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 fire marshal hereby adapts 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 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.

(1) Any UST system holding hazardous wastes listed or identified under chapter 3745-51 of the Administrative Code, or a mixture of such hazardous wastes and other regulated substances;

(2) Any wastewater treatment tank system that is part of a wastewater treatment facility regulated under section 402 or 307(b) of the federal Water Pollution Control Act (33 U.S.C.A. 1251 and following);

(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 and paragraphs (A)(1) to (A)(5) of rule 1301:7-9-08 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.

HISTORY: Eff 11-5-90; 1-22-93; 3-1-2005

Promulgated Under: 119.03

Statutory Authority: 3737.88

Rule Amplifies: 3737.88

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 fire marshal hereby adopts this rule to establish definitions of words and phrases related to underground storage tanks. 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.

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

(1) “Abandonment” means permanently taking an UST system out of service for more than twelve months but not out of the ground.

(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)

(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” also means the upgrading of a tank or an underground storage tank system component, or the modification of a tank or an underground storage tank system component. “Major repair” does not include routine maintenance or 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 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;

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

(e) Flexible connector lines;

(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 is discontinued and no longer fulfilling its designed function.

(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 minimus 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:

(a) 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 soils or otherwise into the environment;

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

(c) Chemical(s) of concern in subsurface soils 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 from an UST site.

(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) “Repair” means to restore a tank or UST system component that has caused a release of product from the UST system.

(53) “Residential tank” is a tank located on property used primarily for dwelling purposes.

(54) “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;

(d) Fill caps and adapters;

(e) Cathodic protection components;

(f) Stage one vapor recovery components;

(g) Submersible pump components provided that no product lines are disconnected; and

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

(55) “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.

(56) “Spill” means a release resulting from improper dispensing 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.

(57) “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.

(58) “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.

(59) “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.

(60) “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, 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.

(61) “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.

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

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

(64) “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.

(65) “Upgrade” means the addition or retrofit of some systems such as cathodic protection, lining, or spill and overfill controls to improve the ability of an underground storage tank system to prevent the release of product.

(66) “Underground storage tank” 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.A. 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;

(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.

(67) “Underground storage tank system” means an underground storage tank and the connected underground piping, underground ancillary equipment, and containment system, if any.

(68) “UST” or “UST system” means an underground storage tank or an underground storage tank system.

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

Replaces: Part of 1301:7-7-35

Effective: 12/31/2005

R.C. 119.032 review dates: 09/12/2005 and 12/31/2010

Promulgated Under: 119.03

Statutory Authority: 3737.88

Rule Amplifies: 3737.88

Prior Effective Dates: 5/9/88, 3/1/05

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.

(3) “UST site” means the parcel of property where an UST system is or had been located.

(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 twentyfive 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, 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

5-(Aminomethyl)-3-isoxazolol 2763964

4-Aminopyridine 504245

Amitrole 61825

Ammonia 7664417

Ammonium acetate 631618

Ammonium benzoate 1863631

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 thiosulfate 7783188

Ammonium vanadate 7803556

Amyl acetate 628637

iso- 123922

sec- 626380

tert- 625161

Aniline 62533

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-8amethoxy- 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)-alphahydroxy-, ethyl ester 510156

1,2-Benzenedicarboxylic acid anhydride 85449

1,2-Benzenedicarboxylic acid, [bis(2-ethylexyl)] lester 1178617

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 12875

1,2-Benzisothiazolin-3-one,1,1-dioxide, and salts 81072

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 65050

Benzoic acid, 2-hydroxy-, compd. with (3aS-cis)-1,2,3,3a,8,8ahexahydro-1,3a,8-trimethylpyrrolo [2,3-b] indol-5-yl methlycarbamate 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

(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, 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 cyanide 592018

Calcium dodecylbenzene sulfonate 26264062

Calcium hypochlorite 7778543

Camphene, octachloro- 8001352

Captan 133062

Carbamic acid, ethyl ester 51793

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)- 1Hpyrazol-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-, dimethyl 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

Chloral 75876

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

CHLOROALKYL ETHERS

p-Chloroaniline 106478

Chlorobenzene 108907

4-Chloro-m-cresol 50507

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

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 CCOMPOUNDS

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

CROTONALDEHYDE 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 Acid 94757

2,4-D Esters 94111

94791

94804

1320189

1928387

1928616

1929733

2971382

25168267

53467111

2,4-D, salts and esters 94757

Daunomycin 20830813

DDD 72548

4,4’DDD 72548

DDE 72559

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 5333415

Dibenz[a,h]anthracene 53703

1,2:5,6-Dibenzanthracene 53703

Dibenzo[a,h]anthracene 53703

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

2,4-Dichlorophenoxy-acetic acid, salts and esters 94757

Dichlorophenylarsine 696286

Dichloropropane 26638197

1,1-Dichloropropane 78999

1,3-Dichloropropane 142289

1,2-Dichloropropane 78875

N-,2,3 DICHLOROPROPANOL 616239

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

Diethylamine 109897

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

7,12-Dimethylbenz(a) anthracene 59796

3,3-Dimethylbenzidine 119937

alpha, alpha-Dimethylbenzylhydro peroxide 81059

3,3-Dimethyl-1-(methylthio)-2-butanone, O-[(methylamino)carbonyl] oxime 39196184

Dimethylcarbamoyl chloride 79447

1,1-Dimethylhydrazine 57147

1,2-Dimethylhydrazine 540378

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 34521

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

DIPHENYLAMINE 122394

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

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, 1,1’-[methylenebis(oxy)] bis(2-chloro- 111911

Ethane, 1,1’-oxybis- 60297

Ethane, 1,1’-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, dicarbamate) 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 10009

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- octahydroendo, 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-octahydroendo, 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, endodimethanonaphthalene 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

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

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

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- 95092

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 23422539

(Formetanate hydro-chloride) 4,7-Methano-1H-indene, 1,4,5,6,7,8,8-heptachloro-3a, 3,7,7atetrahydro- 76448

Methanoic acid 64186

4,7-Methanoindan,1,2,4,5,6,7,8,8-octa-chloro- 3a,4,7,7atetrahydro-

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

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

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)-tetrasodium 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

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-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, 3-(1-methylethyl)-, methyl carbamate (m-Cumenyl methylcarbamate) 64006

Penol, 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 1, 10-(1,2- 696286

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 56582

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

Propionic acid 79094

Propionic acid, 2-(2,4,5-trichlorophenoxy)- 93721

Propionic anhydride 123626

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

Saccharin and salts 81072

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

96720

823405

Toluene diisocyanite 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

2,4,5-Trichlorophenol 95954

2,4,6-Trichlorophenol 80862

2,4,5-Trichlorophenoxy-acetic acid 93765

1,2,3-Trichloropropane 96184

Triethanolamine dodecylbenzene-sulfonate 27323417

Trimethylamine 121488

Triethylamine 75503

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

Vvinyl acetate 108054

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.

HISTORY: Eff 10-2-90; 1-22-93; 3-31-99; 3-1-2005

Promulgated Under: 119.03

Statutory Authority: 3737.88 (A), 3737.88 (D)

Rule Amplifies: 3737.88 (A), 3737.88 )(D)

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 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 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 fire marshal for each location containing such UST systems.

(2) The 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 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.

(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 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 fire marshal on the application form prescribed by the 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 fire marshal on the form prescribed by the 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 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 fire marshal for each location where an UST subject to the transfer is located. The 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 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 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 fire marshal or local fire official.

HISTORY: Eff 5-9-88; 11-5-90; 9-11-91; 5-10-99; 3-1-2005

Promulgated Under: 119.03

Statutory Authority: 3737.02, 3737.88

Rule Amplifies: 3737.02, 3737.88

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.A. 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.A. 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

(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 265.143; . . . . . . . . . . . . . . . . . . . . . $_____

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

Liability coverage amounts required by the United States Environmental Protection Agency under 40 C.F.R. 264.147 and 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]

(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:

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.

