of this rule.

(O) Revocation or suspension of certification.

A certificate or renewal issued pursuant to this rule may be suspended or revoked by the state fire marshal pursuant to Chapter 119. of the Revised Code. Such suspension or revocation may occur for any of the following reasons:

(1) The person obtained his certification through fraud or misrepresentation;

(2) The installer recklessly violated a provision of this chapter;

(3) The installer recklessly caused or permitted a person under his supervision to install, perform a major repair on site to, close-in-place, remove, modify, place out of service, perform a change in service, or perform evaluations of leak detection equipment of an UST system in violation of this chapter;

(4) The installer was not physically on site during the performance of any of the activities described in paragraphs (B) to (G) of this rule;

(5) The installer interfered with or obstructed a certified UST inspector or an employee of the state fire marshal from performing an inspection required by rule 1301:7-9-15 of the Administrative Code;

(6) The installer failed to secure an UST system and cease work when directed by a certified UST inspector or an employee of the state fire marshal pursuant to paragraph (H)(4) of this rule; or

(7) The training program offered by the sponsor is determined by the state fire marshal to not comply with a provision of paragraphs (M)(1) to (M)(11) or (N)(1) to (N)(10) of this rule.

Effective: 07/01/2012
R.C. 119.032 review dates: 12/23/2011 and 03/15/2017
Promulgated Under: 119.03
Statutory Authority: 3737.881
Rule Amplifies: 3737.881
Prior Effective Dates: 6/25/90 (Emer.), 10/2/90, 1/1/97, 3/31/99, 3/1/05, 12/31/05

1301:7-9-12 Out-of-service, closure-in-place, permanent removal, change-in-service, and closure assessment of UST systems.

(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 (UST) systems containing regulated substances that are changed-in-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 following UST systems are exempt from this rule:

(1) Wastewater treatment tank systems;

(2) Any UST systems containing radioactive material that are regulated under the Atomic Energy Act of 1954 ( 42 U.S.C. 2014 and following);

(3) Any UST system that is part of an emergency generator system at nuclear power generation facilities regulated by the United States nuclear regulatory commission;

(4) Airport hydrant fuel distribution systems; and

(5) UST systems with field-constructed tanks.

(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 and 1301:7-9-16 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, ground water, 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)(1) 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 prior to the expiration of the out-of-service permit.

(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-of-service 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 conduct one of the following:

(a) Within thirty days, place the UST system back into service pursuant to paragraph (E)(7) of this rule;

(b) Within thirty days, permanently remove, close-in-place, or perform a change-in-service of the UST system in accordance with this rule; or

(c) 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.

(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 1604-2001; 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 1604-2001; Closure of Underground Petroleum Storage Tanks," "American Petroleum Institute Publication 2015-2001; Safe Entry and Cleaning Petroleum Storage Tanks," and "The National Institute for Occupational Safety and Health; Criteria for a Recommended Standard: Working In Confined Space";

(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 and 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 and 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.

(H) Change-in-service requirements for UST systems.

(1) Change-in-service of an UST system as defined in rule 1301:7-9-02 of the Administrative Code shall be conducted in accordance with the following:

(a) The UST shall be completely emptied and cleaned; and

(b) 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) to (D)(4)(c) of rule 1301:7-9-06 of the Administrative Code and are not located in a designated sensitive area as defined in rule 1301:7-9-09 of the Administrative Code, 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 paragraph (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 secondary 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 secondary 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)(c) 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, a site check must be performed pursuant to paragraph (F)(3) of rule 1301:7-9-13 of the Administrative Code.

(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 structure(s), and the UST system(s) 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;

(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 under 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) The soil sample with the highest field screening reading from each piping run excavation. If no field screening readings are exhibited, the sample submitted shall be biased toward the area(s) 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 ground water surrounding the UST system and be biased towards areas most likely to contain chemical(s) of concern.

(f) 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.

(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 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, the state fire marshal may direct the owner or operator to collect soil and ground water samples by installing a minimum of three soil borings 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 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 ground water 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 (D) 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 ground water exists, and that ground water 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 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. 6991b and 42 U.S.C. 6991e , as amended. If laboratory analytical results indicate no chemical(s) of concern are detected in subsurface soil or ground water, 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 0.149 0.252 0.937
1.0 Toluene 49.1 70.8 86.0
0.7 Ethylbenzene 45.5 83.0 282.0
10.0 Total Xylenes 15.7 18.0 21.7
0.04 Methyl tertiary butyl ether (MTBE) 0.47 0.788 3.44
0.00026 Benzo(a)anthracene 11.0 11.0 11.0
0.0002 Benzo(a)pyrene 1.1 1.1 1.1
0.00017 Benzo(b)fluoranthene 11.0 11.0 11.0
0.0017 Benzo(k)fluoranthene 110.0 110.0 110.0
0.047 Chrysene 1, 100.0 1, 100.0 1, 100.0
0.0002 Dibenz(a,h)anthracene 1.1 1.1 1.1
0.00022 Indeno(1,2,3-cd)pyrene 11.0 11.0 11.0
0.14 Naphthalene 39.8 54.0 54.0
N/A TPH C 6-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 of collecting the samples required 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-of-service for more than twelve months, or has undergone a change-in-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) Unknown; BUSTR; 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 samples 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-in-place 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 change-in-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 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;

(e) The name of the state fire marshal employee that is assigned to monitor the corrective actions activities at the UST site; and

(f) 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.

Effective: 07/01/2012
R.C. 119.032 review dates: 12/23/2011 and 03/15/2017
Promulgated Under: 119.03
Statutory Authority: 3737.88 , 3737.882
Rule Amplifies: 3737.88 , 3737.882
Prior Effective Dates: 9/1/92; 10/23/92 (Emer.); 1/22/93; 1/19/97; 3/31/99; 7/2/99, 3/1/05

1301:7-9-13 Petroleum UST Corrective Action.

(A) Purpose and scope.

For the purpose of prescribing rules in accordance with division (A) of section 3737.88 and division (B) of section 3737.882 of the Revised Code, the state fire marshal hereby adopts this rule to establish release reporting and corrective action requirements for underground storage tanks containing petroleum products. 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 State Fire Code.

(B) Applicability.

(1) For releases reported on or after the effective date of this rule, owners and operators shall conduct corrective action in accordance with this rule.

(2) For releases reported prior to the effective date of this rule, owners and operators may elect to conduct corrective action in accordance with this rule by submitting a letter to the state fire marshal stating their election to conduct corrective actions in accordance with this rule.

(3)

Owners and operators conducting corrective actions in accordance with a previous version of rule 1301:7-9-13 of the Administrative Code, may continue to conduct corrective actions in accordance with that version until October 1, 2012. Thereafter, owners and operators shall conduct corrective actions in accordance with this rule.

(4) Owners and operators may request an extension of time pursuant to paragraph (Q) of this rule to continue corrective actions under a previous version of this rule where good cause exists as determined by the state fire marshal. The state fire marshal may grant, modify or deny any extension request at his sole discretion.

(C) Definitions.

(1) "Action levels" means non-site-specific concentrations for chemical(s) of concern that are protective of human health utilized during the tier 1 source investigation and delineation process specified in paragraphs (J)(2) and (J)(3) of this rule.

(2) "Adjacent property" means a property or properties whose borders are contiguous or partially contiguous with that of an UST site, or would be contiguous or partially contiguous with that of an UST site but are separated by a street, road or other public thoroughfare.

(3) "Chemical(s) of concern" means the chemical or specific constituents of the petroleum released that are identified for evaluation during the corrective action process.

(4) "Delineation levels" means non-site specific concentrations of chemical(s) of concern that are designed to determine the most likely distribution of chemical(s) of concern in soil and ground water.

(5) "Drinking Water Source Protection Area" means the surface and subsurface area surrounding a public water supply well(s) supplying a community public water system, a non-community non-transient public water system, or a non-community transient public water system which will provide water from an aquifer to the well(s) within five years as delineated or endorsed by the Ohio Environmental Protection Agency under Ohio's Wellhead Protection and Source Water Assessment and Protection Programs.

(6) "Engineering controls" means physical modifications, (e.g., slurry walls, capping, vapor controls, point of use water treatment) that are recorded in an environmental covenant, for the purposes of reducing or eliminating the potential for exposure to a chemical(s) of concern.

(7) "Environmental media" includes, but is not limited to air, soil, ground water and surface water.

(8) "Exposure assessment" means the qualitative or quantitative determination or estimation of the magnitude, frequency, duration and route of exposure between a source area and a receptor.

(9) "Exposure pathway" means a mechanism by which an individual or population may be exposed to a chemical(s) of concern originating from an UST site. Each exposure pathway includes a source or release from a source, a point of exposure, and an exposure route. If the point of exposure is not at the source, a transport medium (e.g., air or water) also is included.

(10) "Exposure route" means the manner in which a chemical(s) of concern may come into contact with a receptor (e.g., ingestion, inhalation, dermal contact).

(11) "Free product" means a separate liquid hydrocarbon phase that has a measured thickness of greater than one one-hundredth of a foot.

(12) "Ground water" means water underlying an UST site in a saturated zone that:

(a) Is capable of yielding a minimum of one and one-half gallons of water within eight hours of purging; and

(b) Has an in situ hydraulic conductivity greater than 5.0 x 10-6 centimeters per second.

(13) "Institutional controls" means the restriction on use or access (e.g., engineering controls or environmental covenants) to an UST site to eliminate or minimize potential exposure to a chemical(s) of concern.

(14) "Immediate Corrective Action" means the course of action to mitigate fire, explosion, vapor and safety hazards, including immediate or short-term abatement or containment measures to prevent the spread of a release.

(15) "Interim Response Action" means the course of action taken prior to implementation of a remedial action to reduce further migration of chemicals of concern in their vapor, dissolved, or liquid phase, to reduce or eliminate the concentration of chemical(s) of concern at a source area(s) and/or in soil requiring treatment, or to otherwise eliminate exposure pathways. Interim response actions are not immediate corrective actions or remedial actions. Examples of interim response actions include, but are not limited to, over-excavation of a former UST area, and short-term dual-phase extraction in a source area.

(16) "Natural attenuation" means the reduction in the concentration(s) of chemicals of concern in environmental media due to a combination of one or more naturally occurring physical, chemical or biological processes (e.g., diffusion, dispersion, absorption, chemical degradation and biodegradation).

(17) "Non-residential land use" means land use that does not meet the criteria for residential land use. Non-residential land use includes, but is not limited to, commercial and industrial land use.

(18) "Overfill" is a release that occurs when an UST is filled beyond its capacity, resulting in a discharge of the regulated substance to the environment.

(19) "Petroleum contaminated soil" means soil that contains chemical(s) of concern that exceed one or more of the re-use levels set forth in paragraph (D) of rule 1301:7-9-16 of the Administrative Code.

(20) "Physical discovery" means:

(a) The presence of free product discovered during removal of any portion of an UST system, in an excavation on an UST site or on a property nearby an UST site;

(b) The discovery of petroleum product or petroleum product vapors in any of the following locations on an UST site or on a property nearby an UST site:

(i) In a building;

(ii) Within or along building foundations or other subsurface manmade structures such as basements, pedestrian tunnels, and utility vaults;

(iii) Within or along sewer lines; or

(iv) In a drinking water well.

(c) The presence of free product in a monitoring or observation well located on an UST site or on property nearby an UST site;

(d) The presence of petroleum products observed on a surface water body located on an UST site or on property nearby an UST site suspected to have arisen from a release from that UST system;

(e) Laboratory analytical results which are above action levels set forth in paragraph (J) of this rule from a study or survey of an UST site or on property nearby other than from a site check conducted in accordance with paragraph (F)(3) of this rule or a Tier 1 Source Investigation conducted in accordance with paragraph (H)(1) of this rule;

(f) Evidence of petroleum product in soil or fill material or evidence of a component that has leaked or is leaking, observed during activities conducted pursuant to paragraph (I)(1)(c) of rule 1301:7-9-12 of the Administrative Code including, but is not limited to, observing petroleum liquid in or on the soil or fill material in the excavation/modification areas; or

(g) Evidence of petroleum product in soil or fill material or evidence of a component that has leaked or is leaking, observed during activities pursuant to paragraph (I)(1)(c) of rule 1301:7-9-12 of the Administrative Code, including, but is not limited to, observing petroleum liquid leaking, emitting, discharging, or escaping from the UST system, or observing petroleum product residue on components of the UST system or below the UST system components.

(21) "Point(s) of demonstration" means a location(s) selected between the source area(s) and the potential point(s) of exposure where concentrations of chemical(s) of concern must be at or below a determined target level in environmental media that is protective of human health and the environment at the point of exposure.

(22) "Point(s) of exposure" means the point(s) at which a receptor may come in contact with a chemical(s) of concern originating from an UST site.

(23) "Reasonably anticipated future use" means future use of a UST site that can be predicted with a reasonably high degree of certainty given historical use, current use, and local government planning and zoning.

(24) "Receptors" means aquatic life populations in a surface water body or person(s) that are or may be exposed to chemical(s) of concern from the release.

(25) "Release" means

Any spilling, leaking, emitting, discharging, escaping, leaching or disposing of a petroleum product from an UST system into the ground water, a surface water body, subsurface soil or otherwise into the environment .

(26) "Residential land use" means land use where the current or intended use includes, but is not limited to, housing (single and multiple dwellings), educational facilities, day care, agricultural land, correctional facilities, custodial care or long term health care.

(27) "Saturated zone" means a part or layer of the earth's crust, excluding the capillary zone, in which all voids are filled with water.

(28) "Site conceptual exposure model" means the integrated representation of the complete and potentially complete exposure pathways at a UST site.

(29) "Site-specific target levels (SSTL)" means risk-based concentrations for chemical(s) of concern that are protective of human health and the environment developed for a particular UST site under the Tier 2 or Tier 3 evaluations.

(30) "Source area(s)" means the location of free product, the location of the highest measured soil and/or ground water concentrations of the chemical(s) of concern or the location where the petroleum product was released.

(31) "Spill" means the following:

(a) A release resulting from improper transfer practices to an UST system including, without limitation, the disconnecting of a delivery hose from a tank's fill pipe before the hose has drained completely, or

(b) Any spilling, leaking, emitting, discharging, escaping, or disposal of a petroleum product into ground water, a surface water body, subsurface soil or otherwise into the environment while transferring or attempting to transfer petroleum products into an UST system.

(32) "Surrounding area" means an area within one thousand five hundred feet of an existing or previously removed UST system.

(33) "Surface water body" means a body of water greater than one acre in size or a river, creek or stream.

(34) "Suspected release" means evidence of a release obtained through one or more of the following events:

(a) Monitoring results from a release detection method required by rule 1301:7-9-07 of the Administrative Code that indicate a release may have occurred unless:

(i) The monitoring device is found to be defective, and is immediately recalibrated or replaced, and additional monitoring does not confirm the initial result; or

(ii) In the case of inventory control, a second month of data does not confirm the initial result;

(b) Unusual operating conditions are observed by the owners and operators unless the system equipment is found to be defective but not leaking and is immediately repaired or replaced. Such unusual operating conditions shall include, without limitation, the erratic behavior of petroleum dispensing equipment, the sudden loss of petroleum from an UST system or an unexplained presence of water in the tank;

(c) The presence of free product discovered in the secondary containment or interstitial space of the UST system, other than spill prevention equipment, on an UST site; or

(d) Physical discovery.

(35) "Confirmed Release" means chemical(s) of concern in subsurface soil or ground water on an UST site found in concentrations above the action levels specified in paragraph (J) of this rule and confirmed through laboratory analysis of samples during:

(a) A closure assessment conducted pursuant to rule 1301:7-9-12 of the Administrative Code; or

(b) A site check conducted pursuant to paragraph (F)(3) of this rule.

(D) Reporting of releases and suspected releases.

(1) Owners and operators shall report a suspected release to the state fire marshal and the local fire department within twenty-four hours of discovery by the owners or operators.

(2) Owners and operators shall report a release to the state fire marshal and the local fire department within twenty-four hours of discovery by the owners or operators.

(E) Reporting and cleanup of spills and overfills.

If a spill or overfill occurs while transferring or attempting to transfer petroleum product into an UST system, one of the following activities must be conducted:

(1) . Spills and overfills of petroleum product that consist of more than twenty-five gallons of petroleum product shall be reported by the owners or operators to the state fire marshal and the local fire department within twenty-four hours of discovery. Owners and operators shall immediately contain to the extent practicable and immediately clean-up the spill or overfill. Owners and operators shall perform a site check in accordance with paragraph (F)(3) of this rule.

(2) If the spill or overfill of petroleum products does not enter a nearby surface water body, stormwater system, monitoring well or observation well, and no more than twenty-five gallons of petroleum product has been released to the environment, owners and operators shall immediately contain and clean up the spill or overfill to pre-release conditions. If the clean-up is accomplished within twenty-four hours, then no further corrective action activities shall be required and the owner and operator do not need to report the spill or overfill to the state fire marshal. If the clean-up is not completed within twenty-four hours, owners and operators shall immediately notify the state fire marshal and the local fire department and perform a site check in accordance with paragraph (F)(3) of this rule.

(3) If the spill or overfill of petroleum product of any amount enters a nearby surface water body, stormwater system, monitoring well or observation well, owners and operators shall immediately contain to the extent practicable and immediately clean-up the spill or overfill, shall report the spill or overfill to the state fire marshal and the local fire department within twenty-four hours of discovery, and shall perform a site check in accordance with paragraph (F)(3) of this rule.

(F) Investigating releases and suspected releases.

The purpose of investigating releases and suspected releases is to determine if a closed-in-place, removed, or existing UST system is leaking or has leaked, to identify the source of a release, to determine whether free product exists, and to determine if concentrations of chemicals of concern in soil and/or groundwater are present above action levels. If concentrations of chemicals of concern in soil and/or groundwater are detected above action levels, the owner and operator shall perform a tier 1 source investigation in accordance with paragraph (H) of this rule.

(1) UST system evaluation.

Owners and operators shall inspect for above ground releases or exposed below ground releases. If testing or other evidence confirms that a release has or continues to occur from an UST system, activities pursuant to paragraph (G)(1) of this rule shall be conducted to stop any further releases into the environment.

(2) Tightness test.

(a) For an existing UST system, where the owner and operator has not identified which component of the UST system has caused the release or suspected release, owners and operators shall conduct a tightness test of the entire UST system, as follows:

(i) The tightness test shall be performed before repairing the UST system.

(ii) The tightness test shall be conducted within seven days of the discovery of the release or suspected release in accordance with paragraph (F) of rule 1301:7-9-07 of the Administrative Code.

(iii) Within twenty-four hours of the receipt of the results, owners and operators shall notify the state fire marshal of the results of the test by telephone, electronic mail or facsimile.

(iv) Within seven days of performing the tightness test, owners and operators shall submit the test results and supporting data, to the state fire marshal on a form prescribed by the state fire marshal.

