Chapter 1301:7-9 Underground Storage Tanks

1301:7-9-01 [Effective until 9/1/2017] Applicability.

(A) For the purpose of prescribing rules pursuant to section 3737.02 and section 3737.882 of the Revised Code, the state fire marshal hereby adopts this chapter in accordance with Chapter 119. of the Revised Code to implement the underground storage tank program and corrective action program for releases from underground petroleum storage tanks. This rule is adopted by the state fire marshal in accordance with Chapter 119. of the Revised Code and shall not be considered a part of the "Ohio Fire Code."

(B) Nothing in this chapter shall exempt owners and operators of underground storage tank systems from complying with any other applicable federal, state or local laws and regulations, including but not limited to the "Ohio Fire Code" as the term is defined paragraph (A)(1) of rule 1301:7-7-01 of the Administrative Code or the "Ohio Building Code" as the term is defined in paragraph 101.1 of rule 4101:1-1-01 of the Administrative Code. If the provisions of the "Ohio Fire Code" address similar requirements or are in conflict with the requirements of this chapter, then the provisions of this chapter shall apply.

(C) The following underground storage tank systems are exempt from the requirements of this chapter:

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

(2) Any wastewater treatment tank system that is part of a wastewater treatment facility regulated under section 402 or 307(b) of the federal Water Pollution Control Act ( 33 U.S.C. 1251 to 1274 , as amended through January 7, 2011);

(3) Equipment or machinery that contains regulated substances for operational purposes such as hydraulic lift tanks and electrical equipment tanks;

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

(5) Any UST system containing a de minimus concentration of regulated substances; and

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

(D) Notwithstanding paragraphs (A)(1) to (A)(5) of rule 1301:7-9-06 of the Administrative Code , no owner or operator shall install an UST system listed in paragraphs (A)(1) to (A)(5) of rule 1301:7-9-06 of the Administrative Code for the purpose of storing a regulated substance unless the UST system complies with all of the following:

(1) The UST system is installed and constructed in such a manner so as to prevent releases of the regulated substance due to corrosion or structural failure for the operational life of the UST system;

(2) The UST system is cathodically protected against corrosion, constructed of noncorrodible material, steel clad with a noncorrodible material, or designed in a manner to prevent a release or threatened release of any stored substance; and

(3) Is constructed or lined with material that is compatible with the stored substance.

Cite as Ohio Admin. Code 1301:7-9-01

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

1301:7-9-01 [Effective 9/1/2017] Applicability.

(A) For the purpose of prescribing rules pursuant to section 3737.02 and section 3737.882 of the Revised Code, the state fire marshal hereby adopts this chapter in accordance with Chapter 119. of the Revised Code to implement the underground storage tank program and corrective action program for releases from underground petroleum storage tanks. This rule is adopted by the state fire marshal in accordance with Chapter 119. of the Revised Code and shall not be considered a part of the "Ohio Fire Code."

(B) Nothing in this chapter shall exempt owners and operators of underground storage tank systems from complying with any other applicable federal, state or local laws and regulations, including but not limited to the "Ohio Fire Code" as the term is defined paragraph (A)(1) of rule 1301:7-7-01 of the Administrative Code or the "Ohio Building Code" as the term is defined in paragraph 101.1 of rule 4101:1-1-01 of the Administrative Code. If the provisions of the "Ohio Fire Code" address similar requirements or are in conflict with the requirements of this chapter, then the provisions of this chapter shall apply.

(C) Airport hydrant fuel distribution systems, underground storage tank (UST) systems with field constructed tanks, and UST systems that store fuel solely for use by emergency generator systems that were previously deferred from parts of this chapter shall meet the following requirements of this chapter:

(1) Airport hydrant fuel distribution systems and UST systems with field constructed tanks that were installed before the effective date of this rule shall comply with the following:

(a) Upon the effective date of this rule, the requirements identified in rules 1301:7-9-12 and 1301:7-9-13 of the Administrative Code;

(b) Within ninety days of the effective date of this rule, the requirements identified in rules 1301:7-9-04 and 1301:7-9-05 of the Administrative Code; and

(c) By October 13, 2018, the requirements identified in rules 1301:7-9-06, 1301:7-9-07, and 1301:7-9-19 of the Administrative Code;

(2) Airport hydrant fuel distribution systems and UST systems with field constructed tanks that were installed on or after the effective date of this rule shall meet the requirements of this chapter;

(3) UST systems that store fuel solely for use by emergency generator systems that were installed before May 16, 2011, shall meet the requirements of this chapter, except that the release detection requirements of paragraph (C)(5) of rule 1301:7-9-07 of the Administrative Code shall be met by October 13, 2018; and

(4) UST systems that store fuel solely for use by emergency generator systems that were installed on or after May 16, 2011, shall meet the requirements of this chapter.