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

“(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.

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.

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

(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

Corporate Surety(ies)

State of Incorporation: [__________.]

Liability limit: [$__________.]

[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

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;

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, 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, 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;

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.

Attest:

(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]

(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]

(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]

(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:

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]

(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.

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:

(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;

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

(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:_______________

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

(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.

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;

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

(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.

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).

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.

(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;

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

(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:_______________

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:

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]

(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.

(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]

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: 11/24/2004 and 03/01/2009

Promulgated Under: 119.03

Statutory Authority: 3737.882

Rule Amplifies: 3737.882

Prior Effective Dates: 10/2/90, 6/12/91 (Emer.), 9/11/91, 4/10/92, 1/1/94

1301:7-9-06 Design, construction, installation, modification and major repair for UST systems.

(A) Purpose and scope.

For the purpose of prescribing rules pursuant to section 3737.88 of the Revised Code, the fire marshal hereby adopts this rule to establish design, construction, installation, modification and major repair requirements for underground storage tanks containing petroleum or other regulated 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.” 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.A. 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) Design, construction, installation, modification and major repair requirements for new UST systems.

To prevent releases due to structural failure, corrosion, or spills and overfills for as long as the UST system is used to store regulated substances, all owners and operators of new UST systems shall comply the following requirements:

(1) Each tank shall be properly designed and constructed in one of the following manners:

(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 1746-93; 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 1746-93; Corrosion Protection Systems for Underground Storage Tanks” or “Steel Tank Institute STIF894;

Specification for External Corrosion Protection of FRP Composite Steel Underground Storage Tanks” and related Steel Tank Institute specifications.

(2) New piping shall be properly designed and constructed and shall comply with all the following requirements:

(a) Underground piping that routinely contains regulated substances shall be equipped with secondary containment that consists of either trench liners, jacketing of single-walled pipe, or double-walled pipe. Secondary containment of piping shall:

(i) Completely contain regulated substances released from the UST system within the containment system until they are detected and removed; and

(ii) Prevent the release of regulated substances into the environment at any time during the operational life of the piping containment.

(b) All piping that routinely contains regulated substances and is in contact with the ground shall be properly designed, constructed, and 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 971-95; Nonmetallic Underground Piping for Flammable Liquids” and “Underwriters Laboratories Standard 567-03; Pipe Connectors for Petroleum Products and LP Gas”.

(ii) The piping is constructed of metal in compliance with “National Fire Protection Association Standard 30-03; Flammable and Combustible Liquids Code” and “American National Standards Institute B31.3-02; 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.

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

(d) Foot check valves in suction piping shall be installed with an extractor fitting to allow for the testing and maintenance of the UST system.

(3) Containment systems on new UST systems shall be properly designed and constructed and shall meet all of the following requirements:

(a) A water resistant containment shall be installed on all USTs to allow access and provide containment in the area where the product piping exits the UST;

(b) A water resistant containment system shall be installed in all areas where product piping transitions from underground to above ground or vise versa;

(c) A water resistant containment system shall be installed in all areas where a transition sump is required to maintain the proper slope of product piping; and

(d) Containment systems shall be designed in accordance with all of the following:

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

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

(iii) The cover of each containment system shall be designed or managed to allow access to the containment system within four hours of a request by the fire marshal or local fire official.

(4) Spill and overfill prevention equipment on new UST systems

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

(i) Spill prevention equipment 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:

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

(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.

(iii) 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.

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

(C) Construction requirements for new UST systems containing hazardous substances and new UST systems located in sensitive areas containing petroleum.

(1) In addition to meeting the requirements described in (B) to (B)(4)(a)(iii) of this rule, all new UST systems containing hazardous substances and new UST systems located in sensitive areas containing petroleum shall comply with paragraphs (C)(2) to (C)(2)(c)(iii) of this rule.

(2) New UST systems containing hazardous substances and new UST systems located in sensitive areas containing petroleum shall provide secondary containment for the UST system and shall comply with the following requirements:

(a) Secondary containment systems, including double-walled tanks, external liners and vaults, shall be designed, constructed and installed to:

(i) Completely contain regulated substances released from the UST system until they are detected and removed; and

(ii) Prevent the release of regulated substances into the environment at any time during the operational life of the UST system.

(b) Double-walled tanks shall be designed, constructed and installed to:

(i) Completely contain a release from any portion of the inner tank within the outer wall; and

(ii) Detect a failure of the inner or outer wall.

(i) Contain one hundred per cent of the capacity of the largest tank within its boundary;

(ii) Prevent the interference of precipitation and ground-water intrusion and have the ability to contain or detect a release of regulated substances; and

(iii) Surround the tank completely such that it is capable of preventing lateral as well as vertical migration of regulated substances.

(D) Performance standards for existing UST systems.

(1) The addition of internal lining to existing UST systems to meet cathodic protection requirements is prohibited unless owners and operators obtain written approval from the fire marshal prior to the application of internal lining. Owners and operators shall comply with any conditions imposed by the fire marshal on the use of internal lining. UST systems internally lined to meet cathodic protection requirements prior to the effective date of this rule shall be maintained in accordance with paragraph (C)(5) of rule 1301:7-9-08 of the Administrative Code.

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

(3) Owners and operators of an existing UST system that failed to meet installation, upgrade or major repair requirements that applied to the UST system prior to the effective date of this rule shall take out of service, permanently remove or close in place the UST system or components not in compliance with this chapter in accordance with rule 1301:7-9-12 of the Administrative Code.

(4) Existing UST systems located in newly designated sensitive areas, as described in paragraph (E) of rule 1301:7-9-09 of the Administrative Code, shall undergo modification within one year of the designation of the sensitive area to comply with paragraph (C)(1)(c) of rule 1301:7-9-07 of the Administrative Code.

(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 RP100-2000; “Recommended Practices for Installation of Underground Liquid Storage Systems”, American Petroleum Institute Publication 1615-01; “Installation of Underground Petroleum Storage Systems”, National Fire Protection Association Publication NFPA 30-03 “Flammable and Combustible Liquids Code”, National Fire Protection Association Publication NFPA 30A-03 “Motor Fuel Dispensing Facilities and Repair Garages”, 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) 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.

(3) 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.

(4) 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)(3) 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.

(5) Other design, construction, installation, modification and major repair 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 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 fire marshal.

HISTORY: Eff 6-1-85; 6-5-85; 5-9-88; 11-5-90; 1-1-97; 3-31-99; 3-1-2005

Promulgated Under: 119.03

Statutory Authority: 3737.88

Rule Amplifies: 3737.88

1301:7-9-07 Release Detection Requirements and Methods for UST Systems.

(A) Purpose and scope.

For the purpose of prescribing rules pursuant to section 3737.88 of the Revised Code, the fire marshal hereby adopts this rule to establish release detection requirements and methods for underground storage tanks containing petroleum or other regulated substances. This rule is adopted by the 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.A. 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;

(5) UST systems with field-constructed tanks; and

(6) UST systems that store fuel solely for use by emergency power generators.

(B) Release detection requirements for UST systems.

(1) USTs shall be monitored at least every thirty days for releases by the owner or operator using one of the methods listed in paragraphs (D)(2) to (D)(4)(b) of this rule except that:

(a) Tanks with a capacity of five hundred fifty gallons or less may use manual tank gauging in compliance with paragraphs (D)(1) to (D)(1)(d) of this rule as the sole method of release detection.

(b) 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 paragraphs (D)(1) to (D)(1)(d) of this rule as a method of release detection provided that a tank tightness test is performed in accordance with paragraph (F) of this rule once every five years.

(c) Owners and operators using soil gas monitoring or ground water monitoring as the sole method of release detection for USTs and piping shall comply with one of the release detection methods as provided in paragraphs (D)(2) to (D)(4)(b) of this rule by December 31, 2005.

(d) If a method of release detection authorized in paragraph (B)(1) of this rule is found to be defective, owners and operators shall immediately repair or replace the method of release detection.