(b) For an existing UST system where the owner and operator has identified which component of the UST system has caused the release or suspected release, a tightness test of the component shall be conducted. If the owner and operator elects to repair the UST system component before the tightness test is performed or if repairs to the UST system component are necessary in order to achieve a passing tightness test, a site check in accordance with paragraph (F)(3) of this rule must be performed in addition to any repair(s) required to mitigate further release of petroleum from the UST system. The tightness test shall be performed as follows:

(i) The tightness test shall be conducted within seven days of the discovery of the release or suspected release in accordance with paragraph (F) of rule 1301:7-9-07 of the Administrative Code.

(ii) Within twenty-four hours of the receipt of the results, owners and operators shall notify the state fire marshal of the results of the test by telephone, electronic mail or facsimile.

(iii) Within seven days of performing the tightness test, owners and operators shall submit the test results and supporting data, to the state fire marshal on a form prescribed by the state fire marshal.

(c) If a release is suspected because of the presence of free product discovered in the secondary containment or interstitial space of the UST system on an UST site, owners and operators shall:

(i) Conduct a tightness test of the secondary containment or interstitial space of the UST system in accordance with paragraph (F) of rule 1301:7-9-07 of the Administrative Code to demonstrate that the secondary containment or interstitial space of the UST system is tight. The test must be conducted before the secondary containment or the UST system is repaired and within seven days of discovery of free product. Within twenty-four hours of the receipt of the results, owners and operators shall notify the state fire marshal of the results of the test by telephone, electronic mail or facsimile. Within seven days of performing the tightness test, submit the results, in writing on a form prescribed by the state fire marshal, to the state fire marshal, or

(ii) Conduct a site check pursuant to paragraph (F)(3) of this rule.

(3) Site check.

(a) Requirements.

Owners and operators shall conduct a site check to determine whether subsurface soil or ground water on an UST site have concentrations of chemical(s) of concern above the action levels set forth in paragraph (J) of this rule and must submit a written report consistent with the requirements of one of the options described in paragraph (F)(3)(b) of this rule within ninety days of the following:

(i) A release to the environment as defined in paragraph (C)(25) of this rule,

(ii) A failed tightness test,

(iii) Repairing an UST system before conducting a tightness test as required by paragraph (F)(2) of this rule,

(iv) Determining that the secondary containment or interstitial space of the UST system is not tight,

(v) Physical discovery as defined in paragraph (C)(20) of this rule, or

(vi) The occurrence of a spill or overfill requiring a site check pursuant to paragraph (E) of this rule.

Notwithstanding paragraph (F)(3)

(a) (ii) of this rule, a site check is not required if a release was suspected because of the presence of free product discovered in the secondary containment or interstitial space of the UST system, the tests conducted pursuant to paragraph (F)(2)(c) of this rule indicate the secondary containment and/or interstitial space of the UST system meet the performance standards of paragraph (F) of rule 1301:7-9-07 of the Administrative Code, and the owner and operator demonstrate that all product was contained within the secondary containment system.

(b) Options.

A site check to determine the presence and concentrations of chemical(s) of concern in the source area(s) shall consist of one or more of the following:

(i) Conduct a tier 1 source investigation pursuant to paragraph (H) of this rule.

(ii) Closure of an UST system or portion of an UST system that is the potential source of the suspected release in accordance with rule 1301:7-9-12 of the Administrative Code. At least one of the samples required under rule 1301:7-9-12 of the Administrative Code shall be biased towards the areas suspected to have the highest concentration of chemical(s) of concern resulting from the suspected release. The owners and operators shall obtain prior approval from the state fire marshal for the closure or removal of an UST system or any portion of an UST system if any of the following conditions exist:

(a) The ground water is known or suspected to contain concentrations of chemical(s) of concern;

(b) Free product is present;

(c) A receptor is known to be impacted by the release;

(d) A surface water body is known to be impacted by the release;

(e) The UST site is in a sensitive area as defined in rule 1301:7-9-09 of the Administrative Code;

(f) The UST site is in a drinking water source protection area; or

(g) A potable well is located on the UST site.

(iii) Collect a minimum of three samples from the native soil immediately below the source of the suspected release.

(a) Samples shall be biased towards the areas suspected to have the highest concentrations of chemical(s) of concern resulting from the suspected release. Samples from each soil boring or excavation shall be screened using headspace techniques and the sample with the highest field screening result from each location shall be submitted for laboratory analysis. If a saturated zone is encountered, a sample of the water shall be collected from that location and submitted for laboratory analysis. All laboratory samples must be analyzed for the appropriate chemical(s) of concern listed in paragraph (H)(1)(c) of this rule.

(b) Owners and operators shall prepare a site check report for the state fire marshal, which shall contain, at a minimum, a description of the nature and location of the suspected release, the type and location of samples collected, sampling methodologies and preservation techniques, soil boring logs, chain-of-custody(s) forms and laboratory analytical results. The letter report shall be submitted to the state fire marshal within ninety days of a failed tightness test, determining that the secondary containment system is not tight, physical discovery or the occurrence of a spill or overfill as described in paragraph (E) of this rule. Owners and operators must obtain prior approval from the state fire marshal to conduct activities pursuant to this option, if any of the conditions in paragraphs (F)(3)(b)(ii)(a) to (F)(3)(b)(ii)(g) of this rule exist.

(c) Release determination.

As part of a site check conducted pursuant to paragraph (F)(3) of this rule, owners and operators shall determine the appropriate action levels for an UST site using the procedures set forth in paragraphs (H)(2) and (J) of this rule. If concentrations of chemical(s) of concern are at or below the appropriate action levels, then no further action is required. If concentrations of chemical(s) of concern at any location on an UST site, evaluated pursuant to paragraphs (F)(3)(b)(ii) and (F)(3)(b)(iii) of this rule, are above the action levels for an UST site, owners and operators shall conduct a Tier 1 Source Investigation pursuant to paragraph (H) of this rule.

(G) Immediate corrective actions.

(1) Mitigating releases from UST systems.

If testing or other evidence confirms that a release has occurred or continues to occur from an UST system, the owners and operators shall perform all of the following actions within twenty-four hours of discovery of the release:

(a) Take immediate action to prevent any further release of petroleum from an UST system into the environment, including removal of petroleum from an UST system as necessary to prevent further release into the environment;

(b) Inspect for above ground releases or exposed below ground releases and take steps to prevent further migration of such releases into surrounding soil, sewers, surface water, and ground water through the use of adsorbent pads, adsorbent booms, dikes, siphon dams and the like;

(c) Continue to monitor and mitigate any additional fire, health, and safety hazards posed by vapors or petroleum products that have migrated to subsurface structures, such as basements, sewers, or the like;

(d) Manage excavated soil containing concentrations of chemical(s) of concern in a manner that complies with applicable state and local requirements;

(e) If a receptor, as defined pursuant to paragraph (C) of this rule, is known to be impacted by a release, the owners and operators shall immediately identify and mitigate all fire, explosion, vapor and safety hazards and notify the state fire marshal within twenty-four hours, by telephone, electronic mail or facsimile, after starting such activities; and

(f) If a release is suspected to impact a drinking water well, owners and operators shall, within three days of discovery, have the drinking water well tested for the appropriate chemical(s) of concern listed in Table 1 of paragraph (H)(1)(c) of this rule. Within twenty-four hours of receipt of the test results, owners or operators shall notify the state fire marshal of the results by telephone, electronic mail or facsimile. Within seven days of receiving the analytical results, owners and operators shall, submit the written results to the state fire marshal.

(2) Immediate corrective action report.

Owners and operators shall submit a written report on a form prescribed by the state fire marshal within twenty days of starting any immediate corrective actions. At a minimum, the immediate corrective action report shall contain the following information:

(a) The date and time the release was discovered;

(b) The addresses and locations of buildings, sewers, surface water bodies and the like affected by the release;

(c) An overview of activities leading to the discovery of free product;

(d) The type and amount of product released;

(e) A description of the UST systems and operational status;

(f) A description of all completed and planned immediate corrective actions;

(g) The amount and disposition of any materials generated (e.g., soil and liquids), including any supporting documentation (e.g., copies of disposal receipts); and

(h) Copies of site maps, plans and photographs and other information that may assist in evaluating/investigating the release.

(3) Free product removal and reporting.

Where free product is present, owners and operators shall perform all of the following activities:

(a) Immediately implement a free product recovery program that removes free product to the maximum extent practicable, at a minimum on a monthly basis, while continuing other actions required by this rule. In meeting the requirements of this paragraph, the owners and operators must use recovery techniques that:

(i) Remove free product in a manner that minimizes the spread of chemical(s) of concern into previously unimpacted zones and uses recovery techniques appropriate to the hydrogeologic conditions at an UST site. The owners and operators shall collect and dispose of recovered product in compliance with applicable federal, state and local laws; and

(ii) Handle any flammable products in a safe and competent manner to prevent fires or explosions.

(b) Owners and operators shall notify the state fire marshal by telephone, electronic mail or facsimile within twenty-four hours of starting free product removal activities.

(c) Owners and operators shall submit a written report on a form prescribed by the state fire marshal, on a monthly basis until free product has been removed to the maximum extent practicable. At a minimum, the free product recovery reports shall contain the following information:

(i) The name, address and facility identification number of an UST site;

(ii) Details of the free product recovery system (i.e. drawings, discharge locations, operations);

(iii) A scaled site map which accurately depicts the locations of all current and historical underground storage tank systems, property boundaries, street locations, above ground structures, underground utilities, and on-site potable wells, soil borings and monitoring wells;

(iv) Copies of installation, operation, treatment and discharge permits granted;

(v) A discussion of any free product recovery system malfunctions, if applicable;

(vi) The product thickness in wells, bore holes and excavations;

(vii) The gallons and type of free product recovered each month and to date;

(viii) The gallons of water recovered each month and to date;

(ix) The disposition of recovered free product and water; and

(x) A description of any changes or modifications to the free product recovery system.

[Comment: Items (ii) through (iv) need only be submitted with the initial monthly free product recovery report]

(d) If a malfunction in a free product recovery system can not be repaired within twenty-four hours, owners and operators shall immediately report the malfunction to the state fire marshal by telephone, electronic mail or facsimile. The malfunction shall be corrected and the system placed back into service as soon as technically feasible.

(e) If free product is present one year after initiating free product recovery activities, the state fire marshal may require a written re-evaluation of recovery technique(s). The re-evaluation shall include a discussion of the reliability, effectiveness, cost and time needed for completing free product recovery.

(f) Free product removal activities may be terminated once free product, as defined in paragraph (C) of this rule, is no longer present on and off-site for three consecutive months. The state fire marshal shall be notified, in writing, within thirty days of termination of free product recovery activities.

(g) With prior approval from the state fire marshal, free product removal activities may be terminated once free product, as defined in paragraph (C) of this rule, has been removed to the maximum extent practicable.

(h) With prior approval from the state fire marshal, owners and operators may submit the written report described in paragraph (G)(3)(c) of this rule to the state fire marshal on a quarterly basis until free product has been removed to the maximum extent practicable.

(H) Tier 1 Source Investigation.

The purpose of the Tier 1 Source Investigation is to determine the concentrations of chemical(s) of concern in the source area(s) or to investigate a release or suspected release pursuant to paragraph (F)(3)(b)(i) of this rule or a confirmed release as defined in paragraph (C) of this rule. The Tier 1 Source Investigation shall consist of all of the following:

(1) Source Investigation.

(a) Potential source(s) .

Identify the potential source(s) . At minimum, the following potential source(s) located on an UST site shall be evaluated to determine the location of potential source area(s):

(i) Existing, abandoned or removed underground storage tanks;

(ii) Existing, abandoned or removed piping and dispenser areas; and

(iii) Areas of known or suspected surface spills of petroleum.

(b) Potential source area(s).

Identify the location of the potential source area(s) . Potential source area(s) shall be identified based on the knowledge of the known release, the location of identified potential source(s) through field screening methods or a combination of these.

(c) Chemical(s) of concern.

The chemical(s) of concern shall be identified based on Table 1 using the following five analytical groups:

(i) Analytical group 1 is for light distillate products including unleaded gasoline, leaded gasoline and aviation gasoline;

(ii) Analytical group 2 is for middle distillate products including diesel, light fuel oils, stoddard solvents, mineral spirits, kerosene, and jet fuels;

(iii) Analytical group 3 is for heavy petroleum distillate products including, but not limited to, lubricating and hydraulic oils;

(iv) Analytical group 4 is for used oil; and

(v) Analytical group 5 is for unknown petroleum products or petroleum products other than those listed in analytical groups 1, 2, 3 and 4. Additional chemical(s) of concern and analytical methods must be selected, as appropriate, based on reasonably available information related to the product stored, including additives, impurities and degradation products. In addition, chemical(s) of concern should be selected based on their toxicity, mobility, and persistence in the environment. The owners and operators shall consult with the state fire marshal for the appropriate chemical(s) of concern for products not in analytical group 1, 2, 3 and 4.

Table 1 Selected Chemical(s) of Concern

  Analytical Group Number 1 2 3 4 5 Analytical Methods
    Light Distillates Middle Distillates Heavy Distillates Used Oil Unknowns & Others Soil **** Ground Water
  Chemical           8021 or 8260 8021 or 8260
Aromatics Benzene x x   x  
Toluene x x   x  
Ethylbenzene x x   x  
o, m and p-Xylenes x x   x  
Additives Methyl tertiary-butyl ether (MTBE) x     x   8021 or 8260 8021 or 8260
Polynuclear Aromatics Benzo(a)anthracene   x x x   8270, 8310 8270, 8310
Benzo(a)pyrene   x x x  
Benzo(b)fluoranthene   x x x  
Benzo(k)fluoranthene   x x x  
Chrysene   x x x  
Dibenz(a,h)anthracene   x x x  
Indeno(1,2,3-c,d)pyrene   x x x  
Naphthalene   x x x  
nated Hydrocarbons Volatile Organic Hydrocarbons       x   8260 8260
Total Petroleum Hydrocarbons * TPH (C6 - C12) x     x   8015 N/A
TPH (C10 - C20)   x   x  
TPH (C20 - C34)     x x  
  Varies based on UST contents **     x x ***    

* TPH analysis is not required for ground water samples.

** Additional chemicals of concern should be based on material safety and data sheets (MSDS) and analyzed with an appropriate laboratory test method capable of meeting established target levels.

*** Refer to paragraph (H)(1)(c)(v).

**** Soil analytical results shall be reported on a dry weight basis.

(d) Subsurface Investigation.

(i) Objectives.

The subsurface investigation shall be conducted to collect the data necessary to complete the Tier 1 Source Investigation and to:

(a) Determine the presence and concentrations of chemical(s) of concern in the source area(s) for comparison to action levels in accordance with paragraphs (J)(2) and (J)(3) of this rule; and

(b) Determine the geologic, hydrogeologic and physical characteristics of an UST site and the surrounding area that may influence the migration and transport of chemical(s) of concern. This determination shall include, at a minimum, the following information:

(i) The direction and gradient of ground water flow (if ground water is encountered);

(ii) A description of faults, fissures, fractures, or other geologic transport routes;

(iii) A description of the soil type(s);

(iv) The depth to ground water; and

(v) The location and influence of man-made structures (e.g., sewers, water lines, etc).

(ii) Investigation of source area(s).

The presence and concentrations of chemical(s) of concern in the source area(s) shall be determined in accordance with all of the following:

(a) A minimum of three soil borings shall be located in the source area(s) to determine the concentration of chemical(s) of concern in soil. If the soil borings cannot be located in the source area(s), the soil borings shall be biased to the area of highest suspected concentration of chemical(s) of concern.

(b) A minimum of three ground water monitoring wells shall be located in the source area(s) to determine the concentration of chemical(s) of concern in ground water. If the monitoring wells cannot be located in the source area(s), the monitoring wells shall be biased to the area of highest suspected concentration of chemical(s) of concern.

(c) Non-intrusive or indirect field testing may be used to assist in selecting soil boring or monitoring well locations, but these techniques shall not be used to demonstrate that concentrations of chemical(s) of concern are below applicable action levels. Data collection shall consider the likely distribution and temporal variations of the chemical(s) of concern in the environmental media and the physical parameters necessary to determine hydrologic and geologic properties of environmental media.

(d) Soil borings and ground water monitoring wells shall be installed as follows:

(i) Soil borings shall extend to the upper saturated zone, bedrock, or fifty feet, whichever shall be encountered first. If ground water is known to contain concentrations of chemical(s) of concern, borings shall extend to such ground water regardless of depth. If bedrock is encountered then soil borings and monitoring wells shall be installed as follows:

(A) If chemical(s) of concern in soil exceed soil-to-drinking water leaching action levels, a minimum of one monitoring well must be installed in the source area(s) to a maximum depth of fifty feet;

(B) If the saturated zone is known to contain concentrations of chemical(s) of concern, a minimum of one monitoring well must be installed in the source area(s) regardless of depth; and

(C)If the bedrock is a known drinking water source within the surrounding area, the state fire marshal reserves the right to request a bedrock monitoring well at depths greater than fifty feet;

(ii) Soil borings shall be continuously sampled and boring logs shall be prepared describing the stratigraphy from each soil boring location;

(iii) Boring logs shall be prepared and soil encountered during drilling shall be characterized in accordance with American society of testing and materials (ASTM) D2488-00 (standard practice for description and identification of soils/visual-manual procedures) or the unified soil classification system (USCS);

(iv) Data collection for monitoring wells shall include the depth to free product, free product thickness, depth of water below the top of the casing, and the elevation of the top of the casing;

(v) Ground water monitoring wells shall be extended to the bottom of the saturated zone or a minimum of five feet into the saturated zone, whichever is less. Ground water monitoring wells shall be screened to accommodate seasonal fluctuations in the ground water table. If the chemical and/or physical properties indicate the potential for downward migration of chemical(s) of concern, the state fire marshal may require alternate monitoring well installation protocol ; and

(vi) Monitoring wells shall be clearly labeled with an identification that corresponds to the identifications submitted on site maps.

(e) Ground water samples shall be collected from each monitoring well and analyzed, in an accredited laboratory, for the appropriate chemical(s) of concern listed in Table 1 of paragraph (H)(1) (c) of this rule.

(f) Soil samples from soil borings shall be collected and analyzed, in an accredited laboratory and reported on a dry weight basis, for the appropriate chemical(s) of concern listed in table 1 of paragraph (H)(1)(c) of this rule. Soil samples shall be screened using headspace techniques. Soil samples shall be submitted for laboratory analysis using the following criteria:

(i) If ground water is encountered, the sample above the soil/water interface exhibiting the highest headspace vapor concentration and the sample immediately above the soil/ground water interface, as encountered during drilling, shall be submitted for laboratory analysis. If the highest headspace reading is the sample immediately above the soil/ground water interface, the sample with the highest and the second highest headspace reading above the soil/ground water interface shall be submitted for laboratory analysis.