(D) The following underground storage tank systems are exempt from the requirements of this chapter:

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

(2) Any wastewater treatment tank system that is part of a wastewater treatment facility regulated under section 402 or 307(b) of the federal Water Pollution Control Act (33 U.S.C.A. 1251 to 1274, as amended through January 16, 2014);

(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 minimis concentration of regulated substances; and

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

(E) The following storage tank systems are partially excluded from this chapter; however, the storage tank systems shall meet the requirements of this rule and of rule 1301:7-9-13 of the Administrative Code:

(1) Wastewater treatment tank systems that are not 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 et seq., as amended through January 16, 2014);

(2) Aboveground storage tanks associated with:

(a) Airport hydrant fuel distribution systems referenced under paragraph (F) of rule 1301:7-9-06 and paragraph (H) of rule 1301:7-9-07 of the Administrative Code; or

(b) UST systems with field-constructed tanks referenced under paragraph (F) of rule 1301:7-9-06 and paragraph (H) of rule 1301:7-9-07 of the Administrative Code;

(3) UST systems containing radioactive material that are regulated under the Atomic Energy Act of 1954 (42 U.S.C.A. 2011 et seq., as amended through January 16, 2014); and

(4) UST systems that are part of an emergency generator system at nuclear power generation facilities licensed by the nuclear regulatory commission and subject to nuclear regulatory commission requirements regarding design and quality criteria, including but not limited to 10 C.F.R. part 50.

(F) No owner or operator shall install an UST system listed in paragraph (E)(1), (E)(3), or (E)(4) of this rule 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.

(G) Where any provision in this chapter creates a duty of compliance for an owner and operator, and the owner and operator are separate persons, compliance may be attained by either person. In the event of noncompliance, both are liable.

Cite as Ohio Admin. Code 1301:7-9-01

Effective: 9/1/2017
Five Year Review (FYR) Dates: 05/17/2017 and 07/31/2022
Promulgated Under: 119.03
Statutory Authority: 3737.88
Rule Amplifies: 3737.88
Prior Effective Dates: 11/5/90, 1/22/93, 3/1/05, 7/1/12

1301:7-9-02 [Effective until 9/1/2017] Definitions.

(A) Purpose.

For the purpose of prescribing rules pursuant to sections 3737.88 to 3737.882 of the Revised Code, the state fire marshal hereby adopts this rule to establish definitions of words and phrases related to underground storage tanks. This rule is adopted by the state fire marshal in accordance with Chapter 119. of the Revised Code and shall not be considered a part of the "Ohio Fire Code."

(B) Definitions.

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

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

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

(b) Ohio environmental protection agency voluntary action program;

(c) National environmental laboratory accreditation program;

(d) American association of laboratory accreditation; or,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(b) One of the following has occurred:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(c) Piping components that routinely contain regulated substances ;

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

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

(f) UST lining components; and

(g) Release detection systems.

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

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

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

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

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

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

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

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

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

(41) "Owner" means:

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

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

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

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

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

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

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

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

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

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

(49) "Regulated substance" means:

(a) Any hazardous substance; and

(b) Petroleum.

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

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

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

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

(a) Drop tubes;

(b) Overfill containment devices;

(c) Spill prevention equipment;

(d) Fill caps and adapters;

(e) Cathodic protection components;

(f) Stage one vapor recovery components;

(g) Submersible pump components ;

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

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

(j) Shear valves.

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

(55) "Spill" means;

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

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

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

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

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

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

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

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

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

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

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

The term does not include any of the following:

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

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

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

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

(e) Storm or waste water collection systems;

(f) Flow-through process tanks;

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

(h) Septic tanks;

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

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

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

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

Cite as Ohio Admin. Code 1301:7-9-02

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

1301:7-9-02 [Effective 9/1/2017] Definitions.