(i) While the method of release detection is being repaired or replaced, owners and operators may use product inventory control in accordance with paragraph (B)(2) of this rule in lieu of complying with the requirements of paragraph (B)(1) of this rule.

(ii) Owners and operators may use product inventory control in accordance with paragraph (B)(2) of this rule for a period of up to sixty days after the last passing result obtained in accordance with paragraph (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 that the release detection method is repaired or replaced.

(2) USTs containing motor or aviation petroleum fuels shall be monitored daily by the owner or operator using product inventory control conducted as described in “American Petroleum Institute 1621-01; Recommended Practice for Bulk Liquid Stock Control of Retail Outlets”.

(a) 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”.

(b) If inventory discrepancies occur for two consecutive months, owners and operators shall perform an investigation in accordance with all of the following:

(i) Conduct a tightness test of the UST system in accordance with paragraph (F) of this rule within seven days of discovery of the discrepancy;

(ii) 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 fire marshal, and

(iii) Maintain the results of all required tightness tests for a minimum of two years. All tightness test results shall be made available for inspection at the site within twenty-four hours of a request from the fire marshal.

(c) Other types of monitoring may be used if the owner and operator can demonstrate that the method can detect an inventory discrepancy or a release from the UST system, including containment equipment, as effectively as the methods allowed in paragraph (B)(1) or (B)(2)(a) of this rule. The method shall operate continuously or shall produce a conclusive result at least once a week. 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 is detected by the monitoring method.

(3) Underground piping that routinely contains regulated substances shall be monitored for releases by the owner or operator in a manner that meets one of the following requirements:

(a) 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 after 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.

(b) Underground piping that conveys regulated substances under suction shall have a line tightness test conducted at least once every thirty-six month period in compliance with paragraph (F)(2) of this rule unless the owner and operator can readily demonstrate that the suction piping is designed and constructed to meet all of the following standards:

(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; and

(iv) The check valve is located directly below and as close as practical to the suction pump.

(4) New underground piping and containment systems installed pursuant to paragraph (B)(2), (B)(3) or (C) of rule 1301:7-9-06 of the Administrative Code shall comply with all of the following:

(a) Piping and containment systems shall be 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 has collected in the containment sump and risen to a level above the lowest penetration in the containment system or if any regulated substance escapes from the containment system.

(5) All methods of release detection shall be properly installed in accordance with the manufacturer’s instructions and either “Petroleum Equipment Institute Publication RP100-2000; 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.

(6) Performing work pursuant to this rule does not relieve a person engaged in underground storage tank 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, etc.

(C) Release detection requirements for UST systems containing hazardous substances and UST systems located in sensitive areas containing petroleum.

(1) In addition to meeting the requirements in paragraph (B)(2) to (B)(6) of this rule, UST systems containing hazardous substances and 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, shall be monitored by the owner or operator in accordance with the following:

(a) UST systems shall be monitored at least every thirty days for releases in accordance with paragraph (D)(3) of this rule;

(b) Underground piping and containment systems shall comply with all new piping and containment requirements pursuant to paragraph (B)(4) of this rule; and

(c) All underground piping that conveys regulated substances under pressure shall be equipped with an automatic shut off line leak detector which alerts the operator to the presence of a leak by shutting off the flow of regulated substance through piping and triggering an audible or visual alarm when a leak of three gallons per hour at ten pounds per square inch pressure within one hour occurs. The automatic shut off line leak detector shall be designed and installed in such a manner that will permit the operator to restart the flow of regulated substance only one time to verify the presence of a piping leak or an equipment malfunction. If the automatic shut off line leak detector is activated after a restart by the operator, the flow of regulated substance through the attached underground piping shall automatically be stopped until the piping and the automatic shut off line leak detector are inspected under the supervision of an installer certified pursuant to rule 1301:7-9-11 of the Administrative Code. 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 line leak detector activates after a restart by the operator as described in this paragraph, unless an installer certified pursuant to rule 1301:7-9-11 of the Administrative Code determines that an equipment malfunction occurred.

(2) UST systems that were installed in areas designated as sensitive areas prior to the effective dates listed in paragraph (C) to (E) of rule 1301:7-9-09 of the Administrative Code, shall be monitored in accordance with paragraphs (B)(1) to (B)(6) of this rule.

(3) Existing UST systems located in newly designated sensitive areas under paragraph (E) of rule 1301:7-9-09 of the Administrative Code shall undergo modification within one year of the designation of the sensitive area to comply with paragraph (C)(1)(c) of this rule.

(D) Methods of release detection for USTs.

(1) Manual tank gauging shall be conducted weekly and comply with the following requirements:

(a) 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;

(b) Level measurements are based on an average of two consecutive stick readings at both the beginning and ending of the period;

(c) 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

(d) 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

(2) Equipment for automatic tank gauging that tests for the loss of regulated substance and conducts inventory control shall comply with the following requirements:

(a) The automatic product level monitor test can detect a two-tenth of a gallon per hour leak rate from any portion of the tank; and

(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 two-tenth of a gallon per hour leak rate is detected from any portion of the tank.

(3) Interstitial monitoring between the UST system and a secondary barrier immediately around or beneath the UST system may be used, but only if the UST system is designed, constructed and installed to detect a release from any portion of the tank that routinely contains a regulated substance and complies with one of the following three requirements:

(a) For double-walled UST systems, the sampling or testing method 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. 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.

(b) For UST systems with a secondary barrier within the excavation zone, the sampling or testing method used can detect a release between the UST system and the secondary barrier by means of the following:

(i) The secondary barrier around or beneath the UST system is consists of constructed of artificial material that is sufficiently thick so as to have no more than a 0.000001 centimeters per second permeability rate for the regulated substance stored in the UST and to direct a release to the monitoring point and permit its detection.

(ii) The barrier is compatible with the regulated substance stored so that a release from the UST system will not cause a deterioration of the barrier;

(iii) For cathodically protected tanks, the secondary barrier shall be installed so that it does not interfere with the proper operation of the cathodic protection system;

(iv) The ground water, soil moisture, rainfall, or other known interferences will not render the testing or sampling method used inoperative so that a release could go undetected for more than thirty days;

(v) The site is assessed to ensure that the secondary barrier is always above the ground water and not in a twenty-five year flood plain, unless the barrier and monitoring designs are for use under such conditions; and

(vi) Monitoring wells are clearly marked and secured to avoid unauthorized access, tampering, and surface runoff contamination. Owners and operators shall keep an accurate log of all drillings and borings in compliance with this chapter and shall maintain at the location of the monitoring well a method of access for fire marshal inspection at all times.

(vii) 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 UST system and the secondary barrier.

(c) For tanks with an internally fitted liner, an automated device that can detect a release between the inner wall of the tank and the liner, and the liner shall be compatible with the regulated substance stored. 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 wall of the tank and the liner.

(4) Any other type of release detection method, or combination of methods, can be used if approved in writing by the fire marshal prior to installation and if:

(a) The method can detect a two-tenths of a gallon per hour leak rate or a release of one hundred fifty gallons within thirty days with a probability of detection of 0.95 and a probability of falsely indicating a release of 0.05; or

(b) The owner and operator can demonstrate the method can detect a release as effectively as any of the methods allowed in paragraphs (D)(1) to (D)(4)(a) of this rule. In comparing methods, the fire marshal shall consider the size of release that the method can detect and the frequency and reliability with which it can be detected. If the method is approved, the owner and operator shall comply with any terms and conditions imposed by the fire marshal on its use.

(c) 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 fire marshal.

(E) Release detection recordkeeping.

All UST system owners and operators shall maintain records in compliance with this chapter demonstrating compliance with all applicable requirements of this rule. These records shall include, without limitation, 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 five 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, except that the results of tank tightness testing conducted in compliance with paragraph (F) of this rule shall be retained until the next test is conducted; and

(3) Written documentation of all calibration, maintenance, and repair of release detection equipment permanently located at the facility shall be maintained for the life of the equipment. Any schedules of required calibration and maintenance provided by the release detection equipment manufacturer shall be retained for the life of the UST system.