(ii) If ground water is encountered and no soil samples exhibit headspace readings above background levels, a sample shall be taken from immediately above the soil/water interface, as encountered during drilling, and submitted for laboratory analysis.

(iii) If no ground water is encountered, the sample with the highest headspace readings and the sample from the bottom of the boring shall be submitted for laboratory analysis.

(iv) If no ground water is encountered and no soil samples exhibit headspace readings above background levels, a sample shall be taken from the bottom of the boring and submitted for laboratory analysis.

(iii) Ground water determination.

A determination of the existence of ground water shall be made by determining if a saturated zone has sufficient ground water yield to meet the minimum criteria for being ground water. For purposes of determining if the encountered saturated zone is ground water:

(a) Assume that the encountered saturated zone is ground water; or

(b) Demonstrate, through appropriate field methods, that the encountered saturated zone is not ground water as defined in paragraph (C) of this rule.

(2) Action level determination.

Upon completion of a site check pursuant to paragraph (F)(3) of this rule or a tier 1 source investigation pursuant to paragraph (H) of this rule, owners and operators shall complete a site feature determination in accordance with paragraph (H)(2)(a) of this rule and a points of exposure determination in accordance with paragraph (H)(2)(b) of this rule to determine the appropriate action levels for an UST site pursuant to paragraphs (J)(2) and (J)(3) of this rule.

(a) Site feature determination.

(i) Identify the chemical(s) of concern in accordance with paragraph (H)(1)(c) of this rule.

(ii) For purposes of site check, tier 1 source investigation and tier 1 delineation as described in paragraph (I) of this rule, the residential exposure scenario shall be used.

(iii) Determine if the saturated zone is ground water in accordance with paragraph (H)(1)(d)(iii) of this rule. If a determination is not made in accordance with paragraph (H)(1)(d)(iii) of this rule or if a potable well exists on an UST site, then the saturated zone shall be assumed to be ground water.

(iv) Select a soil class using Table 2 that best represents each pathway to be evaluated utilizing the information obtained during the subsurface investigation conducted pursuant to paragraph (H)(1)(d)(ii)(f) of this rule.

(v) Action levels shall be determined by applying the ground water determination, depth-to-ground water and soil class information to the action level tables in paragraph (J)(3) of this rule. An action level shall be identified for each environmental media and exposure pathway in accordance with paragraph (J)(2) of this rule.

Table 2 Soil Classification

Major Divisions Letter Symbol Typical Description Soil Class
Coarse Grained Soils More than 50% of material is retained on #200 Sieve Gravel and Gravelly Soils More than 50% of Coarse Fraction Retained on No. 4 Sieve Clean Gravels (Little or No Fines) GW Well-Graded Gravels, Gravel-Sand Mixtures, Little or No Fines Class 1
GP Poorly-Graded Gravels, Gravel-Sand Mixtures, Little or No Fines
Gravels with Fines (Appreciable Amount of Fines) GM Silty Gravels, Gravel-Sand-Silt Mixtures
GC Clayey Gravels, Gravel-Sand-Clay Mixtures
Sand and Sandy Soils More than 50% of Coarse Fraction Passes thru No. 4 Sieve Clean Sand (Little or No Fines) SW Well-Graded Sands, Gravelly Sands, Little or No Fines
SP Poorly-Graded Sands, Gravelly Sands, Little or No Fines
Sands with Fines (Appreciable Amount of Fines) SM Silty-Sands, Sand-Silt Mixtures
SC Clayey Sands, Sand-Clay Mixtures Class 2
Fine Grained Soils More than 50% of material passes thru #200 Sieve Silts and Clays Liquid Limit<50 ML Inorganic Silt and Very Fine Sands, Rock Flour, Silty or Clayey Fine Sand or Clayey Silts with Slight Plasticity
CL Inorganic Clays of Low to Medium Plasticity, Gravelly Clays, Sandy Clays, Silty Clays, Lean Clays
OL Organic Silts and Organic Silty Clays of Low Plasticity
Silts and Clays Liquid Limit>50 MH Inorganic Silts, Micaceous or Diatomaceous Fine Sand or Silty Soil
CH Inorganic Clays of High Plasticity, Fat Clays Class 3
OH Organic Clays of Medium to Plasticity, Organic Silts
Highly Organic Soils PT Peat, Humus, Swamp Soil with High Organic Contents

(b) Point(s) of exposure.

For purposes of a Tier 1 Source Investigation, it is assumed that the point(s) of exposure will be located in the source area(s). Therefore, while movement of chemical(s) of concern outside the property lines of an UST site is not specifically evaluated in a tier 1 source investigation, any identified current or potential future drinking water source in the surrounding area shall be assumed to be within the source area(s). The fate and transport of chemical(s) of concern in ground water will be evaluated under the tier 2 evaluation in paragraph (L) of this rule.

(3) Tier 1 Source Investigation reporting.

(a) Owners and operators shall prepare and submit on a form prescribed by the state fire marshal either a Tier 1 Evaluation report pursuant to paragraph (H)(3)(b) of this rule (if the concentrations of the chemical(s) of concern are below action levels) or a Tier 1 Notification pursuant to paragraph (H)(3)(c) of this rule (if the concentrations of the chemical(s) of concern are above action levels) within ninety days of the occurrence of any of the following:

(i) Receiving analytical results, which exceed action levels, pursuant to paragraph (F)(3)(c) of this rule;

(ii) Electing to conduct corrective actions pursuant to paragraph (B)(2) of this rule;

(iii) Electing to conduct a tier 1 source investigation pursuant to (F)(3)(b)(i) of this rule;

(iv) Receiving analytical results, which exceed action levels, from a closure assessment conducted pursuant to paragraph (F) of rule 1301:7-9-12 of the Administrative Code; or

(v) Conducting corrective action activities pursuant to paragraph (B)(3) of this rule.

(b) If the concentrations of chemical(s) of concern are at or below action levels for all pathways, owners and operators shall submit a tier 1 evaluation report on a form prescribed by the state fire marshal limited to the information prescribed in paragraphs (I)(3)(b)(i) and (I)(3)(b)(ii) of this rule.

(c) If the concentrations of chemical(s) of concern are above the action level for one or more exposure pathways, owners and operators shall submit a tier 1 notification on a form prescribed by the state fire marshal and conduct a tier 1 delineation pursuant to paragraph (I) of this rule. The Tier 1 Notification shall include all of the following information:

(i) Owner and operator information including the following:

(a) Name of the owners and operators;

(b) Address of an UST site; and

(c) Facility identification number.

(ii) A scaled site map which accurately depicts the locations of all known current and historical underground storage tank systems, property boundaries, street locations, above ground structures, underground utilities, on-site potable wells, and the following:

(a) Locations of all soil borings and associated analytical results, including depths at which samples were collected;

(b) Location of all monitoring wells and associated analytical results; and

(c) Ground water flow gradient.

(iii) Attachments that include:

(a) Laboratory analytical sheets, including the chain-of-custody form(s);

(b) Soil boring logs/monitoring well construction diagrams that identify the location in decimal degrees accurate to within five feet of the actual location and reported to five decimal places; and

(c) A table which includes the appropriate soil class and action levels for each pathway.

(iv) A description of soil and ground water sampling procedures.

(I) Tier 1 delineation.

The purpose of the tier 1 delineation is to define the vertical and horizontal extent of chemical(s) of concern in soil and ground water to the delineation levels (in all directions from the source areas(s)) and to determine the potential drinking water use at the site and surrounding area. A tier 1 delineation shall consist of the following:

(1) Assessment and delineation of chemical(s) of concern.

(a) Determine the distribution of chemical(s) of concern in accordance with the following:

(i) The distribution of chemical(s) of concern shall be defined to the delineation levels set forth in paragraph (J)(1) of this rule;

(ii) Soil borings and ground water monitoring wells shall be installed in accordance with paragraph (H)(1)(d)(ii) of this rule. If bedrock is encountered and concentrations of chemical(s) of concern in soil exceed soil-to-drinking water leaching action levels, a minimum of one monitoring well shall be installed in the source area(s) to ground water. The state fire marshal reserves the right to request a bedrock monitoring well at depths greater than fifty feet if the bedrock is a known drinking water source within the surrounding area. If any chemical(s) of concern are encountered in ground water, additional monitoring wells shall extend to such ground water:

(iii) Determine the geologic, hydrogeologic and physical characteristics of the UST site and the surrounding area that may influence the migration and transport of chemical(s) of concern. This determination shall include, at a minimum, the following information:

(a) The direction and gradient of ground water flow, if ground water is encountered;

(b) A description of faults, fissures, fractures, or other geologic transport routes;

(c) A description of the soil type(s);

(d) The depth to ground water; and

(e) The location and influence of man-made structures (e.g., sewers, water lines).

(iv) If the determination of the likely distribution of chemical(s) of concern requires off-site access, owners and operators shall use their best efforts to obtain permission to enter such off-site areas to complete the investigations required by this rule. If access cannot be obtained, the owners and operators shall submit notice to the state fire marshal within forty-five days after the owner and operator determines off-site access cannot be obtained. The notice shall describe the efforts taken by the owners and operators to obtain off-site access and the reasons why access could not be obtained. Owners and operators shall take additional action to obtain off-site access if required by the state fire marshal.

(b) Potable well locations.

Identify the source or sources of potable water for the UST site and the surrounding area, including the identification of all public and private drinking water wells and public water supply sources within the surrounding area. The evaluation of potable water supplies shall be based on reasonably available information including, but not limited to, information collected or maintained by the Ohio environmental protection agency, Ohio department of natural resources, county health departments, and public water supply organizations.

(2) Potential drinking water use.

Determine if ground water is drinking or non-drinking water by utilizing the information obtained in the tier 1 source investigation and the tier 1 delineation. The drinking water use determination shall be conducted in accordance with this paragraph. Evaluation of the drinking water exposure pathway may be conducted during the Tier 2 Evaluation to determine if the pathway is complete.

(a) The current and potential future use of ground water underlying the UST site and surrounding area shall be used to determine if ground water underlying the UST site is either a drinking water source or not a drinking water source. During the tier 1 delineation, the following assumptions about ground water shall be made:

(i) The ground water use to be evaluated shall be the upper most saturated zone underlying the UST site. If any evidence suggests the chemical(s) of concern are present in the lower saturated zones, they must also be evaluated; and

(ii) Any identified current or potential future drinking water source in the surrounding area shall be assumed to be within the source area(s).

(b) The evaluation of ground water use underlying the UST site and surrounding area shall be based on reasonably available information including, but not limited to, information collected or maintained by the bureau of underground storage tank regulations, Ohio environmental protection agency, Ohio department of natural resources (including located and unlocated potable well logs), county health departments, and public water supply organizations.

(c) The ground water underlying the UST site and surrounding area shall be considered a drinking water source if any of the following apply:

(i) The UST site or surrounding area is located in a drinking water source protection area as defined by paragraph (C) of this rule.

(ii) The UST site is in a Sensitive Area as defined by rule 1301:7-9-09 of the Administrative Code.

(iii) An existing drinking water source in the ground water is identified within the surrounding area, even if the source is completed into a lower saturated zone than the saturated zone to be evaluated on the UST site. This identification shall include the information required in paragraph (I)(1)(b).

(iv) A surface water body is located within three hundred feet of the UST system.

(d) If the UST site does not meet the drinking water requirements of paragraph (I)(2)(c) of this rule, then ground water underlying the UST site shall be considered non-drinking water if any of the following apply:

(i) Ground water in the upper saturated zone yields less than three gallons per minute;

(ii) Ground water in the upper saturated zone has a background level of total dissolved solids of three thousand milligrams per liter or greater;

(iii) The UST site is located in an area where an urban setting designation pursuant to Chapter 3746. of the Revised Code and rules adopted thereunder has been approved by the director of Ohio environmental protection agency and the owner and operator verifies that the urban setting designation remains protective of the potable use pathway in accordance with rule 3745-300-10(D)(3)(b) of the Administrative Code;

(iv) No potable wells are located within three hundred feet of the UST site based on a physical survey and an ordinance requires a mandatory tie-in to a municipal water system for all properties in the surrounding area;

(v) No potable wells are located within three hundred feet of the UST site based on a physical survey and an ordinance prohibits the installation of potable water wells at all properties within the surrounding area;

(vi) No potable wells are located within three hundred feet of the UST site based on a physical survey and 100 percent of the properties within three hundred feet of the UST site are connected to a municipal water source or a municipal source is readily available ; or

(vii) The UST site is greater than five acres, and at least one of the conditions apply:

(a) No potable wells are located within three hundred feet of the UST system based on a physical survey and an ordinance requires a mandatory tie-in to a municipal water system for all properties in the surrounding area;

(b) No potable wells are located within three hundred feet of the UST system based on a physical survey and an ordinance prohibits the installation of potable water wells at all properties within the surrounding area; or

(c) No potable wells are located within three hundred feet of the UST system based on a physical survey and one hundred percent of the properties within three hundred feet of the UST system are connected to a municipal water source or a municipal source is readily available.

(e) If ground water is not drinking water pursuant to paragraph (I)(2)(c) of this rule and does not meet one of the criteria in paragraph (I)(2)(d) of this rule, then ground water shall be considered drinking water.

(f) Action levels shall be determined by applying the ground water determination, depth-to-ground water and soil class information to the action level tables in paragraph (J)(3) of this rule. An action level shall be identified for each environmental media and exposure pathway in accordance with paragraph (J)(2) of this rule.

(3) Tier 1 source investigation and delineation reporting (tier 1 investigation report).

The purpose of the tier 1 investigation report is to summarize the tier 1 source investigation and tier 1 delineation activities conducted pursuant to paragraphs (H) and (I) of this rule.

(a) Owners and operators shall prepare and submit a tier 1 investigation report on a form prescribed by the state fire marshal pursuant to paragraph (J) of this rule, within one year of the occurrence of any of the following:

(i) Receiving analytical results, which exceed action levels, while conducting investigations pursuant to paragraph (F)(3)(b) of this rule;

(ii) Electing to conduct corrective actions pursuant to paragraph (B)(2) of this rule ;

(iii) Receiving analytical results, which exceed action levels, from a closure assessment conducted pursuant to paragraph (F) of rule 1301:7-9-12 of the Administrative Code; or

(iv) Conducting corrective action activities pursuant to paragraph (B)(3) of this rule.

(b) The Tier 1 Investigation Report shall include the following information:

(i) A brief summary of any immediate corrective actions, including free product removal, soil excavation, and any actions taken to abate vapors or address safety concerns, including date(s) of each action, methods and techniques used, amount of material recovered, and current or most recent UST site conditions.

(ii) A summary of the tier 1 source investigation activities pursuant to paragraph (h) of this rule and the tier 1 delineation activities pursuant to (I)(1) of this rule which includes the following information:

(a) A brief description of the UST site and surrounding area, including:

(i) The applicable 7.5 minute United States geological survey (USGS) quadrangle map including:

(A) UST site location, map number, longitude and latitude; and

(B) Location of the USGS quadrangle within the state boundaries.

(b) Underground storage tank information that includes current and historical use of the UST system, age of the UST system, materials of construction, size, contents, location and available precision test results;

(c) A site map which accurately depicts the locations of known current and historical underground storage tank system(s), property boundaries, street locations, above ground structures, underground utilities, on-site potable well(s) and soil boring(s) and/or monitoring well(s) locations; and

(d) A summary of the data collection activities which includes, at a minimum, the following information:

(i) A summary of the rationale for sampling and testing locations;

(ii) A description of the field methodologies employed including, instrument calibration techniques and the make and model of equipment used;

(iii) Drilling logs and well construction diagrams which include:

(A) Type of sampler used (e.g., Shelby tube, California sampler, split-spoon);

(B) The organic vapor concentrations as determined by field screening techniques;

(C) A description of the presence of free product and its characteristics;

(D) Depth at which saturated conditions were first encountered during drilling and the depth of the static water level;

(E) A complete description of the soil sample for each interval including;

(1) The color and moisture content;

(2) The USCS classification;

(3) The gradation consistency;

(4) A description of horizontal and/or vertical fracturing of bedrock encountered while drilling;

(5) The type and description of bedrock with differentiation between weathered and competent bedrock;

(6) A description of any voids or significant pressure changes observed in bedrock drilling;

(7) A graphic illustration of each sample interval.

(8) A description of which soil sample interval(s) were sent to the laboratory for analysis; and

(9) Amount of sample recovery for each interval in units of feet ; and

(F) Coordinates of the boring location in decimal degrees accurate to within five feet of the actual location and reported to five decimal places.

(iv) Monitoring well development and sampling logs. The number and quantity of well purging volumes, date, sample appearance, time and duration of collection and development shall be documented.

(v) Depth-to-fluid, depth-to-water, free product thickness measurements, and top-of-casing and ground water elevations in tabular form for each well. When available, include historical data in the table and reference the source(s) of all information presented.

(vi) A ground water elevation contour map using all relevant monitoring wells to establish ground water contour and flow direction, the date that ground water measurements were collected and justification for the exclusion of specific monitoring wells in determination of flow direction, if applicable.

(vii) Analytical laboratory results including all of the following:

(A) Laboratory analyses in tabular form, by environmental medium, including applicable action levels. Present current results along with historical results, when available. Indicate sample collection date(s) and reference source(s) of all information presented. All tables shall include the corresponding method detection limit for each analysis that was below detection limits;

(B) Analytical results, quality assurance/quality control (QA/QC) procedures and data quality objectives including, without limitation, all laboratory certificates of analysis (data sheets), completed chain-of-custody forms indicating soil boring and/or monitoring well numbers and laboratory sample numbers ; and

(C)Laboratory analysis summary form as prescribed by the state fire marshal.

(viii) Chemical(s) of concern concentration maps for soil in units of milligrams per kilogram (mg/kg) and ground water in units of milligrams per liter (mg/l). Maps shall include the location of sampling points, the depth of each soil sample interval and the location of source area(s). Maps shall include historical soil and ground water results for the release being investigated. Maps that include ground water data may be limited to the most recent four sampling events unless directed by the state fire marshal.

(ix) Documentation used to determine if the saturated zone is ground water.

(iii) Documentation justifying the potential drinking water use determination made pursuant to paragraph (I)(2) of this rule.

(iv) Documentation regarding off-site access pursuant to paragraph (I)(1)(a)(iv) of this rule, as appropriate.

(v) Documentation regarding the determination of action levels by applying the information on the potential drinking water use determination and soil class to the appropriate tables in paragraph (J)(3) of this rule.

(4) Tier 1 investigation decision.

Upon submission of the tier 1 investigation report, the state fire marshal will evaluate the submitted information for completeness.

(a) If the concentrations of all chemical(s) of concern are at or below action levels determined in accordance with paragraph (I)(2)(f) of this rule for all applicable pathways, then no further action is required.