(A) Purpose.

For the purpose of prescribing rules pursuant to sections 3737.88 to 3737.883 of the Revised Code, the state fire marshal hereby adopts this rule to establish definitions of words and phrases related to underground storage tanks. This rule is adopted by the state fire marshal in accordance with Chapter 119. of the Revised Code and shall not be considered a part of the "Ohio Fire Code."

(B) Definitions.

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

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

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

(b) Ohio environmental protection agency voluntary action program;

(c) National environmental laboratory accreditation program;

(d) American association of laboratory accreditation; or,

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

(2) "Airport hydrant fuel distribution system (also called airport hydrant system)" means an UST system which fuels aircraft and operates under high pressure with large diameter piping that typically terminates into one or more hydrants (fill stands). The airport hydrant system begins where fuel enters one or more tanks from an external source such as a pipeline, barge, rail car, or other motor fuel carrier.

(3) "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.

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

(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 state 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 state 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) "Change of product" means a change in the substances stored in the UST system from one regulated substance to another regulated substance containing greater than ten percent ethanol or containing greater than twenty per cent biodiesel.

(11) "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.

(12) "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.

(13) "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.

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

(15) "Containment sump" means a liquid-tight container that protects the environment by containing leaks and spills of regulated substances from piping, dispensers, pumps and related components in the containment area. Containment sumps may be single walled or secondarily contained and located at the top of tank (tank top or submersible turbine pump sump), underneath the dispenser (under-dispenser containment sump), or at other points in the piping run (transition or intermediate sump).

(16) "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 groundwater, surface water, soils, and subsurface material and to address the residual effects of a release after the initial corrective action is taken.

(17) "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.

(18) "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.

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

(20) "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.

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

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

(b) One of the following has occurred:

(i) 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.

(22) "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.

(23) "Field-constructed tank" means an UST constructed on site in the field, such as an UST constructed of concrete that is poured in the field, or a steel or fiberglass UST primarily fabricated in the field.

(24) "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.

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

(26) "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.

(27) "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.

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

(29) "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.

(30) "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.

(31) "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.

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

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

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

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

(b) Containment sumps located over USTs, under dispensers, or at intermediate points ;

(c) Piping components that routinely contain regulated substances;

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

(e) Flexible connector lines ;

(f) UST system lining components;

(g) Release detection systems; and

(h) Shear valves (any portion).

(35) "Motor fuel" means a complex blend of hydrocarbons typically used in the operation of a motor engine, such as motor gasoline, aviation gasoline, racing fuel, No. 1 or No. 2 diesel fuel, or any blend containing one or more of these substances (for example, motor gasoline blended with alcohol.).

(36) "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.

(37) "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.

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

(39) "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.

(40) "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.

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

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

(43) "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.

(44) "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.

(45) "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.

(46) "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.

(47) "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 14.7 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.

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

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

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

(51) "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.

(52) "Regulated substance" means:

(a) Any hazardous substance; and

(b) Petroleum.

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

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

(55) "Residential tank" is a tank located on property used primarily for dwelling purposes such as homes, apartments, nursing homes, and assisted living facilities.

(56) "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 prevention devices;

(c) Spill prevention equipment;

(d) Fill caps and adapters;

(e) Cathodic protection components;

(f) Stage one vapor recovery components;

(g) Submersible pump components; and

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

(57) "Secondary containment" or "secondarily contained" means a release prevention and release detection system for an UST or piping. This system has an inner and outer barrier with an interstitial space that is monitored for leaks. This term includes containment sumps when used for interstitial monitoring of piping.

(58) "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.

(59) "Sole source aquifer" means any aquifer which has been so designated by the administrator of the United States environmental protection agency pursuant to section 1424(e) of the Safe Drinking Water Act (42 U.S.C.A. 300h, as amended through January 16, 2014).

(60) "Spill" means;

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

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

(61) "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.

(62) "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.

(63) "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.

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

(65) "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.

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

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

(68) "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.