(F) Testing methods for UST systems.

(1) Tightness testing for underground storage tanks.

(a) Tank tightness testing of the primary shell of both single wall and double wall tanks shall be capable of detecting a one tenth of a gallon per hour leak rate from any portion of the tank 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 double wall tanks shall follow the manufacturers testing requirements.

(2) Tightness testing for piping.

(a) Piping tightness testing of the primary piping of both single wall and double wall 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 the primary piping of both single wall and double wall suction and gravity 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.

(3) Testing of containment systems and other ancillary equipment:

(a) Testing of automatic line leak detectors shall be performed as follows:

(i) Automatic line leak detector shall be capable of detecting a release of three gallon per hour at ten pounds per square inch line pressure within one hour; and

(ii) 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.

(b) Testing of containment systems shall be performed as follows:

(i) All penetrations must be completed prior to testing, including electrical;

(ii) The containment system shall be filled with water or other approved liquid to a height that covers the highest penetration by six inches;

(iii) During in-ground tests, the containment system shall not be backfilled prior to the test; and

(iv) The test duration shall be sixty minutes with no drop in liquid levels.

(c) Any containment system or ancillary equipment that fails a test method listed in paragraph (F)(3) of this rule shall undergo routine maintenance, modification or major repair, as appropriate, to restore the containment system or ancillary equipment to working order.

(4) All testing methods listed in paragraphs (F)(1) and (F)(2) 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 RP100-2000; “Recommended Practices for Installation of Underground Liquid Storage Systems”, American petroleum institute publication 1615-01; “Installation of Underground Petroleum Storage Systems”, national fire protection association publication NFPA 30-03 “Flammable and Combustible Liquids Code”, and national fire protection association publication NFPA 30A-03 “Motor Fuel Dispensing Facilities and Repair Garages”. 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 manufacturers instructions shall be followed when using gases for the test method.

(7) All testing methods defined in paragraphs (F) to (F)(3)(b)(iv) 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 an accredited third party to be proficient in performing the tightness testing method; or

(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) For an existing UST system, no modification permit is required when switching to product inventory control or manual tank gauging as a method of release detection as described in paragraph (B)(2) or (D)(1) of this rule. A modification permit is required when switching from product inventory control or manual tank gauging to another method of release detection as described in paragraphs (D)(2) to (D)(3) of this rule for an existing UST system.

(3) 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) or (G)(2) 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.

(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 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 fire marshal.

Effective: 12/31/2005

R.C. 119.032 review dates: 09/12/2005 and 12/31/2010

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

1301:7-9-08 Operating Requirements for UST Systems.

(A) Purpose and scope.

For the purpose of prescribing rules pursuant to section 3737.88 of the Revised Code, the fire marshal hereby adopts this rule to establish operating requirements for underground storage tanks containing petroleum or other regulated 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.” 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.A. 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) Operation of spill and overfill prevention control. All owners and operators shall maintain and operate spill and overfill prevention equipment in accordance with paragraph (B) of this rule and shall document their actions on a form prescribed by the fire marshal in accordance with paragraph (G)(1) of this rule.

(1) Owners and operators of all UST systems shall ensure that releases due to spilling or overfilling do not occur. The owner and 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.

(2) The owner and operator of all UST systems shall report, investigate and clean up any spills and overfills in compliance with section 3737.88 and 3737.882 of the Revised Code and this chapter of the Administrative Code.

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

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

All owners and operators shall maintain and operate corrosion protection equipment in accordance with paragraph (C) of this rule and shall document their actions on a form prescribed by the fire marshal in accordance with paragraph (G)(1) of this rule.

(1) All corrosion protection systems shall be operated and maintained to continuously provide corrosion protection to the metal components of those portion of the tank and piping that routinely contain regulated substances and are in contact with the ground.

(2) 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”.

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

(4) 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 (C)(1) to (C)(3) of this rule. These records shall provide the following:

(a) The results of the last six inspections required by paragraph (C)(3) of this rule; and

(b) The results of testing from the last two inspections required in paragraph (C)(2)(a) of this rule.

(5) UST systems internally lined to meet cathodic protection requirements or as part of a major repair or modification shall be maintained in accordance with the following:

(a) 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”.

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

(ii) A modification permit shall be obtained prior to performing work in accordance with paragraph (C)(5)(a) of this rule.

(iii) Video camera inspections shall not be used to meet the requirements of paragraph (C)(5)(a) of this rule.

(b) Any UST system internally lined that fails to meet the criteria described in paragraph (C)(5)(a) of this rule shall be removed in accordance with rule 1301:7-9-12 of the Administrative Code unless owner and operators obtain written approval from the fire marshal to modify or repair the internally lined UST system. Owners and operators shall comply with any conditions imposed by the fire marshal on the use of internal lining.

(c) UST systems internally lined that also have cathodic protection that meets the requirements of paragraphs (B)(1)(b) of rule 1301:7-9-06 of the Administrative Code and are in compliance with paragraphs (C)(1) to (C)(4)(b) of this rule do not have to comply with paragraph (C)(5)(a) of this rule.

(6) 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.

(D) Operation and maintenance of USTs and piping.

All owners and operators shall maintain and operate USTs and piping in accordance with paragraph (D) of this rule and shall document their actions on a form prescribed by the fire marshal in accordance with paragraph (G)(1) of this rule.

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

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

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

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

(3) Owners and operators shall inspect all accessible UST and piping components at least once a year for evidence of degradation including but not limited to:

(a) Any visible corrosion, pealing, cracking or excessive distortion of the UST and piping components, and

(b) Indirect evidence of degradation, including but not limited to clogged filters or sludge buildup in UST and piping.

(E) Operation of submersible and dispenser containment equipment.

All owners and operators shall maintain containment equipment in accordance with paragraph (E) of this rule and shall document their actions on a form prescribed by the fire marshal in accordance with paragraph (G)(1) of this rule.

(1) 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:

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

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

(2) The following containment equipment shall be tested for tightness no later than December 31, 2005, and every three years thereafter, in accordance with paragraph (F)(3)(b) of rule 1301:7-9-07 of the Administrative Code:

(a) New containment equipment installed in accordance with paragraph (B)(3) of rule 1301:7-9-06 of the Administrative Code;

(b) All containment equipment associated with UST systems containing hazardous substances pursuant to rule 1301:7-9-03 of the Administrative Code; and

(c) All containment equipment 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.

(3) 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 has collected in the containment system and risen to a level above the lowest penetration in the containment system or if any regulated substance escapes from the containment system.

(F) Operation of release detection components.

All owners and operators shall maintain and operate release detection equipment in accordance with paragraph (F) of this rule and shall document their actions on a form prescribed by the fire marshal in accordance with paragraph (G)(1) of this rule.

(1) Owners and operators shall maintain daily product inventory control or some other acceptable monitoring method as required in paragraph (B)(2) of rule 1301:7-9-07 of the Ohio Administrative Code.

(2) Owners and operators using a release detection method required by paragraph (B) or (C) of rule 1301:7-9-07 of the Administrative Code shall inspect the release detection method each month to confirm that the release detection method has produced a passing result or is a continuously operating device and has not indicated that a release has occurred.

(3) 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 detection method required by paragraph (B) or (C) of rule 1301:7-9-07 of the Administrative Code fails to achieve a passing result or goes into alarm.

(4) All release detection methods for piping and containment systems described in rule 1301:7-9-07 of the Administrative Code shall be inspected to confirm proper operation in accordance with the following:

(a) Automatic line leak detectors shall be tested annually in accordance with paragraph (F)(3)(a) of rule 1301:7-9-07 of the Administrative Code; and

(b) Underground piping that conveys regulated substances under pressure shall meet one of the following:

(i) Have an annual tightness test conducted by an independent third party in compliance with paragraph (F)(2) of rule 1301:7-9-07 of the Administrative Code; or

(ii) Have a monthly tightness test conducted by the on-site electronic line testing unit provided that the unit can detect a two-tenth of a gallon per hour leak rate at operating pressure.