(b) If the concentrations of a particular chemical(s) of concern are at or below the action level(s) determined in accordance with paragraph (I)(2)(f) of this rule, then no further evaluation is necessary for that chemical of concern and for the corresponding exposure pathway.

(c) If the concentrations of chemical(s) of concern are above applicable action level(s) determined in accordance with paragraph (I)(2)(f) of this rule, and upon approval of the completeness of the tier 1 delineation, the owners and operators shall conduct one or a combination of the following:

(i) Conduct an Interim Response Action pursuant to paragraph (K) of this rule;

(ii) Conduct a tier 2 evaluation pursuant to paragraph (L) of this rule; or

(iii) Submit a remedial action plan pursuant to paragraph (N) of this rule.

(J) Action and delineation levels.

(1) Delineation levels.

The delineation levels in soil and ground water for chemical(s) of concern shall be as follows:

Chemicals of Concern Ground water (mg/l) Soil (mg/kg)
Benzene 0.428 1.04
Toluene 15.5 61.3
Ethylbenzene 38.1 199
o, m and p-xylenes 10 15.7
Methyl tertiary-butyl ether (MTBE) 1,240 1,240
Benzo(a)anthracene 66.7 11
Benzo(a)pyrene 12.7 1.1
Benzo(b)fluoranthene 6.72 11
Benzo(k)fluoranthene 2380 110
Chrysene 715 1,100
Dibenz(a,h)anthracene 35.3 1.1
Indeno(1,2,3 -c,d)pyrene 202 11
Naphthalene 2.22 54

(2) Action levels.

(a) If ground water is determined to be a drinking water source in accordance with paragraph (I)(2)(c) or (I)(2)(e) of this rule, then the maximum concentrations of each chemical of concern in soil and ground water, for the corresponding soil type, shall be compared to the applicable action levels in paragraph (J)(3) of this rule, for the following pathways:

(i) Ground water ingestion;

(ii) Direct contact with soil;

(iii) Soil to drinking water leaching;

(iv) Soil to indoor air;

(v) Ground water to indoor air;

(vi) Ground water to outdoor air; and

(vii) Soil to outdoor air.

(b) If ground water is determined to be non-drinking water in accordance with paragraph (I)(2)(d), then the maximum concentrations of each chemical of concern in soil and ground water, for the corresponding soil class, shall be compared to the applicable action levels in paragraph (J)(3) of this rule, for the following tables:

(i) Direct contact with soil;

(ii) Soil to non-drinking water leaching;

(iii) Soil to indoor air;

(iv) Ground water to indoor air;

(v) Ground water to outdoor air; and

(vi) Soil to outdoor air.

(c) If no ground water has been encountered as defined in paragraph (C)(12) of this rule, then the maximum concentrations of each chemical of concern in soil, for the corresponding soil class, shall be compared to the applicable action levels in paragraph (J)(3) of this rule, for the following pathways:

(i) Direct contact with soil;

(ii) Soil to indoor air; and

(iii) Soil to outdoor air.

(3) Action level look-up tables.

(a) The action levels in ground water for the ground water ingestion pathway for chemical(s) of concern shall be as follows:

Ground Water Ingestion Action Levels

Chemicals of Concern Action Levels
Benzene 0.005
Toluene 1
Ethylbenzene 0.7
o, m and p-Xylenes 10
Methyl tertiary-butyl ether (MTBE) 0.04
Benzo(a)anthracene 0.00026
Benzo(a)pyrene 0.0002
Benzo(b)fluoranthene 0.00017
Benzo(k)fluoranthene 0.0017
Chrysene .047
Dibenz(a,h)anthracene 0.0002
Indeno(1,2,3-c,d)pyrene 0.00022
Naphthalene 0.14

All chemical concentrations expressed in milligrams per liter (mg/L).

(b) The action levels in ground water for the ground water to indoor air pathway for chemical(s) of concern shall be as follows for the applicable soil type and depth to ground water:

Soil class 1

Chemicals of Concern Ground Water to Indoor Air
<15 Feet 15-30 Feet 31-50 Feet >50 Feet
Residential Non-Resid. Residential Non-Resid. Residential Non-Resid. Residential Non-Resid.
Benzene 4.28 26.80 4.28 26.80 4.34 27.20 4.42 27.70
Toluene 155.00 2, 510.00 155.00 2, 520.00 157.00 2, 550.00 160.00 2, 600.00
Ethylbenzene 381.00 6, 180.00 381.00 6, 180.00 387.00 6, 270.00 393.00 6, 380.00
o, m and p-Xylenes 41.30 670.00 41.30 671.00 41.90 681.00 42.70 692.00
MTBE* 12, 400.00 200, 000.00 12, 400.00 201, 000.00 12, 600.00 204, 000.00 12, 800.00 208, 000.00
Benzo(a)anthracene 667.00 4, 170.00 668.00 4, 180.00 683.00 4, 270.00 701.00 4, 390.00
Benzo(a)pyrene 127.00 794.00 127.00 796.00 132.00 825.00 137.00 860.00
Benzo(b)fluoranthene 67.20 421.00 67.30 421.00 68.40 428.00 69.60 436.00
Benzo(k)fluoranthene 23, 800.00 149, 000.00 23, 900.00 149, 000.00 25, 000.00 156, 000.00 26, 300.00 164, 000.00
Chrysene 7, 150.00 44, 700.00 7, 160.00 44, 800.00 7, 270.00 45, 500.00 7, 410.00 46, 400.00
Dibenz(a,h)anthracene 353.00 2, 210.00 356.00 2, 230.00 404.00 2, 530.00 461.00 2, 890.00
Indeno(1,2,3-c,d)pyrene 2, 020.00 12, 600.00 2, 030.00 12, 700.00 2, 100.00 13, 100.00 2, 190.00 13, 700.00
Naphthalene 22.20 359.00 22.20 360.00 22.50 365.00 22.90 372.00

* Methyl tertiary-butyl ether

All chemical concentrations expressed in milligrams per liter (mg/L).

Soil class 2

Chemicals of Concern Ground Water to Indoor Air
<15 Feet 15-30 Feet 31-50 Feet >50 Feet
Residential Non-Resid. Residential Non-Resid. Residential Non-Resid. Residential Non-Resid.
Benzene 4 29 26 80 4 29 26 90 4 38 27 40 4 49 28 10
Toluene 155 00 2,520 00 155 00 2,520 00 159 00 2,570 00 162 00 2,640 00
Ethylbenzene 382 00 6,190 00 382 00 6,200 00 390 00 6,330 00 399 00 6,480 00
0, m and p-Xylenes 4140 672 00 4140 672 00 42 30 686 00 43 30 703 00
MTBE* 12,400 00 201,000 00 12,400 00 201,000 00 12,700 00 206,000 00 13,000 00 211,000 00
Benzo(a)anthracene 669 00 4,180 00 670 00 4,190 00 689 00 4,310 00 712 00 4,450 00
Benzo(a)pyrene 127 00 795 00 127 00 797 00 132 00 828 00 138 00 865 00
Benzo(b)fluoranthene 67 40 422 00 67 50 422 00 69 00 432 00 70 80 443 00
Benzo(k)fluoranthene 23,800 00 149,000 00 23,800 00 149,000 00 24,900 00 156,000 00 26,200 00 164,000 00
Chrysene 7,170 00 44,900 00 7,180 00 44,900 00 7,340 00 45,900 00 7,530 00 47,100 00
Dibenz(a,h)anthracene 344 00 2,150 00 346 00 2,160 00 369 00 2,310 00 397 00 2,490 00
Indeno(l,2,3-c,d)pyrene 2,020 00 12,700 00 2,030 00 12,700 00 2,110 00 13,200 00 2,200 00 13,800 00
Naphthalene 22 20 360 00 22 20 361 00 22 70 369 00 23 30 378 00

* Methyl tertiary-butyl ether

All chemical concentrations expressed in milligrams per liter (mg/L).

Soil class 3

Chemicals of Concern Ground Water to Indoor Air
<15 Feet 15-30 Feet 31-50 Feet >50 Feet
Residential Non-Resid. Residential Non-Resid. Residential Non-Resid. Residential Non-Resid.
Benzene 4 39 27 50 4 42 27 60 4 80 30 10 5 26 32 90
Toluene 159 00 2,580 00 160 00 2,600 00 174 00 2,820 00 190 00 3,090 00
Ethylbenzene 391 00 6,350 00 393 00 6,380 00 427 00 6,930 00 468 00 7,590 00
0, m and p-Xylenes 42 40 688 00 42 70 692 00 46 40 752 00 50 80 824 00
MTBE* 12,700 00 206,000 00 12,800 00 207,000 00 13,900 00 226,000 00 15,300 00 249,000 00
Benzo(a)anthracene 669 00 4,190 00 670 00 4,190 00 690 00 4,320 00 714 00 4,470 00
Benzo(a)pyrene 126 00 789 00 126 00 790 00 129 00 804 00 131 00 822 00
Benzo(b)fluoranthene 68 90 431 00 69 30 433 00 74 90 469 00 81 70 511 00
Benzo(k)fluoranthene 23,500 00 147,000 00 23,600 00 147,000 00 23,900 00 150,000 00 24,400 00 153,000 00
Chrysene 7,330 00 45,800 00 7,360 00 46,100 00 7,960 00 49,800 00 8,660 00 54,200 00
Dibenz(a,h)anthracene 337 00 2,110 00 337 00 2,110 00 342 00 2,140 00 347 00 2,170 00
Indeno(l,2,3-c,d)pyrene 2,010 00 12,600 00 2,010 00 12,600 00 2,050 00 12,800 00 2,090 00 13,100 00
Naphthalene 22 80 370 00 22 90 372 00 25 00 406 00 27 50 446 00

* Methyl tertiary-butyl ether

All chemical concentrations expressed in milligrams per liter (mg/L).

(c) The action levels in ground water for the ground water to outdoor air pathway for chemical(s) of concern shall be as follows for the applicable soil type:

Soil class 1

Chemicals of Concern Ground Water to Outdoor Air
Residential Non-Residential Excavation Worker
Benzene 818.00 515.00 5, 520.00
Toluene 32, 500.00 53, 100.00 68, 800.00
Ethylbenzene 82, 700.00 135, 000.00 175, 000.00
o, m, and p-Xylenes 8, 560.00 14, 000.00 18, 100.00
Methyl tertiary-butyl ether (MTBE) 758, 000.00 >1E^+6 >1E^+6
Benzo(a)anthracene 24, 800.00 15, 600.00 507, 000.00
Benzo(a)pyrene 7, 680.00 4, 840.00 157, 000.00
Benzo(b)fluoranthene 2, 020.00 1, 270.00 41, 200.00
Benzo(k)fluoranthene >1E^+6 >1E^+6 >1E^+6
Chrysene 212, 000.00 133, 000.00 >1E^+6
Dibenz(a,h)anthracene 78, 400.00 49, 400.00 >1E^+6
Indeno(1,2,3-c,d)pyrene 123, 000.00 77, 200.00 >1E^+6
Naphthalene 1, 200.00 1, 970.00 2, 550.00

All chemical concentrations expressed in milligrams per liter (mg/L).

Soil class 2

Chemicals of Concern Ground Water to Outdoor Air
Residential oncer Non-Residential Excavation Worker
Benzene 860.00 541.00 5, 800.00
Toluene 34, 000.00 55, 600.00 72, 000.00
Ethylbenzene 86, 300.00 141, 000.00 183, 000.00
o, m and p-Xylenes 8, 960.00 14, 600.00 18, 900.00
Methyl tertiary-butyl ether (MTBE) 885, 000.00 >1E^+6 >1E^+6
Benzo(a)anthracene 31, 600.00 19, 900.00 645, 000.00
Benzo(a)pyrene 8, 200.00 5, 170.00 167, 000.00
Benzo(b)fluoranthene 2, 720.00 1, 710.00 55, 500.00
Benzo(k)fluoranthene >1E^+6 >1E^+6 >1E^+6
Chrysene 286, 000.00 180, 000.00 >1E^+6
Dibenz(a,h)anthracene 38, 700.00 24, 400.00 789, 000.00
Indeno(1,2,3-c,d)pyrene 131, 000.00 82, 400.00 >1E^+6
Naphthalene 1, 430.00 2, 340.00 3, 030.00

All chemical concentrations expressed in milligrams per liter (mg/L).

Soil class 3

Chemicals of Concern Ground Water to Outdoor Air
Residential Non-Residential Excavation Worker
Benzene 1, 350.00 848.00 9, 080.00
Toluene 51, 500.00 84, 100.00 109, 000.00
Ethylbenzene 129, 000.00 211, 000.00 273, 000.00
o, m, and p-Xylenes 13, 600.00 22, 200.00 28, 800.00
Methyl tertiary-butyl ether (MTBE) >1E^+6 >1E^+6 >1E^+6
Benzo(a)anthracene 33, 000.00 20, 800.00 673, 000.00
Benzo(a)pyrene 3, 870.00 2, 440.00 78, 900.00
Benzo(b)fluoranthene 9, 560.00 6, 020.00 195, 000.00
Benzo(k)fluoranthene 642, 000.00 405, 000.00 >1E^+6
Chrysene 991, 000.00 625, 000.00 >1E^+6
Dibenz(a,h)anthracene 7, 210.00 4, 540.00 147, 000.00
Indeno(1,2,3-c,d)pyrene 61, 500.00 38, 700.00 >1E^+6
Naphthalene 4, 030.00 6, 590.00 8, 540.00

All chemical concentrations expressed in milligrams per liter (mg/L).

(d) The action levels in soil for the direct contact with soil pathway for chemical(s) of concern shall be as follows for all soil types:

Chemicals Of Concern Direct Contact
Residential Non-Residential Excavation Worker
Benzene 9.8 100 310
Toluene 590 5,900 24,000
Ethylbenzene 1,500 17,000 160,000
o, m and p-Xylenes 660 6,400 7,000
Methyl tertiary-butyl ether (MTBE) 5,300 52,000 57,000
Benzo(a)anthracene 11 63 810
Benzo(a)pyrene 1.1 6.3 81
Benzo(b)fluoranthene 11 63 810
Benzo(k)fluoranthene 110 630 8,100
Chrysene 1,100 6,700 41,000
Dibenz(a,h)anthracene 1.1 6.7 41
Indeno(1,2,3-c,d)pyrene 11 67 410
Naphthalene 54 530 1,900

All chemical concentrations expressed in milligrams per kilogram (mg/kg).

(e) The soil action levels for total petroleum hydrocarbon (TPH) shall be as follows:

Petroleum Fraction Soil Class 1 Soil Class 2 Soil Class 3
Light Distillate Fraction (C6-C12) 1,000 5,000 8,000
Middle Distillate Fraction (C10-20) 2,000 10,000 20,000
Heavy Distillate Fraction (C20-C34) 5,000 20,000 40,000

All chemical concentrations expressed in milligrams per kilogram (mg/kg).

(f) The action levels in soil for the soil to indoor air, soil to outdoor air, soil to drinking water leaching and soil to non-drinking water leaching pathway for chemical(s) of concern shall be as follows for the applicable soil type:

Soil class 1

Chemicals of Concern Soil to Indoor Air Soil to Outdoor Air Soil to Drinking Water Leaching Soil to Non-Drinking Water
Residential Non-Residential Residential Non-Residential Excavation
Benzene 1.04 6.50 32.70 20.60 221.00 0.149 12.80
Toluene 61.300 994.00 1, 930.00 3, 150.00 4, 090.00 49.100 760.00
Ethylbenzene 199.000 3, 230.00 6, 280.00 10, 300.00 13, 300.00 45.500 2, 480.00
o, m and p-Xylenes 15.700 254.00 494.00 806.00 1, 040.00 469.00 194.00
Methyl tertiary-butyl ether (MTBE) 1, 240.00 20, 200.00 39, 300.00 64, 200.00 83, 100.00 0.470 14, 600.00
Benzo(a)anthracene 476, 000.00 >1E^+6 >1E^+6 >1E^+6 >1E^+6 22.20 >1E^+6
Benzo(a)pyrene 245, 000.00 >1E^+6 >1E^+6 >1E^+6 >1E^+6 50.60 >1E^+6
Benzo(b)fluoranthene 165, 000.00 >1E^+6 >1E^+6 >1E^+6 >1E^+6 55.30 >1E^+6
Benzo(k)fluoranthene >1E^+6 >1E^+6 >1E^+6 >1E^+6 >1E^+6 501.00 >1E^+6
Chrysene >1E^+6 >1E^+6 >1E^+6 >1E^+6 >1E^+6 4, 410.00 >1E^+6
Dibenz(a,h)anthracene >1E^+6 >1E^+6 >1E^+6 >1E^+6 >1E^+6 94.00 >1E^+6
Indeno(1,2,3-c,d)pyrene >1E^+6 >1E^+6 >1E^+6 >1E^+6 >1E^+6 244.00 >1E^+6
Naphthalene 54.000 877.000 1, 710.00 2, 790.00 3, 610.00 39.80 632.00

All chemical concentrations expressed in milligrams per kilogram (mg/kg).

Soil class 2

Chemical of Concern Soil to Indoor Air Soil to Outdoor Air Soil to Drinking Water Leaching Soil to Non-Drinking Water
Residential Non-Residential Residential Non-Residential Excavation
Benzene 1.15 7.22 51.00 32.10 344.00 0.252 21.60
Toluene 70.800 1, 150.000 3, 130.00 5, 110.00 6, 610.00 105.000 1, 630.00
Ethylbenzene 233.000 3, 780.000 10, 300.00 16, 800.00 21, 800.00 83.000 4, 530.00
o, m and p-Xylenes 18.000 291.000 793.00 1, 300.00 1, 680.00 825.000 342.00
Methyl tertiary-butyl ether (MTBE) 1, 370.000 22, 200.000 60, 500.00 98, 900.00 128, 000.00 0.788 24, 400.00
Benzo(a)anthracene 596, 000.000 >1E^+6 >1E^+6 >1E^+6 >1E^+6 18, 600.00 >1E^+6
Benzo(a)pyrene 306, 000.000 >1E^+6 >1E^+6 >1E^+6 >1E^+6 >1E^+6 >1E^+6
Benzo(b)fluoranthene 206, 000.000 >1E^+6 >1E^+6 >1E^+6 >1E^+6 >1E^+6 >1E^+6
Benzo(k)fluoranthene >1E^+6 >1E^+6 >1E^+6 >1E^+6 >1E^+6 738, 000.00 >1E^+6
Chrysene >1E^+6 >1E^+6 >1E^+6 >1E^+6 >1E^+6 451, 000.00 >1E^+6
Dibenz(a,h)anthracene >1E^+6 >1E^+6 >1E^+6 >1E^+6 >1E^+6 >1E^+6 >1E^+6
Indeno(1,2,3-c,d)pyrene >1E^+6 >1E^+6 >1E^+6 >1E^+6 >1E^+6 >1E^+6 >1E^+6
Naphthalene 67.300 1, 090.000 2, 980.00 4, 860.00 6, 300.00 84.20 1, 340.00

All chemical concentrations expressed in milligrams per kilogram (mg/kg).