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

The term does not include any of the following:

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

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

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

(e) Storm or waste water collection systems;

(f) Flow-through process tanks;

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

(h) Septic tanks;

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

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

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

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

Cite as Ohio Admin. Code 1301:7-9-02

Effective: 9/1/2017
Five Year Review (FYR) Dates: 05/17/2017 and 07/31/2022
Promulgated Under: 119.03
Statutory Authority: 3737.88
Rule Amplifies: 3737.88
Prior Effective Dates: 5/9/88, 3/1/05, 12/31/05, 7/1/12

1301:7-9-03 [Effective until 9/1/2017] Reporting requirements for hazardous substances and list of hazardous substances.

(A) Purpose.

For the purpose of prescribing rules pursuant to section 3737.88 of the Revised Code, the fire marshal hereby adopts this rule to establish reporting requirements for underground storage tank systems that contain hazardous substance(s) and to list those substances which are hereby identified as hazardous substances. This rule is adopted by the fire marshal in accordance with Chapter 119. of the Revised Code and shall not be considered a part of the "Ohio Fire Code".

(B) Definitions.

For the purpose of this rule:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Cite as Ohio Admin. Code 1301:7-9-03

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

1301:7-9-03 [Effective 9/1/2017] 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 state fire marshal hereby adopts this rule to establish reporting requirements for underground storage tank systems that contain hazardous substances and to list those substances which are hereby identified as hazardous substances. This rule is adopted by the state fire marshal in accordance with Chapter 119. of the Revised Code and shall not be considered a part of the "Ohio Fire Code".

(B) 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 from an underground storage tank system into the groundwater, a surface water body, subsurface soils or otherwise into the environment;

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

(c) Contamination of subsurface soils or groundwater on the UST site by a hazardous substance 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 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 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 dispensing equipment, the sudden loss of hazardous substances from the UST system or an unexplained presence of water in the tank.

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

(f) The presence of hazardous substances 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; or

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

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

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

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

(E) 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. Entries on the table written in all capital letters represent generic categories and any substance that belongs to such a category, whether listed individually or not, is considered to be a hazardous substance.

Acenaphthene

83329

Acenaphthylene

208968

Acetaldehyde

75070

Acetaldehyde, chloro

107200

Acetaldehyde, trichloro

75876

Acetamide

60355

Acetamide, N- (aminothioxomethyl)-

591082

Acetamide, N- (4-ethoxyphenyl)-

62442

Acetamide, N-9H-fluoren-2-yl-

53963

Acetamide, 2-fluoro-

640197

Acetic acid

64197

Acetic acid, ethyl ester

141786

Acetic acid, fluoro-, sodium salt

62748

Acetic acid, lead salt

301042

Acetic acid, thalium(l) salt

563688

Acetic anhydride

108247

Acetimidic acid, N-(methylcarbomoyl) oxy] thio, methyl ester

16752775

Acetone

67641

Acetone cyanohydrin

75865

Acetonitrile

75058

3-(alpha-Acetonylbenzyl)-4- hydroxycoumarin and salts

81812

Acetophenone

98862

2-Acetylaminofluorene

53963

Acetyl bromide

506967

Acetyl chloride

75365

1-Acetyl-2-thiourea

591082

Acrolein

107028

Acrylamide

79061

Acrylic acid

79107

Acrylonitrile

107131

Adipic acid

124049

Alanine, 3-[p-bis(2-chloroethyl)amino] phenyl-,L-

148823

Aldicarb

116063

Aldrin

309002

Allyl alcohol

107186

Allyl chloride

107051

Aluminum phosphide

20859738

Aluminum sulfate

10043013

4-Aminobiphenyl

92671

5-(Aminomethyl)-3-isoxazolol

2763964

4-Aminopyridine

504245

Amitrole

61825

Ammonia

7664417

Ammonium acetate

631618

Ammonium benzoate

1863634

Ammonium bicarbonate

1066337

Ammonium bichromate

7789095

Ammonium biflouride

1341497

Ammonium bisulfite

10192300

Ammonium carbamate

1111780

Ammonium carbonate

506876

Ammonium chloride

12125029

Ammonium chromate

7788989

Ammonium citrate, dibasic

3012655

Ammonium fluoborate

13826830

Ammonium fluoride

12125018

Ammonium hydroxide

1336216

Ammonium oxalate

6009707

  

5972736

  

14258492

Ammonium picrate

131748

Ammonium silcofluoride

16919190

Ammonium sulfamate

7773060

Ammonium sulfide

12135761

Ammonium sulfite

10196040

Ammonium tartrate

14307438

  