(i) Have a tightness test conducted every thirty-six month period in compliance with paragraph (F)(2) of rule 1301:7-9-07 of the Administrative Code; or

(ii) Demonstrate compliance with paragraph (B)(3)(b) of rule 1301:7-9-07 of the Administrative Code.

(5) All release detection methods for hazardous substance UST systems and UST systems located in sensitive areas as described in paragraph (C) of rule 1301:7-9-07 of the Administrative Code shall be inspected annually to confirm proper operation in accordance with the following:

(a) UST systems with interstitial monitoring shall be maintained in accordance with the manufacturer’s requirements;

(b) Automatic line leak detectors shall be tested annually in accordance with paragraph (F)(3)(a) of rule 1301:7-9-07 of the Administrative Code. Automatic line leak detectors that are part of UST systems located in sensitive areas shall also be inspected to confirm the automatic line leak detector’s ability to prevent more than one attempt by the operator to restart the flow of regulated substance in compliance with the manufacturer’s requirements;

(c) All underground piping that routinely contains regulated substances shall have an annual tightness test pursuant to paragraph (F)(2) of rule 1301:7-9-07 of the Administrative Code;

(d) Containment systems with liquid sensors shall be inspected annually in accordance with the manufacturer’s requirements; and

(e) UST systems that were installed in areas designated as sensitive areas prior to the effective dates listed in paragraphs (C) to (E) of rule 1301:7-9-09 of the Administrative Code, shall be monitored in accordance with paragraphs (F)(4) and (F)(6) of this rule.

(6) All release detection methods for UST systems described in paragraphs (D)(2) to (D)(4)(b) of rule 1301:7-9-07 of the Administrative Code shall be evaluated annually to confirm proper operation in accordance with the following:

(a) Equipment for automatic tank gauging and interstitial monitoring shall be maintained in accordance with the manufacturer’s requirements.

(b) Equipment for any other alternative method approved in writing by the fire marshal shall be maintained in accordance with the manufacturer’s requirements and any other requirements imposed by the fire marshal.

(7) All release detection methods described in paragraphs (F)(4) to (F)(6) of this rule shall be evaluated for proper operation by a 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 an accredited third party to be proficient in the evaluation of the release detection method; or

(G) Record keeping and performance requirements.

(1) The fire marshal shall prescribe a form that documents the steps taken by owners and operators to comply with the reporting requirements defined in this rule.

(a) Owners and operators shall accurately complete the form starting no later than January 1, 2006, and annually thereafter.

(b) Owners and operators shall maintain the form at the facility or at some other secure location for at least five years.

(c) Owners and operators shall make the form available to the fire marshal within twenty-four hours of a request by the fire marshal.

(d) In the event of a transfer of ownership of any UST system, the transferor shall give completed copies of the form to the transferee within thirty days of the transfer.

(2) 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.

(a) Any UST system component found not to be operating properly shall undergo routine maintenance or modification, as appropriate, to prevent the UST system from releasing a regulated substance.

(b) Any UST system component found not to be operating properly that has caused or contributed to a release shall undergo major repair to prevent any further releases.

(3) All work performed in accordance with this rule shall comply with the applicable requirements of this rule, paragraph (E)(1) of rule 1301:7-9-06 of the Administrative Code and with paragraphs (B)(5) and (F)(5) of rule 1301:7-9-07 of the Administrative Code.

(4) Other operating 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 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 fire marshal.

Effective: 12/31/2005

R.C. 119.032 review dates: 09/12/2005 and 12/31/2010

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

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 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 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.A. 300f et seq.):

(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 86, 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. 131, 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. 53, 111 (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 86, 15879 (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. 131, 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 bureau chief 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) to (B)(1)(d)(iv) 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 paragraphs (B)(1)(e) to (B)(1)(e)(v) 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 paragraphs (B)(1)(f) to (B)(1)(f)(iv) of this rule on or after the effective date of this rule.

HISTORY: Eff 9-1-92; 3-31-99; 3-1-2005

Promulgated Under: 119.03

Statutory Authority: 3737.88 (A)(2)

Rule Amplifies: 3737.88 (A) (2)

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 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 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) “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.

(2) “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.

(3) “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” also means the upgrading of a tank or an underground storage tank system component, or the modification of a tank or an underground storage tank system component. “Major repair” does not include routine maintenance or normal operational upkeep to prevent an underground storage tank system from releasing a product.

(4) “Modification” means work performed on UST system components that have not leaked such as adding, altering 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;

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

(e) Flexible connector lines;

(f) UST lining components; and

(g) Release detection systems.

(5) “Out of service” means the normal operation and use of the UST or piping is discontinued and no longer fulfilling its designed function.

(6) “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 UST system components shall constitute routine maintenance or normal operational upkeep on UST systems provided that the component has not caused a release:

(a) Drop tubes;

(b) Overfill containment devices;

(d) Fill caps and adapters;

(e) Cathodic protection components;

(f) Stage one vapor recovery components;

(g) Submersible pump components provided that no product lines are disconnected; and

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

(7) “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.

(1) A permit is required to perform all of the following activities on an UST system:

(a) Install;

(b) Remove;

(d) Take out of service more than 90 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 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 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 paragraphs (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 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 fire marshal, the permit fee shall be thirty-five dollars for each location described in the permit application. Inspections conducted by a 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 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 fire marshal. Inspection fees will be considered past due if they are not actually received by the 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 fire marshal or a certified UST inspector who has been certified by the 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.

HISTORY: Eff 9-1-92; 1-1-97; 3-31-99; 3-1-2005

Promulgated Under: 119.03

Statutory Authority: 3737.88

Rule Amplifies: 3737.88

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 fire marshal hereby adopts this rule to establish underground storage tank installer certification and training requirements. This rule is adopted by the 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 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 systems:

(1) The actual purging and excavation of existing UST systems, if applicable;

(2) The actual performance of modifications of any components as defined in paragraph (B)(4) of rule 1301:7-9-10 of the Administrative Code;

(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 and UST system out of service for more than ninety days pursuant to paragraph (E)(2) 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.; or

(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 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 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 fire marshal. UST related work shall not resume until approval is given by the 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 fire marshal, on a form furnished by the 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 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 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 fire marshal may check with other certification or licensing boards with which the applicant is registered to confirm the abence 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 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 paragraphs (M)(3) to (M)(3)(c) or (M)(09) 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 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 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 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 fire marshal.

(4) The examination shall be offered by the fire marshal at least six times a year at such places as the fire marshal determines. The 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 the state fire marshal or alternate locations as approved by the state fire marshal.

(6) At the time the application is filed, the 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 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 fire marshal to the renewal date.

(2) The application for an installer certification shall be denied by the 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 fire marshal;

(b) The applicant failed to provide the fee required for application and examination;

(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 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) Within thirty days prior to the expiration date of their installer certification, submit an installer certification renewal application to the fire marshal, on a form prescribed by the fire marshal, accompanied by a non-refundable fee of one hundred fifty dollars;

(b) Demonstrate in a manner prescribed by the fire marshal attendance at a minimum of eight hours of 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 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 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 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 fire marshal may require applicants for installer certification renewal to satisfactorily pass a written multiple-choice examination in addition to meeting the requirements in paragraphs (L)(1) to (L)(1)(c) 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 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 fire marshal.

(3) The 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 fire marshal.

(4) The application for an installer certification renewal shall be denied by the 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 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 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 fire marshal may grant a variance from the timely submittal of renewal applications if the applicant provides good cause as determined by the 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 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, four hours of hands-on training, 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;

(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 fire marshal pursuant to paragraph (M)(1) of this rule shall submit an application to the fire marshal prior to the first scheduled day of the training program, on a form prescribed by the fire marshal, accompanied by a non-refundable fee established by the fire marshal.