Soil class 3

Chemical of Concern Soil to Indoor Air Soil to Outdoor Air Soil to Drinking Water Leaching Soil to Non-Drinking Water
Residential Non-Residential Residential Non-Residential Excavation
Benzene 1.42 8.86 267.00 168.00 1, 800.00 0.937 82.30
Toluene 86.000 1, 400.000 16, 200.00 26, 500.00 34, 300.00 479.000 7.610.00
Ethylbenzene 282.000 4, 570.000 53, 100.00 86, 800.00 112, 000.00 313.000 17, 500.00
0, m and p-Xylenes 21.700 353.000 4, 100.00 6, 700.00 8, 670.00 3, 060.000 1, 300.00
Methyl tertiary-butyl ether (MTBE) 1, 970.000 32, 000.000 368, 000.00 601, 000.00 778, 000.00 3.440 109, 000.00
Benzo(a)anthracene 716, 000.000 >lE^+6 >lE^+6 >lE^+6 >lE^+6 >lE^+6 >lE^+6
Benzo(a)pyrene 366, 000.000 >lE^+6 >lE^+6 >lE^+6 >lE^+6 >lE^+6 >lE^+6
B enzo(b) fluoranthene 251, 000.000 >lE^+6 >lE^+6 >lE^+6 >lE^+6 >lE^+6 >lE^+6
B enzo(k) fluoranthene >lE^+6 >lE^+6 >lE^+6 >lE^+6 >lE^+6 >lE^+6 >lE^+6
Chrysene >lE^+6 >lE^+6 >lE^+6 >lE^+6 >lE^+6 >lE^+6 >lE^+6
Dibenz(a,h)anthracene >lE^+6 >lE^+6 >lE^+6 >lE^+6 >lE^+6 >lE^+6 >lE^+6
Indeno (l,2,3-c,d)pyrene >lE^+6 >lE^+6 >lE^+6 >lE^+6 >lE^+6 >lE^+6 >lE^+6
Naphthalene 82.800 1, 340.000 15, 400.00 25, 100.00 32, 500.00 362.000 5, 890.000

All chemical concentrations expressed in milligrams per kilogram (mg/kg).

(4) Multiple chemical adjustments.

Where ten or more non-carcinogenic or carcinogenic chemicals of concern are present when analyzing for Analytical Groups 4 and/or 5, the standard for each chemical of concern shall be adjusted to meet the following goals:

(a) For chemicals of concern having carcinogenic effects, the cumulative carcinogenic risk for all chemical(s) of concern shall not exceed a total excess upper bound cancer risk of 1x 10-05 (i.e., one excess cancer in a population of 100,000);

(b) For chemicals of concern having non-carcinogenic effects, the cumulative risk for all chemical(s) of concern shall not exceed a hazard index of one.

(c) A cumulative adjustment shall be made for each of the following pathways:

(i) Ground water ingestion;

(ii) Direct contact with soil;

(iii) Soil to indoor air; and

(iv) Ground water to indoor air.

(K) Interim Response Action.

(1) If an Interim Response Action is to be conducted it must be implemented within ninety days of approval of a tier 1 delineation conducted pursuant to paragraph (i) of this rule, a tier 2 evaluation conducted pursuant to paragraph (l) of this rule or a tier 3 evaluation conducted pursuant to paragraph (M) of this rule. Once an interim response action has been completed, previously identified potentially complete exposure pathways shall be re-evaluated.

(2) An interim response action notification shall be submitted on a form prescribed by the state fire marshal ten days prior to beginning the interim response action. The notification shall include the following:

(a) A description of the interim response action;

(b) The anticipated volume of soil to be excavated, if applicable;

(c) The estimated volume of petroleum contaminated soil to be removed from the site and free product and/or ground water to be recovered, if applicable;

(d) The anticipated length of time of the interim response action;

(e) A site map indicating the limits of excavation if soil is to be removed;

(f) A proposed sampling and analysis plan; and

(g) A brief description of the rationale for the selected "Interim Response Action."

(3) Prior approval of an interim response action shall be obtained from the state fire marshal if:

(a) The combined total volume of soil to be excavated for all tier evaluations will be greater than eight hundred cubic yards;

(b) The anticipated time to initiate and complete the interim response action is greater than three months; or

(c) More than one interim response action is to be conducted for all tier evaluations.

(4) A report summarizing the interim response action(s) shall be submitted to the state fire marshal within sixty days of completing the activities and shall contain, at a minimum, the following information as appropriate:

(a) A completed petroleum contaminated soil form as provided by the state fire marshal;

(b) Copies of laboratory data sheets and chain-of-custody form(s);

(c) A site map showing the limits of the excavation zone(s) and sample locations;

(d) A discussion of sample collection, field screening and preservation techniques;

(e) A discussion of the treatment technique used to address chemical(s) of concern in soil and/or ground water;

(f) Actual volume of soil and/or ground water remediated;

(g) A discussion of soil and ground water disposal techniques ; and

(h) Laboratory analysis summary form as prescribed by the state fire marshal.

(L) Tier 2 evaluation.

The purpose of a tier 2 evaluation is to define the distribution of chemical(s) of concern to the applicable action levels, determine the current and potential future land use for the UST site and surrounding properties, develop a site conceptual exposure model and develop site-specific target levels using spreadsheets and models approved by the state fire marshal. A tier 2 evaluation shall be conducted in accordance with all of the following:

(1) Determination of the distribution of chemical(s) of concern.

(a) The distribution of chemical(s) of concern shall be delineated in all directions from the source areas(s) to the applicable tier 1 action level(s) determined for the UST site.

(b) Soil borings and ground water monitoring wells shall be installed in accordance with paragraph (H)(1)(d) of this rule.

(c) If the highest concentration of a particular chemical(s) of concern is determined to be below detection limits and below action levels as specified by this rule during the tier 1 source investigation conducted pursuant to paragraph (H) of this rule, then that chemical(s) of concern may be excluded from future tier evaluations.

(d) If the determination of the likely distribution of chemical(s) of concern requires off-site access, owners and operators shall use their best efforts to obtain permission to enter such off-site areas to complete the investigations required by this rule. At a minimum, this effort shall include at least three attempts to contact the property owner within a ninety day period for access permission. If access cannot be obtained, owners or operators shall submit written notice to the state fire marshal within forty-five days after determining off-site access cannot be obtained or forty-five days after the third unsuccessful request for access. The notice shall describe the efforts taken by the owners or operators to obtain off-site access, the reasons why access could not be obtained, and include contact information for the off-site access requests along with copies of documents and/or phone logs. Owners and operators shall take additional action to obtain off-site access if requested by the state fire marshal.

(2) Land use determination.

(a) Land use for the UST site shall be residential unless:

(i) The current land use at the UST site is not residential and seventy-five percent of the area within three hundred feet of the property boundaries of the UST site is non-residential land use; or

(ii) A land use restriction as approved by the state fire marshal for the UST site in accordance with paragraph (L)(4)(a)(ii)(c) of this rule has been documented and recorded in the county where the UST site is located or the owners and operators enter into an environmental covenant with the state fire marshal in accordance with sections 5301.80 to 5301.92 of the Revised Code.

(b) Land use for the UST site and adjacent properties shall be determined as residential or non-residential using reasonably available information based on the following:

(i) The historical land use of the UST site and adjacent properties;

(ii) The current land use of the UST site and adjacent properties;

(iii) The historical zoning or planning designation for the UST site and adjacent properties; and

(iv) The current zoning or planning designation for the UST site and adjacent properties.

(3) Action level determination.

Action levels for the UST site shall be determined in accordance with the following:

(a) Non-residential land use.

(i) If the UST site meets the non-residential land use determination pursuant to paragraph (L)(2)(a) of this rule, then the owners and operators shall compare the concentrations of chemical(s) of concern to the appropriate non-residential action levels and ground water use action levels in paragraph (J)(3) of this rule.

(a) If the concentrations of all chemical(s) of concern are at or below the action levels for all applicable pathways, then no further action is required. The owners and operators shall prepare a tier 2 evaluation report in accordance with paragraph (L)(7) of this rule.

(b) If the concentration of a specific chemical of concern is at or below the action level(s), then no further evaluation is necessary for that chemical of concern and for the corresponding complete exposure pathway.

(c) If one or more of the concentrations of chemical(s) of concern are above non-residential land use and/or ground water use action levels as determined in accordance with paragraph (I)(2) of this rule for any applicable pathway, owners and operators shall develop a site conceptual exposure model pursuant to paragraph (L)(4) of this rule.

(b) Residential land use.

If the UST site does not meet the non-residential land use determination pursuant to paragraph (L)(2) of this rule, owners and operators shall develop a site conceptual exposure model pursuant to paragraph (L)(4) of this rule.

(c) If chemical(s) of concern have migrated off the UST site, action levels shall be developed for each impacted property pursuant to paragraph (J) of this rule according to the corresponding land use.

(4) Site conceptual exposure model.

A site conceptual exposure model shall be developed to clearly describe the conditions under which an exposure to chemical(s) of concern may occur by identifying exposure pathways and points of exposure in accordance with the following:

(a) Pathway evaluation.

(i) Exposure pathway identification.

Identify all exposure pathways that exceed tier 1 action levels determined pursuant to paragraphs (H)(2) and (L)(3) of this rule. Pathway identification shall include identifying all receptors, media and transport mechanisms and routes of exposure in accordance with the following:

(a) Receptor identification Identify current and potential future receptors that may be exposed to the release. At a minimum, the following potential receptors shall be evaluated:

(i) Adults and children for residential scenarios;

(ii) Adults for non-residential scenarios;

(iii) Adults for excavation worker scenarios; and

(iv) Aquatic life and recreational receptors in a surface water body located within

three hundred feet of the UST site.

(b) Media identification.

The environmental media that are likely to contain concentrations of chemicals of concern shall be identified for evaluation. The following environmental media shall be evaluated:

(i) Soil;

(ii) Ground water;

(iii) Surface water;

(iv) Indoor air; and

(v) Outdoor air.

(c) Transport mechanisms identification.

All fate and transport mechanisms for chemical(s) of concern in the environmental media shall be identified. The following transport mechanisms shall be evaluated for all applicable pathways:

(i) Atmospheric dispersion;

(ii) Volatilization;

(iii) Enclosed space vapor accumulation; and

(iv) Soil leaching and ground water transport.

(d) Routes of exposure identification.

The following routes of exposure shall be evaluated:

(i) Ingestion;

(ii) Inhalation; and

(iii) Direct contact.

(ii) Pathway completeness evaluation.

Evaluate exposure pathways to determine if the exposure pathways identified in the site conceptual exposure model developed in accordance with paragraph (L)(4)(a)(i) of this rule are complete.

(a) An exposure pathway is incomplete when any one of the following criteria exists:

(i) There is no point(s) of exposure identified pursuant to paragraph (L)(4)(b) of this rule, for a chemical of concern in an identified environmental media;

(ii) Site-specific data demonstrates that there is no transport mechanism in the identified environmental media to move the chemical(s) of concern from the source area(s) to the point(s) of exposure;

(iii) Site-specific data demonstrates that there are no route(s) of exposure for the identified receptor

(iv) Points of exposure are eliminated by ground water use restrictions enforceable by a local government and/or regulatory agency, or by an environmental covenant with the state fire marshal;

(v) Points of exposure are eliminated by land use restrictions enforceable by a local government and/or regulatory agency, or by an environmental covenant with the state fire marshal.

(b) If the pathway cannot be determined to be incomplete according to the criteria listed in paragraph (L)(4)(a)(ii)(a) of this rule, the exposure pathway shall be considered complete.

(c) Land use restrictions.

Where points of exposure are eliminated based on a land use restriction, owners and operators shall enter into an environmental covenant with the state fire marshal in accordance with sections 5301.80 to 5301.92 of the Revised Code that is recorded in the county where the UST site is located for the purpose of restricting the land use to activities that are consistent with the land use determination. A copy of the mechanism used shall be provided with the Tier 2 Evaluation report.

(d) Ground water use restrictions.

Where points of exposure are eliminated based on a ground water use restriction, owners and operators shall enter into an environmental covenant with the state fire marshal in accordance with sections 5301.80 to 5301.92 of the Revised Code that is recorded in the county where the UST site is located for the purpose of restricting the drinking water use to activities that are consistent with the ground water use determination. A copy of the mechanism used shall be provided with the tier 2 evaluation report.

(iii) Pathway evaluation conclusions.

(a) If an exposure pathway is determined to be complete in accordance with paragraph (L)(4)(a)(ii)(b) of this rule, then owners and operators shall evaluate points of exposure pursuant to paragraph (L)(4)(b) of this rule.

(b) If an exposure pathway is determined to be incomplete in accordance with paragraph (L)(4)(a)(ii)(a) of this rule, then no further evaluation will be required for that exposure pathway. The determination that an exposure pathway is incomplete shall be documented and based on information and data collected during the Tier 2 Evaluation.

(b) Points of exposure.

(i) Identify point(s) of exposure based on the current and reasonably anticipated future use at the UST site and in the surrounding area. At a minimum, all of the following potential point(s) of exposure shall be evaluated:

(a) Where ground water has been determined to be a drinking water source in accordance with paragraph (I)(2)(c) or (I)(2)(e) of this rule, the point of exposure shall be one of the following, whichever is closest to the source area(s):

(i) Any potable well located on the UST site;

(ii) The property line when the UST site is located in a drinking water source protection area;

(iii) The drinking water source protection area boundary if a drinking water source protection area is within three hundred feet of the UST site;

(iv) The property line, unless one of the following can be demonstrated:

(A) No potable wells are located on or within three hundred feet of the UST site based on a physical survey and an ordinance requires a mandatory tie-in to a municipal water system for all properties in the surrounding area;

(B) No potable wells are located on or within three hundred feet of the UST site based on a physical survey and an ordinance prohibits the installation of potable water wells at all properties within the surrounding area; or

(C) No potable wells are located on or within three hundred feet of the UST site based on a physical survey and 100 percent of the properties within three hundred feet of the UST site are connected to a municipal water source or a municipal source is readily available;

(v) If the point of exposure is determined to be the property line in accordance with paragraph (L)(4)(b)(i)(a)(ii) or (L)(4)(b)(i)(a)(iv) of this rule, and a roadway or railroad separates the source area from a property where a potable well could be installed, the point of exposure may be extended across the roadway or railroad to the property line of that property;

(vi)If a point of exposure has not been identified in paragraphs (L)(4)(b)(i)(a)(i) to (L)(4)(b)(i)(a)(iv) of this rule, the point of exposure shall be three hundred feet from the source area(s) or an alternate point of exposure approved by the state fire marshal; or

(vii)Not withstanding paragraphs (L)(4(b)(i)(a)(i) to (L)(4(b)(i)(a) (vi) of this rule, the state fire marshal may require that point(s) of exposure be evaluated other than or in addition to those specified in paragraph (L)(4)(b) of this rule.

(b) Surface water where a surface water body exists within three hundred feet of the UST site;

(c) Residential and/or other buildings located or anticipated to be located above soil or ground water containing concentrations of chemical(s) of concern;

(d) Subsurface structures, such as utility manways and underground tunnels; and

(e) Surface and subsurface soil areas where:

(i) The current or reasonably anticipated future use is determined to be residential land use then a point of exposure for direct contact with surface soil shall be zero to ten feet below ground surface.

(ii) The current and reasonably anticipated future use is determined to be non-residential then a point of exposure for direct contact with surface soil shall be zero to two feet below ground surface.

(c) If the distribution of chemical(s) of concern cannot be defined on properties that are impacted or potentially impacted by the release, concentrations of chemical(s) of concern at the affected property boundary line(s) shall meet action levels appropriate to each property's land use determination.

(5) Site-specific target level development.

(a) Fate and transport of chemical(s) of concern above action levels that have complete exposure pathways shall be evaluated by conducting one or a combination of the following:

(i) Develop site-specific target levels by replacing default values specified by the state fire marshal for the geological, hydrogeological, and physical parameters in the algorithms used to develop action levels with site-specific values;

(ii) Utilize analytical fate and transport modeling, approved by the state fire marshal, to predict concentrations of chemical(s) of concern at each point of exposure; or

(iii) Back calculate site-specific target levels by utilizing analytical fate and transport models, approved by the state fire marshal, from the point(s) of exposure to the source area for any complete pathway(s). The calculated site-specific target levels must be protective of human health and the environment at each point of exposure determined pursuant to paragraph (L)(4)(b) of this rule.

(b) The default values shall not be replaced by alternative literature values. Any non-default input data shall be representative of the UST site conditions.

(c) Proper documentation of the modeling work shall be prepared and submitted to the state fire marshal within the tier 2 evaluation report. The documentation shall include input values, assumptions and the results of the modeling. Model results must be reproducible by the state fire marshal.

(d) After determining site-specific target levels, the maximum concentrations of chemical(s) of concern for each complete exposure pathway shall be compared to the calculated site-specific target levels.

(e) Where site-specific target levels are developed based on land use other than residential land use and non-residential land use is not established in accordance with paragraph (L)(2)(a)(i) of this rule, owners and operators shall enter into an environmental covenant with the state fire marshal in accordance with sections 5301.80 to 5301.92 of the Revised Code to restrict the land use to activities that are consistent with the land use determination. A copy of the mechanism used shall be provided with the Tier 2 Evaluation report.

(f) Where site-specific target levels are developed based on ground water use other than drinking water use and non-drinking water use is not established in accordance with paragraph (I)(2)(d) of this rule, owners and operators shall enter into an environmental covenant with the state fire marshal in accordance with sections 5301.80 to 5301.92 of the Revised Code to restrict the drinking water use to activities that are consistent with the ground water use determination. A copy of the mechanism used shall be provided with the tier 2 evaluation report.

(6) Tier 2 decisions.

Upon submission of the tier 2 evaluation report, the state fire marshal will evaluate the submitted information for completeness and either issue a letter of approval or a letter requesting additional information, as appropriate. The maximum concentrations of chemical(s) of concern shall be compared to the action level or tier 2 site-specific target levels, as applicable.

(a) If the concentrations of all chemical(s) of concern are at or below tier 2 site-specific target levels for all pathways and no monitoring is required pursuant to paragraph (O) of this rule, then no further action is required. If required by paragraph (O) of this rule, a monitoring plan shall be developed for ground water and submitted with the tier 2 evaluation report, prepared in accordance with paragraph (L)(7) of this rule, to demonstrate that concentrations of all chemical(s) of concern will remain at or below Tier 2 site-specific target levels.