3164292

Ammonium thiocyanate

1762954

Ammonium vanadate

7803556

Amyl acetate

628637

iso-

123922

sec-

626380

tert-

625161

Aniline

62533

o-Anisidine

90040

Anthracene

120127

Antimony

7440360

ANTIMONY& COMPOUNDS

  

Antimony pentachloride

7647189

Antimony potassium tartrate

28300745

Antimony tribromide

7789619

Antimony trichloride

10025919

Antimony trifluoride

7783564

Antimony trioxide

1309644

Aroclor 1016

12674112

Aroclor 1221

11104282

Aroclor 1232

11141165

Aroclor 1242

53469219

Aroclor 1248

12672296

Aroclor 1254

11097691

Aroclor 1260

11096825

Arsenic

7440382

Arsenic acid

1327522

  

7778394

ARSENIC & COMPOUNDS

  

Arsenic disulfide

1303328

Arsenic (III) oxide

1327533

Arsenic (V) oxide

1303282

Arsenic pentoxide

1303282

Arsenic trichloride

7784341

Arsenic trioxide

1327533

Arsenic trisulfide

1303339

Arsine, diethyl-

692422

Asbestos

1332214

Auramine

492808

Azaserine

115026

Aziridine

151564

Azirino (2',3':3,4) pyrrolo(1,2-a)indole-4,7-dione,6-amino-8-[((aminocarbonyl) oxy)methyl] -1,1a,2,8,8a,8b-hexahydro-8a-methoxy-5-methyl-

50077

Barium cyanide

542621

Benz(j)aceanthrylene, 1,2 dihydro-3-methyl

56495

Benz(c)acridine

225514

3,4-Benzacridine

225514

Benzal chloride

98873

Benz(a)anthracene

56553

1,2-Benzanthracene

56553

1,2-Benzanthracene, 7,12-dimethyl-

57976

Benzenamine

62533

Benzenamine, 4,4'-carbonimidoylbis(N,N-dimethyl-

492808

Benzenamine, 4-chloro-

106478

Benzenamine, 4-chloro-2-methyl-hydrochloride

3165933

Benzenamine, N,N-dimethyl-4-phenylazo

60117

Benzenamine, 4,4'-methyl-enebis(2-chloro-)

101144

Benzenamine, 2-methyl-, hydrochloride

636215

Benzenamine, 2-methyl-5-nitro-

99558

Benzenamine, 4-nitro-

100016

Benzene

71432

Benzene, 1-bromo-4-phenoxy-

101553

Benzene chloro-

108907

Benzene, chloromethyl-

100447

Benzene, 1,2-dichloro-

95501

Benzene, 1,3-dichloro-

541731

Benzene, 1,4-dichloro-

106467

Benzene, dichloromethyl-

98873

Benzene, 2,4-diisocyanatomethyl

584849

  

91087

  

26471625

Benzene, dimethyl

1330207

m-

108383

o-

95476

p-

106423

Benzene, hexachloro-

118741

Benzene, hexahydro-

110827

Benzene, hydroxy-

108952

Benzene, methyl-

108883

Benzene, 1-methyl-2,4-dinitro-

121142

Benzene, 1-methyl-2,6-dinitro-

606202

Benzene, 1,2-methylenedioxy-4-allyl-

94597

Benzene, 1,2-methylenedioxy-4-propenyl-

120581

Benzene, 1,2-methylenedioxy-4-propyl-

94586

Benzene, 1-methylethyl-

98828

Benzene, nitro-

98953

Benzene, pentachloro-

608935

Benzene, pentachloronitro-

82688

Benzene, 1,2,4,5-tetrachloro-

95943

Benzene, trichloromethyl

98077

Benzene, 1,3,5-trinitro-

99354

Benzeneacetic acid, 4-chloro-alpha (4-chloro phenyl)-alpha-hydroxy-, ethyl ester

510156

1,2-Benzenedicarboxylic acid anhydride

85449

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

117817

1,2-Benzenedicarboxylic acid, dibutyl ester

84742

1,2-Benzenedicarboxylic acid, diethyl ester

84662

1,2 Benzenedicarboxylic acid, dimethyl ester

131113

1,2-Benzenedicarboxylic acid, di-n-octyl ester

117840

1,3-Benzenediol

108463

1,2-Benzenediol, 4-[1-hydroxy-2-(methylamino) ethyl]