(3) Upon conclusion of any installer training program, the 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 fire marshal pursuant to paragraph (M)(2) of this rule; and

(4) Attendance shall be required at all classroom and hands-on sessions except for valid reasons. The faculty is authorized to determine the validity of absences. Any absentee from any scheduled classroom or hands-on 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 fire marshal, on a form prescribed by the 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 and hands-on session;

(d) Names, addresses, and qualifications of all faculty;

(e) Pre-test and post-test examinations; and

(f) The method of attendance verification;

(6) The fire marshal may amend or require the applicant to modify any aspect of a program prior to certifying the program sponsor.

(7) The 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 paragraphs (M)(5) to (M)(5)(f) of this rule;

(b) The program, as amended by the fire marshal or modified by the applicant pursuant to paragraph (M)(6) of this rule, complies with the requirements of paragraphs (M)(1) to (M)(1)(j) of this rule; and

(c) The instructor for the training program is a certified installer and possesses a valid installer certificate issued by the fire marshal pursuant to paragraph (K)(1) or (L)(3) of this rule.

(8) 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 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 fire marshal pursuant to paragraphs (M)(7) to (M)(7)(c) of this rule and renewals issued by the 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 fire marshal, on a form prescribed by the 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 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 paragraphs (M)(1) to (M)(1)(l) of this rule.

(12) An application to sponsor an installer training program or renewal thereof shall be denied by the 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 fire marshal;

(b) The applicant failed to provide the fee required for application;

(d) The training program submitted by the sponsor is determined by the 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 fire marshal may grant a variance from the timely submittal of a renewal application if the applicant provides good cause as determined by the 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 fire marshal may conduct continuing education training programs for installers. Such programs shall be closely related to those topics listed in paragraphs (M)(1)(a) to (M)(1)(l) of this rule or related technical information.

(2) Any person who wishes to attend a continuing education training program sponsored by the fire marshal pursuant to paragraph (N)(1) of this rule shall submit an application to the fire marshal prior to the first scheduled day of the training program, on a form prescribed by the fire marshal, accompanied by a non-refundable fee established by the fire marshal. .

(3) Upon conclusion of any continuing education training program, the 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 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 fire marshal, on a form prescribed by the 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 and hands-on session;

(d) Names, addresses, and qualifications of all faculty; and

(e) The method of attendance verification.

(5) The fire marshal may amend or require the applicant to modify any aspect of a program prior to certifying the program sponsor.

(6) The 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 paragraphs (N)(4) to (N)(4)(e) of this rule;

(b) The program, as amended by the fire marshal or modified by the applicant pursuant to paragraph (N)(5) of this rule, is closely related to those topics listed in paragraphs (M)(1)(a) to (M)(1)(l) of this rule; and

(c) The person is a certified installer and possesses a valid installer certificate issued by the fire marshal pursuant to paragraph (K)(1) or (L)(3) of this rule.

(7) The 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 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 fire marshal-approved continuing education credit earned by the person attending the program. The certified person shall submit to the fire marshal a list of all persons receiving a certificate of attendance which indicates the number of hours of fire marshal-approved continuing education credit earned by each person who received a certificate.

(9) Certifications issued by the fire marshal pursuant to paragraphs (N)(6) to (N)(6)(c) of this rule and renewals issued by the 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 fire marshal, on a form prescribed by the 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 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 paragraphs (M)(1)(a) to (M)(1)(l) of this rule.

(11) An application to sponsor an installer training program or renewal shall be denied by the 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 fire marshal;

(b) The applicant failed to provide the fee required for application;

(d) The training program submitted by the sponsor is determined by the 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 fire marshal may grant a variance from the timely submittal of renewal applications if the applicant provides good cause as determined by the 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 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)(3) of this rule;

(5) The installer interfered with or obstructed a certified UST inspector or an employee of the 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 fire marshal pursuant to paragraph (H)(4) of this rule; or

(7) The training program offered by the sponsor is determined by the fire marshal to not comply with a provision of paragraphs (M) to (M)(11) or (N) to (N)(10) of this rule.

Effective: 12/31/2005

R.C. 119.032 review dates: 09/12/2005 and 12/31/2010

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

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 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 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.A. 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) through (H) of this rule. The owner and operator shall comply with the entire rule.

(2) Nothing in this rule shall be construed as prohibiting any fire official from enforcing any provisions of the “Ohio Fire Code” relating to UST systems out-of-service for more than twelve months without approval.

(3) In carrying out any activity under this rule, owners and operators shall comply with the provisions of rule 1301:7-9-13 and 1301:7-9-16 of the Administrative Code.

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)(2) through (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 fire marshal.

(2) All work performed pursuant to paragraph (E)(2) through (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) 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) The applicable requirements of this chapter shall continue to apply, except for the release detection requirements of rule 1301:7-9-07 of the Administrative Code provided the UST system remains empty.

(b) An UST system shall be considered empty when all regulated substances have been removed so that no more than 1 inch of residue, or 0.3 percent by volume of the total capacity of the UST system, remains in the UST system.

(2) 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;

(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 1 inch of residue, or 0.3 percent by volume of the total capacity of the UST system, remains in the UST system; and

(d) An out-of-service permit shall be obtained in accordance with paragraph (C)(1) of rule 1301:7-9-10 of the Administrative Code.

(3) 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)(2)(d) of this rule if all of the following conditions are met:

(a) Written approval is obtained from the 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 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;

(d) The UST system has not been out-of-service for a period exceeding twelve months.

(4) If an UST system is out-of-service for more than twelve months, 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) Immediately place the UST system back into service pursuant to (E)(6) of this rule;

(b) Permanently remove, close-in-place, or perform a change-in-service of the UST system in accordance with this rule; or

(c) Request an extension of the twelve month out-of-service period. Any request for an extension of the out-of-service period shall be submitted in writing prior to the end of the twelve month out-of-service period, or extension thereof, to the 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. The extension request shall include all of the following:

(i) The name and address of the owner(s) of the property where the UST is located and the names and addresses of the UST owners and operators, if available;

(ii) The address of the site where the UST is located;

(iii) The date of the last use of the UST and the amount of additional time being requested; and

(iv) Documentation that the underground metallic components of the UST system that routinely contain regulated substances comply with cathodic protection requirements pursuant to paragraph (B)(1)(b) and paragraph (B)(2)(b)(ii) of rule 1301:7-9-06 of the Administrative Code and that the UST system complies with operational cathodic protection requirements pursuant to paragraph (C) of rule 1301:7-9-08 of the Administrative Code.

(5) The twelve month out-of-service period shall be extended until the 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 extension request.

(a) The extension request shall be approved at the discretion of the 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 provided that, at a minimum, adequate documentation has been provided demonstrating that the UST system meets cathodic protection requirements pursuant to paragraph (E)(4)(c)(iv) of this rule.

(b) If the extension request is denied, the twelve month out-of-service period shall be extended for sixty days from the date of the denial of the extension request, at which time the twelve month out-of-service period shall end and the UST system shall be removed, closed-in-place, or undergo a change-in-service in accordance with this rule.

(c) Prior to the end of any extension of the twelve month out-of-service period, the UST system shall be placed back into service, removed, closed-in-place, or undergo a change-in-service in accordance with this rule unless an additional extension of the twelve month out-of-service period is requested in accordance with paragraph (E)(4)(c) of this rule and granted pursuant to paragraph (E)(5)(a) of this rule.

(d) A variance from the timely submittal of a request for an extension of the twelve month out-of-service period may be granted provided that the person making the request demonstrates good cause as determined by the 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.