(b) If the concentration of a specific chemical of concern is at or below the tier 2 site-specific target levels, then no further evaluation is necessary for that chemical of concern and for the corresponding complete exposure pathway.

(c) If the concentrations of chemical(s) of concern are above the tier 2 site-specific target levels for one or more exposure pathways, then the owners and operators shall complete one or a combination of the following to address the chemical(s) of concern and the corresponding complete exposure pathways:

(i) An interim response action, under paragraph (K) of this rule, may be implemented to eliminate a complete exposure pathway or to reduce concentrations of chemical(s) of concern in the source area(s) to a level at or below the tier 2 site-specific target levels in accordance with paragraph (L) of this rule.

(ii) A remedial action plan, pursuant to paragraph (N) of this rule, may be developed using the tier 2 site-specific target levels for remedial action.

(iii) A tier 3 evaluation plan in accordance with paragraph (M) of this rule may be developed and submitted with the tier 2 Evaluation report.

(iv) A plan for approval by the state fire marshal to calibrate or disprove the fate and transport model using additional site-specific data. This plan shall be submitted with the tier 2 evaluation report.

(7) Tier 2 evaluation report.

(a) Owners and operators shall prepare and submit the tier 2 evaluation report to the state fire marshal, within eighteen months from the approval of the tier 1 Investigation report:

(b) The tier 2 evaluation report shall include all of the following information:

(i) A summary of the maximum concentrations for all chemical(s) of concern in soil and ground water, the potential drinking water use determination, depth-to-ground water and the soil class for each complete pathway determined during the tier 1 source investigation and the tier 1 delineation activities;

(ii) Tier 2 delineation documentation.

A summary of the tier 2 delineation data collection activities that includes, at a minimum, the following information:

(a) A summary of the rationale for sampling and testing locations;

(b) A description of the field methodologies employed, including instrument calibration techniques and the make and model of equipment used;

(c) A site map that accurately depicts the locations of current and historical underground storage tank system(s), property boundaries, street locations, above ground structures, underground utilities, on-site potable well(s) and soil.

(d) Drilling logs and well construction diagrams that include:

(i) Type of sampler used (e.g., Shelby tube, California sampler, split-spoon);

(ii) The presence of organic vapors as determined by field screening techniques;

(iii) A description of the presence of free product;

(iv) The location in decimal degrees accurate to within five feet of the actual location and reported to five decimal places;

(v)Depth at which saturated conditions were first encountered during drilling and the depth of the static water level;

(vi)A complete description of the soil sample for each sampling interval including;

(A) The color and moisture content;

(B) The USCS classification;

(C) The gradation consistency;

(D) A description of horizontal and/or vertical fracturing of bedrock encountered while drilling;

(E) The type and a description of bedrock with differentiation between weathered and competent bedrock;

(F) A description of any voids or significant pressure changes observed in bedrock drilling;

(G) A graphic illustration of each sample interval;

(H) A description of which soil sample interval(s) were sent to the laboratory for analysis; and

(I) The sample recovery for each interval in units of feet.

(e) Monitoring well sampling and development logs, documenting the number and quantity of well purging volumes, date, time and duration of collection and development.

(f) Depth-to-fluid, depth-to-water, free product thickness measurements, and top-of-casing and ground water elevations in tabular form for each well. When available, include historical data in the table and reference the source(s) of all information presented.

(g) A ground water elevation contour map using all relevant monitoring wells to establish ground water contour and flow direction and clearly indicating the dates that ground water measurements were collected. Justification for the exclusion of specific monitoring wells in the determination of flow direction, if applicable, shall be provided.

(h) The calculation of the hydraulic gradient;

(i) Analytical laboratory results including:

(i) Laboratory analyses in tabular form, by environmental medium, including applicable action levels. Present current results along with historical results, when available. Indicate sample collection date(s) and reference source(s) of all information presented. All tables shall include the corresponding method detection limit for each analysis that was below detection limits; and

(ii) All analytical results, QA/QC procedures and data quality objectives including, without limitation, all laboratory certificates of analysis (data sheets), completed chain-of-custody forms indicating soil boring and/or monitoring well numbers and laboratory sample numbers.

(j) Chemical(s) of concern concentration maps for soil in units of milligrams per kilogram (mg/kg) and ground water in units of milligrams per liter (mg/l). Maps shall include the location of sampling points, the depth of each soil sample interval , and the location of each source area(s). Maps shall include historical soil and ground water results for the release being investigated. Maps that include ground water data may be limited to the most recent four sampling events unless directed by the state fire marshal.

(k) Documentation regarding off-site access pursuant to paragraph (L)(1)(d) of this rule, as appropriate.

(iii) Land use determination documentation including:

(a) A map depicting the land use of the UST site and all surrounding properties within three hundred feet of the UST site; and

(b) Supporting documentation and a summary of the land use determination conducted pursuant to paragraph (L)(2) of this rule.

(iv) Land and ground water use restrictions including:

(a) A discussion of land and ground water use restrictions documenting the source(s) of all information that details the restriction(s); and

(b) Provide a copy of all ordinances, recorded land and ground water use restriction documents and recorded environmental covenants.

(v) Site conceptual exposure model documentation.

Provide a summary of the pathway evaluation as developed in paragraph (L)(4)

(a) and the point(s) of exposure in paragraph (L)(4)(b) of this rule. All sources of information in the report shall be documented.

(vi) Documentation of site-specific target level development.

Provide a summary of the activities conducted, the results of the Tier 2 Evaluation and a description of models or other methods used to determine site-specific target levels. The summary shall include the following:

(a) A description of any models used to evaluate data pursuant to paragraphs (L)(5)(a) and (L)(5)(b) of this rule that provides all assumptions, input parameters and output values;

(b) Present maximum concentration of chemical(s) of concern, action levels and site-specific target levels in tabular form by environmental media and exposure pathway;

(c) Present results of geotechnical testing for soil properties in tabular form referencing the ASTM method used to perform each test. At a minimum, the following information shall be included:

(i) Drilling logs;

(ii) Equipment and standard procedures used;

(iii) Analytical results, QA/QC procedures and data quality objectives including, without limitation, all laboratory certificates of analysis (data sheets), completed chain-of-custody form(s) indicating soil boring/monitoring well numbers and laboratory sample numbers; and

(iv) A site map showing the location(s) of geotechnical soil borings.

(d) A summary and documentation of any field investigations conducted to collect site-specific data.

(vii) A summary of the Interim Response Actions conducted pursuant to paragraph (K) of this rule, including the volume of soil removed and/or ground water treated.

(viii) A summary of future actions and alternatives, including:

(a) A discussion of remedial actions, if appropriate;

(b) A discussion of further tier analysis, if appropriate;

(c) A summary of monitoring events, as appropriate; and

(d) A discussion of interim response actions including the volume of soil removed and/or ground water treated.

(M) Tier 3 evaluation.

(1) Tier 3 evaluation plan.

(a) If site-specific target levels are to be developed under a tier 3 evaluation, then a tier 3 evaluation plan shall be prepared and submitted to the state fire marshal within ninety days of approval of the "Tier 2 Evaluation" pursuant to paragraph (L)(7)(a) of this rule. Unless otherwise provided in this rule, this plan shall include all the following:

(i) A description of the objective of the Tier 3 Evaluation and the activities to be conducted;

(ii) A discussion of the effectiveness, cost and the rationale for selecting the Tier 3 Evaluation compared to other remedial action alternatives; and

(iii) An implementation schedule and the projected completion date of the proposed Tier 3 Evaluation.

(b) Upon approval of the Tier 3 Evaluation plan by the state fire marshal, owners and operators shall conduct the activities in accordance with the approved Tier 3 Evaluation plan.

(2) Public participation.

(a) For each confirmed release for which a Tier 3 Evaluation plan is submitted to the state fire marshal, the owners and operators shall provide notice to the public in a format approved by the state fire marshal by means designed to reach those members of the public directly affected by the release and the planned Tier 3 Evaluation. This notice may include, but is not limited to, public notice in local newspapers, block advertisements, public service announcements, publication in a state register, letters to individual households, or personal contacts by field staff.

(b) The state fire marshal shall ensure that the UST site release information and decisions concerning the Tier 3 Evaluation plan are made available to the public for inspection upon request.

(c) Before approving a Tier 3 Evaluation plan, the state fire marshal may hold a public meeting to consider comments on the proposed Tier 3 Evaluation plan if there is sufficient public interest, or for any other reason.

(3) Tier 3 decisions.

(a) If the concentration of a particular chemical(s) of concern is at or below the Tier 3 site-specific target levels, then no further action is necessary for that chemical of concern and for the corresponding complete exposure pathway. If required by paragraph (O) of this rule, a monitoring plan shall be developed for ground water and submitted with the Tier 3 Evaluation report prepared in accordance with paragraph (M)(4) of this rule to demonstrate that concentrations of chemical(s) of concern will remain at or below Tier 3 site-specific target levels.

(b) If the concentrations of chemical(s) of concern are above the Tier 3 site-specific target levels, then the owners and operators shall conduct one or a combination of the following:

(i) An Interim Response Action may be implemented, in accordance with paragraph (K) of this rule, to eliminate a complete exposure pathway or to reduce concentrations of chemical(s) of concern at the source area(s) to at or below the site-specific target levels; or

(ii) The Tier 3 site-specific target level values may be used as target levels for remedial action and a Remedial Action Plan developed pursuant to paragraph (N) of this rule.

(4) Tier 3 Evaluation report.

Within ninety days from the projected completion date stated in the approved Tier 3 Evaluation plan a report summarizing the activities conducted in accordance with the Tier 3 Evaluation plan developed in paragraph (M)(1) of this rule and the results of the Tier 3 decisions described in paragraph (M)(3) of this rule shall be submitted to the state fire marshal for approval.

(N) Remedial Action.

(1) Remedial Action Plan

A Remedial Action Plan shall be prepared and submitted to the state fire marshal within ninety days of approval of the Tier 1 Investigation report pursuant to paragraph (I)(4) of this rule, approval of the Tier 2 Evaluation pursuant to paragraph (L)(7)(a) of this rule or approval of the Tier 3 Evaluation report pursuant to paragraph (M)(4) of this rule. The Remedial Action Plan shall include, at a minimum, all of the following information:

(a) A description of the remedial action program to be implemented;

(b) Proposed targets levels, identified by chemical(s) of concern and environmental media;

(c) A conceptual design of the remedial action system, detailed engineering drawings are not necessary;

(d) A brief description of remedial action alternatives considered, including a discussion of the reliability, effectiveness, cost, and time needed for completion, and the rationale for the selected program;

(e) A Monitoring Plan, prepared in accordance with paragraph (O) of this rule, describing monitoring to be used to determine whether site-specific target levels are being achieved and to demonstrate that concentrations of chemical(s) of concern will remain at or below site-specific target levels, including locations of any monitoring wells designated for sampling;

(f) A description of reporting frequency and proposed content of reports;

(g) A description of all permits or other governmental approvals required for implementation of the plan;

(h) A description of activities and studies, if any, required to be performed prior to implementation of the proposed remedial action; and

(i) An implementation schedule, projected completion date and the submittal date for the completion report of the proposed remedial action.

(2) Public participation.

(a) For each release for which a Remedial Action Plan is submitted to the state fire marshal, the owners and operators shall provide notice to the public in a format approved by the state fire marshal by means designed to reach those members of the public directly affected by the release and the planned remedial action. This notice may include, but is not limited to, public notice in local newspapers, block advertisements, public service announcements, publication in a state register, letters to individual households, or personal contacts by field staff.

(b) The state fire marshal shall ensure that the UST site release information and decisions concerning the Remedial Action Plans are made available to the public for inspection upon request.

(c) Before approving a Remedial Action Plan, the state fire marshal may hold a public meeting to consider comments on the proposed Remedial Action Plan if there is sufficient public interest or for any other reason.

(d) The owners and operators shall give public notice that complies with paragraph (N)(2)(a) of this rule if implementation of an approved Remedial Action Plan does not achieve the established cleanup levels in the plan and termination of that plan is under consideration by the state fire marshal.

(3) Implementation of Remedial Action Plans.

(a) Upon approval of the Remedial Action Plan, owners and operators shall implement the plan. Owners and operators shall monitor, evaluate, and report to the state fire marshal the results of implementation efforts.

(b) If the treatment technology approved by the state fire marshal in the plan has been installed and operated for the time frame specified in the approved Remedial Action Plan and the technology is unable to reduce the concentration of chemical(s) of concern to a level at or below action or site-specific target levels, then the owners and operators shall:

(i) Re-evaluate the remedial action alternatives and submit a revised Remedial Action Plan;

(ii) Re-evaluate the assumptions and parameters used to develop the target levels, as appropriate.

(4) Completion report.

Following completion of remedial action in accordance with this rule, owners and operators shall prepare and submit a completion report no later than the submittal date provided in the approved plan. The completion report must demonstrate the remedial action objectives have been met. The report shall contain documentation supporting termination of the remedial action program. Upon approval of the report, the state fire marshal shall issue to the owners and operators written notice that no further action is required .

(O) Monitoring Plan.

(1) Purpose.

(a) A monitoring plan shall be developed as appropriate to:

(i) Demonstrate that no further action is appropriate in accordance with paragraphs (L)(6) and (M)(3) of this rule;

(ii) Demonstrate that a remedial action completed in accordance with paragraph (N) of this rule has achieved target levels; and

(iii) Verify fate and transport model assumptions and predictions related to the development of site-specific target levels pursuant to paragraph (L)(5) of this rule. Historical data may be used to verify model assumptions and predictions or to reduce the time period of the monitoring plan.

(b) The monitoring plan shall include, at a minimum, all of the following information:

(i) A description of the purpose and objective of the monitoring activity;

(ii) A description of monitoring activities to be conducted, including those conducted to implement engineering controls;

(iii) The location of the point(s) of demonstration and point(s) of exposure;

(iv) A summary of sampling procedures;

(v) A description of the anticipated length and frequency of the monitoring activity;

(vi) An identification and description of the criteria to be used for termination of the Remedial Action Plan or monitoring activity, as appropriate; and

(vii) Criteria to be used for verifying ground water fate and transport model assumptions and predictions. The model assumptions shall be validated with empirical data collected from point(s) of demonstration.

(c) If the objectives of the monitoring plan have been met, then owners and operators shall submit a completion report within ninety days after receiving analytical results of the last monitoring plan sampling event and in accordance with paragraph (O)(3) of this rule. If the objectives of the monitoring plan have not been met, then the owners and operators shall conduct one or more of the following within ninety days after receiving analytical results of the last monitoring plan sampling event:

(i) Continue monitoring activities with state fire marshal approval;

(ii) Conduct an Interim Response Action in accordance with paragraph (K) of this rule;

(iii) Develop a Remedial Action Plan in accordance with paragraph (N) of this rule; or

(iv) Re-evaluate the assumptions and parameters used to develop site-specific target levels.

(2) Point(s) of demonstration.

The monitoring plan shall include a point(s) of demonstration between the source area and the point of exposure and be submitted with the Tier 2 Evaluation report, Remedial Action Plan or Tier 3 Evaluation report.

The process for the selection of the point(s) of demonstration shall consider the location of the point(s) of exposure including the receptor and exposure route, the transport mechanism (e.g., ground water migration, vapor migration) and the estimated travel time from the source to the point(s) of exposure. The point(s) of demonstration shall be located to monitor the progress of the remedial action (including natural attenuation) and to verify the predictions related to the potential fate and transport of the chemical(s) of concern. The point(s) of demonstration shall be located sufficiently upgradient of the point(s) of exposure to indicate whether continued migration of the chemical(s) of concern may impact the point(s) of exposure above the applicable action levels.

(3) Completion report.

Following completion of monitoring in accordance with paragraphs (O)(1) and (O)(2) of this rule, owners and operators shall prepare a completion report that demonstrates the monitoring objectives have been met. The report shall contain documentation supporting termination of the monitoring plan. Upon approval of the report, the state fire marshal shall issue to the owners and operators written notice that no further action is required .

(P) Petroleum contaminated soil.

The storage, treatment and disposal of petroleum contaminated soil generated from corrective actions undertaken pursuant to this rule shall be in accordance with rule 1301:7-9-16 of the Administrative Code.

(Q) Requests for extensions.

If owners and operators desire an extension of time in which to comply with any portion 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 that the extension is requested for;

(d) The name and complete address of the UST site that is the subject of the extension request;

(e) The name of the state fire marshal employee that is assigned to monitor the corrective actions activities at the UST site; and

(f) 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 (Q)(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 (Q)(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.

(R) Alternative methodologies and technologies.

(1) Methodologies and technologies other than those specified in this rule may be used if the owner and operator:

(a) Demonstrates to the state fire marshal that the alternative methodology or technology is at least as effective as those required by this rule; and

(b) Obtains written approval from the state fire marshal to use the alternative methodology or technology before the actual implementation of such methodology or technology. If the alternative methodology or technology is approved by the state fire marshal, the owner and operator using such an alternative methodology or technology shall comply with any conditions imposed by the state fire marshal on its use.

(2) The state fire marshal may approve the alternative methodology or technology for use at a specific UST site or for use at all UST sites. If the state fire marshal approves an alternative methodology or technology for use at all UST sites, the owners and operators must comply with any conditions imposed by the state fire marshal on the use of the alternative methodology or technology.

(3) Notwithstanding paragraphs (R)(1) and (R)(2) of this rule, if a covenant not to sue is issued by the director of the environmental protection agency in accordance with division (A)(3) of section 3737.88(A)(3) and section 3746.12 of the Revised Code, no further action is required.

Effective: 07/01/2012
R.C. 119.032 review dates: 12/23/2011 and 03/15/2017
Promulgated Under: 119.03
Statutory Authority: 3737.88 , 3737.882
Rule Amplifies: 3737.88 , 3737.882
Prior Effective Dates: 5/9/88; 9/1/92; 3/31/99, 3/1/05

1301:7-9-14 Voluntary corrective action.

(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 standards for voluntary corrective action . 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) "Voluntary corrective action" means any and all corrective action undertaken by a person who is not an owner or operator, as those terms are defined in section 3737.87 of the Revised Code, or otherwise potentially liable for the costs of corrective action pursuant to section 3737.89 of the Revised Code in response to a release or suspected release from a petroleum UST system for the purpose of meeting applicable standards established by rules adopted pursuant to division (B) of section 3737.882 of the Revised Code.

(C) Voluntary corrective action.

(1) Any person having a legal, equitable or possessory interest in a parcel of property may undertake voluntary corrective action in response to a release or suspected release from a UST system containing petroleum.

(2) Upon demonstration that the applicable standards established by rules adopted pursuant to division (B) of section 3737.882 of the Revised Code have been met, the state fire marshal shall issue the person that undertook voluntary corrective action written notice that no further corrective action is required.