(6) Not withstanding paragraph (E)(4) through (E)(5)(d) of this rule, an UST system that has been out-of-service for more than twelve months may be placed back into service at any time provided that the UST system meets the following requirements:

(a) The UST system complies with cathodic protection requirements pursuant to paragraph (B)(1)(b) and paragraph (B)(2)(b)(ii) of rule 1301:7-9-06 of the Administrative Code and the UST system complies with operational cathodic protection requirements pursuant to paragraph (C) of rule 1301:7-9-08 of the Administrative Code;

(b) The UST system 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) The UST system is in compliance with registration and financial responsibility requirements defined in rules 1301:7-9-04 and 1301:7-9-05 of the Administrative Code; and

(d) The 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 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 or the fire marshal for jurisdictions where such authority has not been delegated. 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

(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 standard 1604-96; 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 removed 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 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 1604-96; Removal and Disposal of Used 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 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 soils 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 soils to bedrock. Further removal of soils 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 fire marshal; and

(h) Backfill and native soils 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 fire marshal.

Backfill and native soils 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 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 when the UST system, or any portion of the UST system:

(i) Is permanently removed, including removals resulting from modifications;

(ii) Is closed-in-place;

(iii) Undergoes a change-in-service; or

(iv) Is out-of-service for more than twelve months.

(b) For UST systems being assessed in a corrective action program under rule 1301:7-9-13 of the Administrative Code, a closure assessment need not be performed for that portion of the UST system in corrective actions.

(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 permanent removal of UST systems or modification of piping and dispensers 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, elbows, and flex connectors. If the piping run is less than ten feet in length, no sample is required to be collected;

(iv) Underneath each dispensing unit. If the dispensing unit is located directly above the UST, no sample is required to be collected; and

(v) From below any remote fill pipe area located more than ten feet from the UST cavity excavation.

(i) Water in the UST cavity 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 cavity excavation or if upon recharge of water from surrounding soil into the UST cavity 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) The following samples collected for permanent removal of UST systems or modification of piping and dispensers shall be sent to the 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) Soil and water samples for closure-in-place, change-in-service, and UST systems out-of-service for more than twelve months 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 boring and monitoring wells shall be installed and sampled in accordance with paragraphs (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 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 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) through (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 paragraph (I)(2)(b) to (I)(2)(e) of this rule, owners and operators shall obtain approval in writing from the fire marshal for an alternative sampling protocol.

(3) Samples sent to the laboratory for analysis pursuant to paragraphs (I)(2)(d) or (I)(2)(e) of this rule shall be analyzed for the appropriate chemical(s) of concern listed in Table 1 of paragraph (H)(1)(c) of rule 1301:7-9-13 of the Administrative Code and appropriate action levels for those chemical(s) of concern shall be determined as follows:

(a) For UST systems that contained petroleum products classified as analytical group 1, 2, 3, or 4 in paragraph (H)(1)(c) of rule 1301:7-9-13 of the Administrative Code, action levels shall be determined by applying the following information to the action level tables found in paragraph (J)(3) of rule 1301:7-9-13 of the Administrative Code. The most conservative action level values for each chemical of concern shall be used from all applicable tables.

(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 D2488-00 “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, ground water is drinking water, and the depth to ground water is less than fifteen feet or submit site-specific data of actual depth to ground water on the UST site.

(iii) If a water sample is required from the UST cavity excavation pursuant to paragraph (I)(2)(c) of this rule, the analytical results from the water sample shall be compared to the action level table found in paragraph (J)(3)(a) of rule 1301:7-9-13 of the Administrative Code to determine if action is required pursuant to paragraph (I)(4) of this rule.

(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 selected, 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 selected based on their toxicity, mobility, and persistence in the environment. The owner and operator shall consult with and obtain the fire marshal’s approval of all chemical(s) of concern selected 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. The fire marshal shall use the same methodologies and assumptions to determine action levels for chemical(s) of concern as are 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) 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 must be selected, 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 selected based on their toxicity, mobility, and persistence in the environment.

The owners and operators shall consult with and obtain permission from the fire marshal for the appropriate chemical(s) of concern.

(4) If laboratory analytical results obtained for purposes of paragraphs (I)(3)(a) and (I)(3)(b) of this rule exceed the action levels established for the petroleum UST site, owners and operators shall proceed to conduct corrective action in accordance with paragraph (H) of rule 1301:7-9-13 of the Administrative Code. If laboratory analytical results are below all applicable action levels, then no further action is required.

(5) If laboratory analytical results obtained for the purpose of paragraph (I)(3)(c) of this rule indicate the presence of chemical(s) of concern in subsurface soil or ground water on the UST site by a hazardous substance, owners and operators shall proceed to conduct corrective action in accordance with requirements of sections 9003 and 9005 of the “Resource Conservation and Recovery Act of 1976”, 42 U.S.C.A. 6991b and 6991e, as amended. If laboratory analytical results indicate no chemical(s) of concern in subsurface soil or ground water, then no further action is required.

(J) Closure assessment report.

(1) Owners and operators shall submit one copy of the written closure report to the fire marshal, which shall be received by the 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 fire marshal. The closure report shall include a table of contents listing the item and the page in the closure report where said item is located and 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-ofservice.

(v) Unknown;BUSTR;The disposition of the UST system.

(vi) Date of last use, if known.

(i) A description of the amount in cubic yards, the date generated, and the final disposition of any excavated soils or backfill materials. This information shall be included on a form prescribed by the 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 soils 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.

(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 closedin-place or permanently removed.

(ii) A description of the native soils 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 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 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.

HISTORY: Eff 9-1-92; 10-23-92 (Emer.); 1-22-93; 1-19-97; 3-31-99; 7-2-99; 3-1-2005

Promulgated Under: 119.03

Statutory Authority: 3737.88

Rule Amplifies: 3737.88

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 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 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 fire marshal stating their election to conduct corrective actions in accordance with this rule.

(3) Owners and operators conducting corrective actions in accordance with OAC 1301:7-9-13 (effective date September 1, 1992), may continue to conduct corrective actions in accordance with that version until September 1, 2005. Thereafter, owners and operators shall conduct corrective actions in accordance with this rule.

(4) Owners and operators conducting corrective actions in accordance with OAC 1301:7-9-13 (effective date March 31, 1999), may continue to conduct corrective actions in accordance with that version until March 1, 2006. Thereafter, owners and operators shall conduct corrective actions in accordance with this rule.

(5) 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 fire marshal. The fire marshal may grant, modify or deny any extension request at his sole discretion.

(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 or non-transient, non-community 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 a deed restriction or 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 5.0×10-6 centimeters per second.

(13) “Institutional controls” means the restriction on use or access (e.g., engineering controls, environmental covenant, deed or zoning restrictions) 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 dualphase 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 vapors within or along building foundations or other subsurface manmade structures such as building foundations, basements, pedestrian tunnels, utility vaults, sewer lines or in a drinking water well located on an UST site or on property nearby an UST site;

(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) 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; or

(f) The presence of free product discovered in an UST secondary containment system, other than a spill bucket, on an UST site.

(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:

(a) 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;

(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; or

(c) 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, during activities conducted pursuant to OAC 1301:7-9-12 and 1301:7-9-13, and confirmed through laboratory analysis of samples from an UST site.

(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 a release resulting from improper dispensing 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.

(32) “Surrounding area” means an area within two thousand feet of an 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; or

(35) “UST site” means the parcel of property where an UST system is or was formerly located.

(D) Reporting of releases and suspected releases.

(1) Owners and operators shall report a suspected release to the 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 fire marshal and the local fire department within twenty-four hours of discovery by the owners or operators.

(3) Spills or overfills of twenty-five gallons or less, which occur while transferring or attempting to transfer petroleum product into an UST system, that do not reach a surface water body and that are cleaned up to pre-release conditions within twenty-four hours, need not be reported.

(E) 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) If the spill or overfill of petroleum product results in a release into a nearby surface water body or consists of a release to the environment of more than twenty-five gallons of petroleum product, owners and operators shall immediately contain to the extent practicable and immediately clean-up the spill or overfill and 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 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. If the clean-up is not completed within twenty-four hours, owners and operators shall immediately notify the fire marshal and the local fire department and 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-inplace, removed or existing UST system is leaking or has leaked, to identify the source of a release and to determine if a release, above action levels, has occurred.