(3) Written notice issued pursuant to paragraph (C)(2) of this rule that no further corrective action is required shall not be construed in any manner to suggest that the person completing voluntary corrective action has thereby assumed any liability or responsibility for the release or suspected release of petroleum, or for any residual contamination that may remain at the property.

(D) Effect on other laws.

(1) Nothing in this rule affects any liability or response authority under any federal or state law, including, but not limited to:

(a) The Comprehensive Environmental Response Compensation, and Liability Act ( 42 U.S.C. 9601 et seq.);

(b) The Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq.);

(c) The Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq.);

(d) The Toxic Substances Control Act ( 15 U.S.C. 2601 et seq.); and

(e) The Safe Drinking Water Act ( 42 U.S.C. 300f et seq.).

The federal laws listed in this paragraph are those versions of the laws amended through January 7, 2011.

(2) Any determination by the state fire marshal for the purpose of assisting voluntary corrective action at a petroleum brownfields site does not release any responsible person from any obligations under sections 3737.87 to 3737.89 of the Revised Code and the regulations adopted thereunder, or effect any other rights under the citizen suits provision of the Resource Conservation and Recovery Act of 1976, 90 Stat. 2795, 42 U.S.C. 6901 , as amended. The state fire marshal reserves all enforcement and remedy rights available under the law.

Effective: 07/01/2012
R.C. 119.032 review dates: 12/23/2011 and 03/15/2017
Promulgated Under: 119.03
Statutory Authority: 3737.882
Rule Amplifies: 3737.882
Prior Effective Dates: 9/1/92; 1/1/94; 3/31/99, 3/1/05

1301:7-9-15 Delegation of authority to inspect UST systems.

(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 procedures for delegating to certified fire safety inspectors, as defined in division (D) of section 3737.01 of the Revised Code, the authority to issue delegated UST permits and inspect UST systems for compliance with Chapter 1301:7-9 of the Administrative Code. 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."

(1) Any individual who has been delegated by the state fire marshal to conduct UST inspections for compliance with Chapter 1301:7-9 of the Administrative Code in accordance with paragraph (F) of this rule are restricted to inspect those activities requiring a permit as listed in paragraph (C) of rule 1301:7-9-10 of the Administrative Code.

(B) Delegation of authority to local fire agencies to issue permits and perform UST inspections

(1) Any local fire agency wishing to have the state fire marshal delegate to its certified fire safety inspectors the authority to conduct inspections and issue permits for underground storage tank systems shall submit a written application to the state fire marshal. All applications shall be on a form prescribed and furnished by the state fire marshal and shall include, without limitation, all of the following:

(a) A list of certified fire safety inspectors within the agency who have been issued a certificate to inspect UST systems under paragraph (F) of this rule that will be assigned to conduct UST system inspections;

(b) A copy of the local ordinance or resolution which authorizes the agency to perform inspections and issue written permits for those situations identified in paragraph (C)(3) of this rule within the agency's jurisdictional area;

(c) A map or description of all political subdivisions depicting the agency's jurisdictional area; and

(d) The name, address, and telephone number of the agency's UST inspection coordinator as designated by the chief of the agency.

(2) The fire marshal shall review all applications. If the state fire marshal determines that the local fire agency has the necessary authority, the state fire marshal may delegate to the agency's certified fire safety inspectors the authority to inspect and issue UST permits for UST systems as limited by this rule.

(a) Local fire agencies which have been delegated authority pursuant to this rule shall retain copies of all permits issued pursuant to paragraph (B)(4) of this rule and all inspection reports prepared within its jurisdictional area pursuant to paragraph (I) of this rule. The local fire agency shall deliver a copy of all UST permits and all inspection reports to the fire marshal within thirty days of the final inspection.

(b) If a local fire agency which has been delegated authority pursuant to this rule determines that any violation of this chapter exists, that a condition of a UST permit has been violated, or that there has been any false statement or misrepresentation of a material fact on the UST permit application or supporting documentation, the local fire agency shall initiate UST permit revocation proceedings. To initiate revocation proceedings, the local fire agency shall inform the state fire marshal in writing of the proposed UST permit revocation and the reason for the proposed revocation. Upon such notification, the state fire marshal may revoke the UST permit in compliance with Chapter 119 of the Revised Code.

(c) The state fire marshal shall retain any and all authority to bring an action against the responsible person for any violation of this chapter or section 3737.882 of the Revised Code.

(d) The state fire marshal shall retain the authority to revoke any authority delegated pursuant to this rule upon a determination by the state fire marshal that a local fire agency's certified fire safety inspector authorized to perform UST inspections pursuant to paragraph (F) of this rule failed to adequately inspect UST systems within the local fire agency's jurisdiction, failed to keep adequate records, failed to properly apply this chapter, or failed to comply with any requirements of this rule.

(3) Local fire agencies which have been delegated authority pursuant to this rule to conduct UST inspections for compliance with Chapter 1301:7-9 of the Administrative Code are subject to all of the following:

(a) The authority of a certified fire safety inspector authorized to perform UST inspections pursuant to paragraph (F) of this rule shall be limited to the duties identified in paragraph (C) of this rule and to the following:

(i) Such inspectors may approve or deny an extension of the twelve month out of service period within their jurisdictional area in accordance with paragraphs (E)(4) and (E)(6) of rule 1301:7-9-12 of the Administrative Code. All approvals and denials shall be in writing and a copy shall be delivered to the state fire marshal within thirty days of issuance.

(ii) Such inspectors may approve or deny the closure-in-place of an UST system within their jurisdictional area in accordance with paragraph (F) of rule 1301:7-9-12 of the Administrative Code. All approvals and denials shall be in writing and a copy shall be delivered to the state fire marshal within thirty days of issuance.

(b) Certified fire safety inspectors authorized to conduct UST system inspections pursuant to paragraph (F) this rule shall comply with the operational and reporting requirements set forth in paragraph (I) of this rule.

(c) UST inspections shall be performed by certified fire safety inspectors within the agency as listed in paragraph (B)(1)(a) of this rule. The local fire agency may allow other UST inspectors certified pursuant to paragraph (F) of this rule to conduct inspections within its jurisdictional area at its discretion and if not prohibited by local ordinance.

(d) The state fire marshal retains the authority to conduct inspections within the jurisdiction of any local fire agency that has been delegated the authority to conduct inspections under this rule.

(e) Certified fire safety inspectors conducting UST system inspections pursuant to paragraph (F) of this rule shall be limited in the inspections they are allowed to conduct as set forth in paragraph (H) of this rule, except that certified fire safety inspectors assigned to conduct UST inspections within the jurisdictional area of the local fire agency may also conduct UST system inspections of USTs owned by the political subdivision where the local fire agency has jurisdiction.

(4) Local fire agencies which have been delegated authority pursuant to this rule shall issue a UST permit in a form prescribed and provided by the state fire marshal to those responsible persons who have submitted a completed UST permit application. UST permits shall be issued in accordance with paragraph (C) of rule 1301:7-9-10 of the Administrative Code.

(a) No local fire agency shall issue any UST permit pursuant to this rule unless it has been delegated the authority to do so in writing by the state fire marshal.

(b) A local fire agency which has been delegated authority pursuant to this rule shall issue permits for UST systems only within its jurisdictional area.

(c) A local fire agency may determine a reasonable fee for all UST permits and permit related inspections, if any, within its jurisdiction.

(d) Any permit issued by a local fire agency shall not be construed as authority to violate any provision of this chapter.

(e) If a local fire agency which has been delegated authority pursuant to this rule determines that a UST permit application is incomplete, that there has been a false statement or misrepresentation of a material fact on the UST permit application or supporting documentation, or that the proposed activity is in violation of this chapter, the local fire agency shall initiate permit application denial proceedings. To initiate denial proceedings, the local fire agency shall inform the state fire marshal in writing of the proposed denial and the reason for the proposed denial. Upon such notification, the state fire marshal may deny the UST permit application in compliance with Chapter 119. of the Revised Code.

(C) Duties of certified UST inspectors conducting permit inspections

(1) Any individual who has been certified by the state fire marshal to conduct UST inspections in accordance with paragraph (F) of this rule may inspect the activity for which a UST permit has been issued.

(2) As part of an UST permit inspection, under no circumstances shall a certified UST inspector enter a confined space as defined in 29 CFR 1910.146, as published in the July 1, 2011, Code of Federal Regulations.

(3) A certified UST inspector shall be physically on site for all of the following activities:

(a) In the case of an UST installation or replacement, the pre-installation pressure test of the UST, the examination of the excavation prior to the physical placing of the UST into the ground, the backfilling of the UST, the in ground test of the piping and ancillary equipment prior to backfilling, the final tightness test of the UST system and the test of the release detection system prior to placing the UST system into service;

(b) In the case of an UST modification, immediately before purging operations begin, immediately before the UST is cut open for entry, the final tightness test of the UST and the final test of the UST leak detection system prior to placing the UST system back into service;

(c) In the case of a modification for piping, the in-ground test of the piping prior to backfilling the piping, the final tightness test of the modified portion of the piping and the final test of the piping leak detection system, if applicable, prior to placing the UST system back into service;

(d) In the case of a modification of other UST components, the in-ground test of the component prior to backfilling the component, the final tightness test of the UST system and the final test of any leak detection systems, if applicable, prior to placing the UST system back into service;

(e) In the case of a major repair of an UST, immediately before purging operations begin, immediately before the tank is cut open for entry, the final tightness test of the UST and the final test of the UST leak detection system prior to placing the UST system back into service;

(f) In the case of a major repair of piping, the in-ground test of the piping prior to backfilling the piping, the final tightness test of the piping and the final test of the piping leak detection system, if applicable, prior to placing the UST system back into service;

(g) In the case of a major repair of other UST components, the in-ground test of the component prior to backfilling the component, the final tightness test of the component and the final test of any leak detection systems, if applicable, prior to placing the UST system back into service;

(h) In the case of an UST removal, immediately before purging operations begin, immediately before the tank is cut open for any purpose, the actual removal of the UST system from the ground and the final disposition of the UST before the UST leaves the site;

(i) In the case of closure-in-place of an UST system, immediately before purging operations begin, immediately before the opening of the tank top, and at the completion of the actual filling of the tank with inert solid material before covering the UST;

(j) In the case of the placing of an UST system out of service for more than ninety days, immediately before the UST, piping and ancillary equipment are secured; and

(k) In the case of the performance of a change in service of an UST system, immediately before purging operations begin and during any removal or closure-in-place of piping and ancillary equipment.

(4) Any inspector certified to inspect UST systems under paragraph (F) of this rule who observes activity that is in conflict with normal work or safety requirements referenced by this chapter shall immediately notify the certified UST installer of the activity. If the certified UST installer fails to correct the activity in a timely manner, the certified UST inspector shall instruct the certified UST installer to secure the UST system in a safe manner and to cease all UST related work. The certified UST inspector shall immediately notify the state fire marshal, and work shall not resume until approval is given by the state fire marshal.

(D) Application and examination requirements for an UST inspector

Any individual who wishes to apply to become certified as an UST inspector shall meet all of the following application requirements:

(1) The applicant shall submit a complete application to the state fire marshal, on a form prescribed and furnished by the state fire marshal, accompanied by a non-refundable examination fee of twenty-five dollars. The state fire marshal shall also assess the applicant any fee charged by the superintendent of the bureau of criminal identification and investigation for the results of a background check to the applicant;

(2) The applicant shall be an individual and shall be at least eighteen years of age;

(3) If the applicant is not a resident of Ohio, the applicant shall provide an irrevocable consent to legal service from Ohio on a form prescribed and furnished by the fire marshal;

(4) The applicant shall demonstrate compliance with one of the following:

(a) Has obtained a certificate of completion from an UST installer training program pursuant to paragraph (M)(3) or (M)(9) of rule 1301:7-9-11 of the Administrative Code; or

(b) Is a certified UST installer;

(5) The applicant shall be a certified fire safety inspector as that term is defined in division (D) of section 3737.01 of the Revised Code.

(6) The applicant has not been convicted of a felony;

(7) The applicant shall not have had any authorization to act as a certified UST inspector pursuant to this rule previously revoked by the state fire marshal;

(8) The applicant shall complete an UST inspector training program in accordance with paragraph (E) of this rule and submit an application to become a certified UST inspector under paragraph (D)(1) of this rule within one year of completing the UST inspector training program; and

(9) The applicant shall satisfactorily pass the UST inspector examination.

(a) The examination shall be a written multiple-choice examination covering all aspects of the inspection of the installation, replacement, repair, closure-in-place, removal, modification, placing out of service, and performing a change in service of underground storage tank systems. The exam shall also cover knowledge of sections 3737.88 to 3737.882 of the Revised Code, this chapter of the Administrative Code, current technological and industry recommended practices with respect to the proper installation, replacement, repair, closure-in-place, removal, modification, placing out of service, and performing a change in service of UST systems. An applicant may request permission to take the examination in oral form for good cause shown, as determined by the state fire marshal.

(b) To satisfactorily pass the examination, the applicant shall obtain a minimum score of seventy-five per cent on the exam. Any applicant who fails an examination may request re-examination upon payment of a non-refundable twenty-five dollar fee. An application for re-examination will remain pending for that purpose for a period of one year after the date the application was submitted. If the applicant has not requested re-examination within the one year period, the applicant must file a new application for certification with the state fire marshal.

(c) The examination shall be offered by and at the discretion of the state fire marshal at such places as the state fire marshal determines. The state fire marshal shall announce the time and location of an examination at least twenty days in advance of the exam and shall, at least seven days in advance of the exam, provide notice of the exam to all persons who have completed applications for certification since the date of the previous examination.

(d) Only persons who have filed applications and submitted fees in accordance with paragraph (D)(1) or (G)(1)(a) of this rule are eligible to take the examination.

(e) All examinations will be graded and the applicants notified of the results within twenty days of the date of the examination. Examinations will not be returned to the applicant, but may be reviewed by the applicant at the office of the state fire marshal or alternate locations as approved by the state fire marshal.

(E) UST inspector training and continuing education programs

(1) The state fire marshal may conduct certified UST inspector training and continuing education programs. Any such program shall include appropriate instructional methods and written pre-test and post-test examinations, as determined by the state fire marshal.

(2) Any individual who wishes to attend a certified UST inspector training or continuing education program shall submit a complete application to the state fire marshal, on a form prescribed by the state fire marshal, accompanied by a non-refundable fee established by the state fire marshal, prior to the first scheduled day of the training program.

(3) Attendance shall be required at all classroom sessions except for valid reasons. The faculty is authorized to determine the validity of absences. Any absentee from any scheduled classroom session shall make up such attendance as required by the faculty.

(4) Upon conclusion of any certified UST inspector training or continuing education program, the state fire marshal shall issue a certificate of completion to all persons who complied with all of the following requirements:

(a) Attended all of the program's sessions or complied with paragraph (E)(3) of this rule;

(b) Submitted an application and fee to the state fire marshal pursuant to paragraph (E)(2) of this rule; and

(c) Successfully completed the program's pre-test and post-test examinations.

(F) Certification to inspect UST systems

(1) The state fire marshal shall issue a certification to inspect UST systems to each applicant who meets the requirements of paragraph (D) of this rule. The certification to inspect shall be valid for two years following the date of issuance by the state fire marshal.

(2) Individuals possessing valid certifications to inspect UST systems prior to March 1, 2005, may continue to perform UST inspections in accordance with this rule provided that the individual renews the certification to inspect in accordance with paragraph (G) of this rule.

(3) Any certified fire safety inspector that has been assigned on or before December 31, 1996, to conduct UST system inspections by a local fire agency that has been delegated authority pursuant to this rule and is on the list submitted to state fire marshal pursuant to paragraph (B)(1)(a) of this rule may continue to conduct UST system inspections within the jurisdictional area of the local fire agency.

(a) The state fire marshal shall issue a certification to inspect UST systems to each fire safety inspector who meets the requirements of paragraph (F)(3) of this rule. The certifications to inspect shall be valid for two years following the effective date of this rule and shall limit the fire safety inspector to the jurisdictional area of the local fire agency where assigned.

(b) Each fire safety inspector who meets the requirements of paragraph (F)(3) of this rule shall comply with paragraph (G) of this rule for renewal of certification to inspect UST systems.

(c) The authority of a certified fire safety inspector to inspect UST systems in accordance with paragraph (F)(3) of this rule shall end upon separation of the inspector from the local fire agency.

(G) Renewal of certification to inspect UST systems

(1) Certifications to inspect UST systems shall be renewed every two years following the date of issuance by the state fire marshal. Any individual certified to inspect UST systems pursuant to this rule who wishes to apply for renewal of a certification to inspect shall meet all of the following renewal requirements:

(a) Within thirty days prior to the expiration date of the certification to inspect, submit a certification to inspect renewal form to the state fire marshal on a form prescribed by and available from the state fire marshal accompanied by a non-refundable fee of twenty-five dollars;

(b) Demonstrate in a manner prescribed by the state fire marshal attendance at all courses required under paragraph (G)(3) of this rule; and

(c) Demonstrate one of the following:

(i) The certified UST inspector conducted a minimum of six UST inspections on separate permits pursuant to the certification to inspect that is sought to be renewed; or

(ii) The certified UST inspector is listed in accordance with paragraph (B)(1)(a) of this rule as a certified fire safety inspector assigned to conduct UST system inspections by a local fire agency that has been delegated authority pursuant to this rule.

(2) Any certified fire safety inspector who previously failed to meet the renewal requirements for certification to inspect UST systems may seek renewal of certification to inspect from the fire marshal provided that the following conditions are met:

(a) The applicant submits a certification to inspect renewal form to the state fire marshal in accordance with paragraph (G)(1)(a) of this rule on or before December 31, 2005;

(b) The applicant demonstrates compliance with the requirements of paragraph (G)(1)(b) and (G)(1)(c)(ii) of this rule; and

(c) The applicant satisfactorily passes the UST inspector exam described in paragraph (D)(9) of this rule.

(3) Upon a determination by the state fire marshal that substantial changes have been made to sections 3737.87 to 3737.882 of the Revised Code, this chapter of the Administrative Code, or UST technology, the state fire marshal may require applicants for renewal of certifications to inspect UST systems to complete a continuing education course as specified by the state fire marshal as a condition of renewal of certification. The state fire marshal shall develop the continuing education course pursuant to paragraph (E) of this rule and shall notify all certified UST inspectors, in a timely fashion, of the continuing education requirement, the location, dates and times when the course will be offered.

(4) The state fire marshal shall renew a certification to inspect UST systems for each applicant who meets the applicable requirements of paragraphs (G)(1) and (G)(2) of this rule. The renewal of a certification to inspect shall be valid for two years following issuance by the state fire marshal.

(5) The state fire marshal may grant a variance from the timely submittal of renewal applications if the applicant demonstrates good cause as determined by the state fire marshal.

(H) Limitations on authority to inspect

(1) Any individual certified to inspect UST systems pursuant to this rule shall not inspect the installation or replacement of, making major repairs on site to, closure-in-place of, removal of, modification of, change in service of or placing out of service more than ninety days of UST systems where that certified inspector performed work on the UST system being inspected, supervised the work on the UST system being inspected, or is employed by or associated with the certified installer whose work is being inspected.

(2) Any individual certified to inspect UST systems pursuant to this rule shall not inspect the installation or replacement of, making major repairs on site to, closure-in-place of, removal of, modification of, change in service of or placing out of service more than ninety days of UST systems for any owner or operator where that certified inspector is employed by the owner or operator or any of the owner's or operator's companies, partnerships, subsidiaries, related companies, or the like. This prohibition does not prevent a certified inspector from conducting the necessary inspection when the only relationship between the certified inspector and the owner or operator is that associated with the inspection itself.

(3) Any individual certified to inspect UST systems pursuant to this rule shall not inspect the installation or replacement of, making major repairs on site to, closure-in-place of, removal of, modification of, change in service of or placing out of service more than ninety days of UST systems for any owner or operator where the certified inspector is employed by the certified UST installer being inspected or any of the certified UST installer's companies, partnerships, subsidiaries, related companies, or the like.

(4) Any individual certified to inspect UST systems pursuant to this rule shall not inspect the installation or replacement of, making major repairs on site to, closure-in-place of, removal of, modification of, change in service of or placing out of service more than ninety days of UST systems where the certified inspector is the owner or operator of the UST systems being inspected, is a partner in the partnership that is the owner or operator of the UST systems being inspected, or owns a substantial interest in any subsidiary of, related company to, or corporation that is the owner or operator of the UST systems being inspected. For purposes of this rule, "substantial interest" means the ability to directly influence the day-to-day operations of the subsidiary, related company, or corporation, including but not limited to the ability to hire, evaluate and dismiss employees.

(5) Any individual certified to inspect UST systems pursuant to this rule shall not inspect the installation or replacement of, making major repairs on site to, closure-in-place of, removal of, modification of, change in service of or placing out of service more than ninety days of UST systems where the certified inspector is the certified UST installer being inspected, is a partner in the partnership that is the certified UST installer being inspected, or owns a substantial interest in a subsidiary of, related company to, or corporation that is the certified UST installer being inspected. For purposes of this rule, "substantial interest" means the ability to directly influence the day-to-day operations of the subsidiary, related company, or corporation, including but not limited to the ability to hire, evaluate and dismiss employees.

(6) Any individual certified to inspect UST systems pursuant to this rule shall not inspect the installation or replacement of, making major repairs on site to, closure-in-place of, removal of, modification of, change in service of or placing out of service more than ninety days of UST systems where the certified inspector is employed by or associated with a corporation, association, partnership, individual or any other group or person providing any service related to the environmental assessment or testing for the installation of, making major repairs on site to, closure-in-place of, removal of, modification of, change in service of or placing out of service more than ninety days of UST systems, including, without limitation, the collection of any sample or preparation of any reports or other documents required pursuant to rule 1301:7-9-12 of the Administrative Code.

(I) Operational and reporting requirements for certified UST inspectors

(1) For each visit to a location to conduct a permit inspection, the certified UST inspector shall entirely and accurately complete an inspection report on a form prescribed and provided by the state fire marshal, obtain the signature of the certified installer engaged in the activity inspected, and sign the inspection report prior to leaving the location.

(2) Within thirty days of an inspection, the certified UST inspector shall cause the original of the completed inspection report form required by paragraph (I)(1) of this rule to be delivered to the state fire marshal. Those inspection report forms originating in areas where authority has been delegated to the certified fire safety inspectors of the local fire agency in accordance with paragraph (B)(2) of this rule shall be submitted to the state fire marshal in accordance with paragraph (B)(2)(a) of this rule.

(3) Prior to leaving the permit inspection location, the certified UST inspector shall cause a copy of the completed inspection report form required by paragraph (I)(1) of this rule to be delivered to the owner or the owners' representative of the UST system upon which the inspection was performed.

(4) A certified UST inspector shall inform the state fire marshal of any change in the certified inspector's mailing address within thirty days of the change of address becoming effective. Notice of any change in a mailing address shall be in writing and directed to the state fire marshal.

(5) A certified UST inspector shall conduct all inspections pursuant to and consistent with the inspection report form prescribed by the state fire marshal and in accordance with all applicable requirements of this chapter.

(J) Grounds for denial to issue, refusal to renew, suspension, or revocation of a certificate to inspect UST systems.

(1) Any application for a certification to inspect UST systems shall be denied by the state fire marshal in accordance with Chapter 119. of the Revised Code when any of the following occur:

(a) The applicant failed to demonstrate compliance with any requirement paragraph (D) of this rule; or

(b) The applicant made a misrepresentation or submitted false statements with the initial application.

(2) An application for renewal of a certification to inspect UST systems shall be denied by the state fire marshal pursuant to Chapter 119. of the Revised Code when any of the following occur:

(a) The applicant failed to demonstrate compliance with paragraph (G) of this rule;

(b) The applicant made a misrepresentation or submitted false statements with the renewal application;

(c) The applicant obtained initial certification to inspect or any renewal of a certification to inspect through fraud or misrepresentation; or

(d) The applicant has been convicted of a felony.

(3) Any certification to inspect and any renewal of a certification to inspect issued pursuant to this rule may be suspended or revoked by the state fire marshal pursuant to Chapter 119. of the Revised Code for any of the following reasons:

(a) The certified inspector obtained initial certification to inspect or any renewal thereof through fraud or misrepresentation;

(b) The certified inspector was not present at the location during the performance of any activities described in paragraph (C) of this rule;

(c) The certified inspector failed to demonstrate compliance with any of the operation and reporting requirements in paragraph (I) of this rule;

(d) The certified inspector fails to attend any continuing education training required by the state fire marshal pursuant to paragraph (G)(3) of this rule within the time period prescribed by the state fire marshal;

(e) The certified inspector filed any false document with the state fire marshal related to any inspection conducted pursuant to certification to inspect granted pursuant to this rule;

(f) The certified inspector violated a provision of this chapter;

(g) The certified inspector has been convicted of a felony;

(h) The certified inspector has conducted any inspection prohibited by paragraph (H) of this rule; or

(i) The certified inspector has conducted any inspection pursuant to this rule in a manner that is less than reasonable and prudent using guidelines and procedures established in training required by paragraph (E)(1) of this rule.

Effective: 07/01/2012
R.C. 119.032 review dates: 12/23/2011 and 03/15/2017
Promulgated Under: 119.03
Statutory Authority: 3737.88
Rule Amplifies: 3737.88
Prior Effective Dates: 11/26/90 (Emer.); 3/14/91; 1/1/97; 3/31/99, 3/1/05

1301:7-9-16 Petroleum contaminated soil.

(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 storage, treatment, and disposal of petroleum contaminated soil excavated during corrective actions undertaken in response to releases of petroleum from underground 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) Definitions.

(1) "Designated facility" means an area of land not open to the public that is owned by, or under a written lease or contract to, the owner and operator of an underground storage tank (UST) system that is used to store or treat petroleum contaminated soil generated from one or more of their UST sites.

(2) "Disposal" means to abandon or discard.

(3) "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.

(4) "Hazardous waste" has the same meaning as set forth in Chapter 3745-51 of the Administrative Code.

(5) "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.

(6) "Off-site" means not located on the same parcel of land as the UST system that generated petroleum contaminated soil or any parcel of land contiguous thereto that is owned or under the control of the owner or operator of said UST system.

(7) "On-site" means located on the same parcel of land as the UST system that generated petroleum contaminated soil or any parcel of land contiguous thereto that is owned or under the control of the owner or operator of said UST system. Property separated by a public or private right-of-way or easement shall be considered contiguous.

(8) "Petroleum contaminated soil" or "PCS" means soil that contains chemical(s) of concern in concentrations that exceed one or more of the re-use action levels in table 1 found in paragraph (D)(1) of this rule and excludes soil defined as hazardous waste.

(9) "Re-use" means to use a material for:

(a) The same purpose for which it was used originally;

(b) A different purpose for which the generator of the material receives compensation upon transfer to another party; or

(c) Another purpose having commercial value to the generator or a recipient of the material.

(10) "Soil" means solid and semi-solid earthen materials or backfill consisting of clay, silt, sand, stones, or gravel and any debris contained therein.

(11) "Storage" means to accumulate, collect, or stockpile excavated soil or petroleum contaminated soil on-site or off-site.

(12) "Treatment" means use of any method, process, or technique other than storage or disposal designed to remove or reduce one or more chemical(s) of concern from petroleum contaminated soil.

(C) Characterization, sampling, and analysis.

(1) Characterization of excavated soil.

(a) Upon excavation of soil, the owner or operator shall determine whether the excavated soil is hazardous waste. Excavated soil that is determined to be a hazardous waste shall be managed pursuant to the applicable provisions of Chapters 3745-52 to 3745-69 of the Administrative Code.

(2) Sampling and analysis of excavated soil.

(a) Except as provided in paragraph (C)(2)(b) of this rule, sampling and analysis shall be conducted pursuant to rule 1301:7-9-17 of the Administrative Code.

(b) Excavated soil that is not stored on-site but is shipped directly to a licensed disposal facility following excavation shall be sampled and analyzed prior to shipment to the extent required by the licensed disposal facility receiving the soil. Persons arranging for off-site transport and transporters of excavated soil that qualifies as "hazardous material" shall comply with "Federal Hazardous Material Transportation Rules," 49 C.F.R. Parts 171 - 179, as published in the October 1, 2011, Code of Federal Regulations. Prior to shipment, additional analyses may be necessary to determine whether excavated soil is "hazardous material".

(D) Re-use of excavated soil.

(1) If excavated soil sampled and analyzed pursuant to the paragraph (C) of this rule does not exceed re-use action levels in table 1 of this rule for any chemical(s) of concern, then the owner or operator may use the soil for any lawful purpose. This paragraph shall not be interpreted as authorizing use of such soil for purposes prohibited or otherwise restricted by any applicable federal, state, or local laws and regulations.

Table 1 Re-Use Action Levels

CHEMICAL OF CONCERN ACTION LEVEL
Benzene 0.015
Toluene 4.910
Ethylbenzene 4.550
Total Xylenes 15.700
Methyl Tertiary Butyl Ether (MTBE) 0.047
Benzo(a)Anthracene 2.200
Benzo(b)fluoranthene 5.530
  1.970
Benzo(a)pyrene 1.100
Chrysene 1.270
Dibenz(a,h)anthracene 0.940
Indeno(1,2,3-cd)pyrene 0.150
Naphthalene 3.980
TPH (C 6-C )12 1000
TPH (C 10-C )20 2000
TPH (C 20-C )34 5000

All chemical concentrations expressed in milligrams per kilogram (mg/kg)

(2) If excavated soil sampled in accordance with paragraph (C) of this rule does not exceed the applicable action levels listed in rule 1301:7-9-13 of the Administrative Code, then the excavated soil may be deposited in the original excavation without further treatment. Following placement in the excavation, the soil shall be covered with a minimum of one foot of clean fill.

(3) Following approval from the state fire marshal, excavated soil that exceeds the applicable action levels listed in rule 1301:7-9-13 of the Administrative Code may be deposited in the original excavation for the purpose of remediation pursuant to the corrective action requirements of rule 1301:7-9-13 of the Administrative Code.

(4) When soil samples have been collected, but the analytical results have not been received, the excavated soil may be deposited in the original excavation if the excavation is lined with a synthetic liner having a minimum thickness of ten mil.

(5) If closure samples collected and analyzed pursuant to paragraph (I) of rule 1301:7-9-12 of the Administrative Code are below action levels developed pursuant to paragraph (I) of rule 1301:7-9-12 of the Administrative Code and PCS which was deposited in the original excavation pursuant to paragraph (D)(4) of this rule is determined to be above action levels, owners and operators are required to conduct one of the following:

(a) Submit a PCs treatment plan pursuant to paragraph (I)(2) of this rule; or

(b) Excavate and properly dispose of the PCS within ninety days of collecting samples for the permanent removal of a UST system or portion of the UST system in accordance with paragragph (G) of rule 1301:7-9-12 of the Administrative Code.

(6) The state fire marshal may approve the re-use of excavated soil in lieu of or in conjunction with the treatment requirements of this rule on a case-by-case basis where such re-use will provide a benefit to the citizens of Ohio and not cause harm to human health or the environment. The owner or operator may make a request in writing to the state fire marshal describing the proposed re-use. Should the state fire marshal approve the request, the state fire marshal may approve such terms or conditions, including treatment of the excavated soil prior to re-use, that the state fire marshal deems necessary to assure that the proposed re-use will not harm human health or the environment.

(E) On-site storage of excavated soil.

(1) Excavated soil remaining on-site shall be stored as follows:

(a) In portable containers that are free of holes or other damages that may allow a release of material, are secured with lids or covers to prevent infiltration of rainwater, and are individually labeled with the date of excavation and the words: "Non-hazardous soil or backfill. May contain soil contaminated by petroleum products."

(b) In stockpiles protected by a synthetic cover that prevents infiltration from rainwater or run-off of soil and by berms or other devices that diverts run-on of storm water. A twenty-four hour once in ten-year rain event shall be used to design such controls.

(c) During storage, stockpiles shall be placed on an asphalt pad, concrete pad, compatible synthetic liner having a minimum thickness of ten mil, or another material specifically approved by the state fire marshal that prevents the leaching of chemical(s) of concern. Synthetic liners shall be installed with overlaps of not less than twelve inches and shall be free of rips, tears, or other damage. Excavated soil shall be placed on the liner in a manner that insures liner integrity. A temporary fence, barrier, or other device shall be used to prevent unauthorized entry to storage areas.

(d) All storage techniques shall be constructed and maintained to minimize the release of petroleum vapors and odors.

(2) The owner or operator of the UST site used for storage of PCS shall inspect all storage areas monthly for damage to or unauthorized removal of drums, drum lids, labels, covers, berms, fences, other barriers, or signs used to deter unauthorized entry. A written log of such inspections shall be maintained for a period of five years. The log shall be made available for inspection during normal working hours upon twenty-four hours advance notice by the state fire marshal. Within forty-eight hours of discovery of damage or receipt of notice from the state fire marshal that damage has occurred, the owner or operator shall confirm whether damage has occurred, initiate such repairs as necessary to return the storage area to compliance with this rule, and place in the inspection log a description of the damage found and actions taken.

(3) PCS may be stored on-site in portable containers for a period not to exceed one hundred eighty days from the date the soil was first placed in the containers.

(4) PCS may be stored on-site in a stockpile for a period not to exceed one hundred and twenty days from the date the soil was first placed in the stockpile.

(5) The owner or operator shall maintain a record for five years of the estimated volume of the excavated soil being stored and the date the soil was first placed in containers or a stockpile.

(F) Off-site transportation of excavated soil and related documentation.

(1) Prior to the off-site shipment of excavated soil, the owner or operator shall prepare a transport manifest identifying the origin, amount, and destination of the shipment. The owner or operator of the UST site or agent thereof shall sign the delivery record at the time of shipment. Following delivery, the transporter shall sign the record and return it to the owner or operator, who shall retain the record for a period of five years. The record shall be made available for inspection during normal working hours upon twenty-four hours advance notice by the state fire marshal.

(2) Existing federal, state, and local transportation laws and regulations shall continue to apply to the shipment of PCS. This rule is not intended to displace or revise such laws and regulations.

(G) Temporary off-site storage areas.

(1) PCS from one or more UST site(s) owned or under the control of the same owner or operator may be transported from the UST site to an off-site storage area and stored for a period not to exceed ninety days from date of excavation. The off-site storage area must be owned or under the control of the owner or operator of the UST site(s), that generated the PCS.

(2) The owner or operator shall submit, on a form prescribed by the state fire marshal, the details of the origin, transportation and storage of the soil stored off-site within ten days of commencing off-site storage.

(3) PCS delivered to a storage area shall be stored in accordance with the requirements of paragraphs (E)(1), (E)(2), and (E)(5) of this rule.

(4) Prior to further transport of the PCS from the storage area, the owner or operator shall add the date of transport and destination to the delivery record required by paragraph (F)(1) of this rule.

(H) Disposal of petroleum contaminated soil.

(1) Excavated PCS shall not be disposed on-site or off-site without first being treated to reduce chemical(s) of concern in accordance with this rule, unless the soil is disposed of at a licensed disposal facility.

(2) Following disposal of PCS at a licensed disposal facility, owners and operators shall prepare a report that describes the final disposition of the excavated soil on a form prescribed by the fire marshal.

(3) All PCS containing concentrations of chemicals(s) of concern shall be managed in a manner that complies with applicable federal, state, and local requirements.

(I) Treatment of petroleum contaminated soil PCS.

(1) Applicability.

(a) A "PCS Treatment Plan" shall be submitted in accordance with paragraph (I)(2) to (I)(5) of this rule for approval to the fire marshal, unless one of the following occurs:

(i) The PCS was not returned to the original excavation and is disposed of at a licensed disposal facility;

(ii) The PCS is managed pursuant to rule 1301:7-9-13 of the Administrative Code ; or

(iii) The PCS meets the criteria in paragraph (D)(2) of this rule.

(b) PCS must be treated at one of the following locations:

(i) The UST site;

(ii) A designated facility; or

(iii) A licensed disposal facility.

(2) PCS treatment plan contents.

Owners or operators shall submit a PCS treatment plan to the state fire marshal within ninety days of the UST system removal date or the date of generating the PCS stockpile. Treatment target concentrations shall be the re-use action levels from table 1 of this rule unless a variance is granted by the state fire marshal. The PCS treatment plan shall include, but is not limited to the following information:

(a) Name of owner or operator;

(b) Name, address, and facility number of the UST site;

(c) Address of the designated facility or licensed disposal facility, if applicable;

(d) Contact person for the PCS treatment plan;

(e) The volume, in cubic yards, of soil to be treated;

(f) A description of the PCS treatment process to be implemented;

(g) A conceptual design of the PCS treatment system (detailed engineering drawings are not necessary);

(h) A brief description of the treatment alternatives considered, including a discussion of the reliability, effectiveness, cost, and time needed for completion, and the rationale for the selected program;

(i) A monitoring plan that describes the monitoring to be used to determine whether treatment target concentrations are being achieved;

(j) A description of the reporting frequency and proposed content of reports;

(k) A description of any permits (e.g., air emission, water discharge) or other governmental approvals required for implementation of the plan;

(l) An implementation schedule and the projected completion date of the proposed PCS treatment activities; and

(m) Site maps or drawings that accurately depict the location of the designated facility, the property boundaries, street locations, above ground structures, underground structures and utilities, soil stockpiles, PCS treatment areas, and other pertinent features.

(3) Public participation.

(a) For each PCS treatment plan submitted to the st