(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 existing UST systems, owners and operators shall conduct a tightness test within seven days of the discovery of a suspected release in accordance with paragraph (H) of rule 1301:7-9-07 of the Administrative Code. Within twenty-four hours of the receipt of the results, owners and operators shall notify the fire marshal of the results of the test by telephone, electronic mail or facsimile. Within seven days of performing the tightness test, owners and operators shall submit the test results and supporting data, to the fire marshal.

(b) If a release is suspected because of the presence of free product discovered in an UST secondary containment system on an UST site, owners and operators shall:

(i) Demonstrate, within seven days of discovery of free product, that the secondary containment system is tight and has not released petroleum into the environment.

Within twenty-four hours of the receipt of the results, owners and operators shall notify the 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, to the fire marshal, or

(ii) Conduct a Site Check pursuant to paragraph (F)(3) of this rule.

(3) Site Check.

(a) Requirements.

Within 90 days of a failed tightness test, determining that the secondary containment system is not tight, physical discovery as defined in paragraph (C)(20)(a) through (C)(20)(e) or the occurrence of a spill or overfill requiring a Site Check pursuant to paragraph (E) of this rule, 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 submit a written report consistent with the requirements of one of the options described in paragraph (F)(3)(b) of this rule.

(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 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;

(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 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 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 fire marshal to conduct activities pursuant to this option, if any of the conditions in paragraph (F)(3)(b)(ii)(a) through (F)(3)(b)(ii)(g) of this rule exist.

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 paragraph (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 paragraph (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 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 and safety hazards posed by vapors or free product 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 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 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 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 fire marshal.

(2) Immediate Corrective Action Report.

Owners and operators shall submit a written report to the 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;

(d) The type and amount of product released;

(e) A description of an 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, 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 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 to the 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 site map that shows the locations of buildings, structures, utilities and past and present underground storage tank systems;

(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 twentyfour hours, owners and operators shall immediately report the malfunction to the 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 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)(11) of this rule, is no longer present on and off-site for three consecutive months. The fire marshal shall be notified, in writing, within 30 days of termination of free product recovery activities.

(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) for a release defined in paragraph (C)(25) of this rule or to investigate a suspected release pursuant to paragraph (F)(3)(b)(i) of this rule. The Tier 1 Source Investigation shall consist of all of the following:

(1) Source Investigation.

(a) Potential source(s) of a release or suspected release.

Identify the potential source(s) of the release or suspected release. 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) related to the release or suspected release. 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.

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 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 – To obtain the appendix, table, image, etc. please call LSC’s ERF Helpdesk at 614-387-2078 or send an email to erfhelpdesk@lsc.state.oh.us.

(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 paragraph (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 bedrock, the uppermost saturated zone, or fifty feet, whichever shall be encountered first. If bedrock is encountered and 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 ground water. The 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. However, if ground water is known to contain concentrations of chemical(s) of concern, borings shall extend to such ground water;

(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; and

(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 fire marshal may require alternate monitoring well installation protocol.

(e) Ground water samples shall be collected from each monitoring well and analyzed, in a 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 a laboratory, 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)(12) 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-toground 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 – To obtain the appendix, table, image, etc. please call LSC’s ERF Helpdesk at 614-387-2078 or send an email to erfhelpdesk@lsc.state.oh.us.

(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 to the fire marshal either a Tier 1 Evaluation report pursuant to paragraph (H)(3)(b) of this rule or a Tier 1 Delineation Notification pursuant to paragraph (H)(3)(c) of this rule, 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) and (B)(4) 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 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 Delineation Notification and conduct a Tier 1 Delineation pursuant to paragraph (I) of this rule. The Tier 1 Delineation 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

(ii) A site map showing 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

(iii) Attachments that include:

(a) Laboratory analytical sheets, including the chain-of-custody form(s);

(b) Soil boring logs/monitoring well construction diagrams; and

(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 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 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;

(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 fire marshal within fortyfive 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 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)(5) 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) A 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 site.

(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 300 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 300 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

(vi) No potable wells are located within 300 feet of the UST site based on a physical survey and 100 percent of the properties within 300 feet of the UST site area 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-toground 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 to the 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 1301:7-9-12 of the Administrative Code; or

(iv) Conducting corrective action activities pursuant to paragraph (B)(3) and (B)(4) 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 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;

(D) Depth at which saturated conditions were first encountered during drilling and the depth of the static water level; and

(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.

(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-ofcasing 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; and

(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.

(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).

(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 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;

(iii) Conduct a Tier 2 Evaluation pursuant to paragraph (L) of this rule; or

(iv) 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, 2, 3 table – To obtain the appendix, table, image, etc. please call LSC’s ERF Helpdesk at 614-387-2078 or send an email to erfhelpdesk@lsc.state.oh.us.

(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, 2, 3 table – To obtain the appendix, table, image, etc. please call LSC’s ERF Helpdesk at 614-387-2078 or send an email to erfhelpdesk@lsc.state.oh.us.

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, 2, 3 tables – To obtain the appendix, table, image, etc. please call LSC’s ERF Helpdesk at 614-387-2078 or send an email to erfhelpdesk@lsc.state.oh.us.

(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 1×10-05 (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 1.

(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 Actions 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 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 removed, 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; and

(f) A proposed sampling and analysis plan.

(3) Prior approval of an interim response action shall be obtained from the 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

(4) A report summarizing the Interim Response Action(s) shall be submitted to the 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 fire marshal;

(b) Copies of laboratory data sheets and chain-of-custody form(s);

(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; and

(g) A discussion of soil and ground water disposal techniques.

(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 sitespecific target levels using spreadsheets and models approved by the 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 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 offsite 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, owners or operators shall submit notice to the fire marshal within forty-five days after determining off-site access cannot be obtained. The notice shall describe the efforts taken by the owners or 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 requested by the 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 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 fire marshal in accordance with sections 5301.80 through 5301.92 of the Revised Code, or implement a deed restriction as approved by the fire marshal.

(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 nonresidential 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 paragraph (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

(vi) Aquatic life and recreational receptors in a surface water body located within 300 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.

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, a deed restriction, or an environmental covenant with the fire marshal;

(v) Points of exposure are eliminated by land use restrictions enforceable by a local government and/or regulatory agency, a deed restriction, or an environmental covenant with the 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.

Where points of exposure are eliminated based on a land use restriction, owners and operators shall enter into an environmental covenant with the fire marshal in accordance with sections 5301.80 through 5301.92 of the Revised Code or implement a deed restriction as approved by the fire marshal 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 fire marshal in accordance with sections 5301.80 through 5301.92 of the Revised Code or implement a deed restriction as approved by the fire marshal 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 300 feet of the UST site;

(iv) The property line, unless one of the following can be demonstrated:

(A) No potable wells are located within 300 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 within 300 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;

(C) No potable wells are located within 300 feet of the UST site based on a physical survey and 100 percent of the properties within 300 feet of the UST site are connected to a municipal water source or a municipal source is readily available; or

(D) A roadway or railroad separates the source from the down gradient property where a well could be installed, in which case the point of exposure shall be the property line of that property.

(v) If a point of exposure has not been identified in paragraph (L)(4)(b)(i)(a)(i) through (L)(4)(b)(i)(a)(iv) of this rule, the point of exposure shall be 300 feet from the source area(s) or an alternate point of exposure approved by the fire marshal; or

(vi) Not withstanding paragraph (L)(4(b)(i)(a)(i) through (L)(4(b)(i)(a)(v) , the 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 300 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 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 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 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 nondefault input data shall be representative of the UST site conditions.

(c) Proper documentation of the modeling work shall be prepared and submitted to the 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 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 fire marshal in accordance with sections 5301.80 through 5301.92 of the Revised Code or implement a deed restriction as approved by the fire marshal 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 fire marshal in accordance with sections 5301.80 through 5301.92 of the Revised Code or implement a deed restriction as approved by the fire marshal 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 fire marshal will evaluate the submitted information for completeness. 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 sitespecific target levels, then no further evaluation is necessary for that chemical of concern and for the corr