51434

Benzenesulfonic acid chloride

98099

Benzenesulfonyl chloride

98099

Benzenethiol

108985

Benzidine

92875

Benzo(a)anthracene

56553

Benzo(b)fluoranthene

205992

Benzo(k)fluoranthene

207089

Benzo(j,k)fluorene

206440

1,3-Benzodioxol-4-ol,2,2-dimethyl-, (Bendiocarb phenol)

22961826

1,3-Benzodioxol-4-ol,2,2-dimethyl-, methyl carbamate (Bendiocarb)

22781233

7-Benzofuranol,2,3-dihydro-2,2-dimethyl-(Carbonfuran phenol)

1563388

Benzoic acid

65850

Benzoic acid, 2-hydroxy-, compd. with (3aS-cis)-1,2,3,3a,8,8a-hexahydro-1,3a,8-trimethylpyrrolo [2,3-b] indol-5-yl methly-carbamate ester (1:1) (Physostigmine salicylate)

57647

Benzonitrile

100470

Benzo(ghi)perylene

191242

Benzo(a)pyrene

50328

3,4-Benzopyrene

50328

p-Benzoquinone

106514

Benzotrichloride

98077

Benzoyl chloride

98884

1,2-Benzphenanthrene

218019

Benzyl chloride

100447

Beryllium

7440417

BERYLLIUM & COMPOUNDS

  

Beryllium chloride

7787475

Beryllium dust

7440417

Beryllium fluoride

7787497

Beryllium nitrate

13597994

  

7787555

alpha - BHC

319846

beta - BHC

319857

gamma - BHC

58899

delta - BHC

319868

2,2'-Bioxirane

1464535

Biphenyl

92524

(1,1'-Biphenyl)-4,4' diamine

92875

(1,1'-Biphenyl)-4,4' diamine, 3,3' dichloro-

91941

(1,1'-Bipheynl)-4,4' diamine, 3,3'- dimethoxy-

119904

(1,1'-Biphenyl)-4,4'- diamine, 3,3'- dimethyl-

119937

Bis(2-chloroethoxy) methane

111911

Bis(2-cloroethyl) ether

111444

Bis(2-chloroisopropyl) ether

108601

Bis(chloromethyl) ether

542881

Bis(dimethylthiocarbamoyl) disulfide

137268

Bis(2-ethylhexyl) phthalate

117817

Bromine cyanide

506683

Bromoacetone

598312

Bromoform

75252

4-Bromophenyl phenyl ether

101553

Brucine

357573

1,3-Butadiene

106990

1,3-Butadiene, 1,1,2,3,4-hexachloro-1

87683

Butanamine, N-butyl-N-nitroso

924163

Butanoic acid, 4-[bis(2-chloroethyl)amino] benzene

305033

1-Butanol

71363

2-Butanone

78933

2-Butanone peroxide

1338234

2-Butenal

123739

  

4170303

2-Butene, 1,4-dichloro-

764410

Butyl acetate

123864

iso-

110190

sec-

105464

tert-

540885

n-Butyl alcohol

71363

Butylamine

109739

iso-

78819

sec-

513495

sec-

13952846

tert-

75649

Butyl benzyl phthalate

85687

n-Butyl phthalate

84742

Butyric acid

107926

iso-

79312

Cacodylic acid

75605

Cadmium

7440439

Cadmium acetate

543908

CADMIUM & COMPOUNDS

  

Cadmium bromide

7789426

Cadmium chloride

10108642

Calcium arsenate

7778441

Calcium arsenite

52740166

Calcium carbide

75207

Calcium chromate

13765190

Calcium cyanamide

156627

Calcium cyanide

592018

Calcium dodecylbenzene sulfonate

26264062

Calcium hypochlorite

7778543

Camphene, octachloro-

8001352

Captan

133062

Carbamic acid, ethyl ester

51796

Carbamic acid, methylnitroso, ethyl ester

615532

Carbamic acid, [1-[(butylamino) carbonyl] -1H-benzimidazol-2-yl, methyl ester (Benomyl)

17804352

Carbamic acid, (3-chlorophenyl)-, 4-chloro-2-butynyl ester (Barban)

101279

Carbamic acid, [(dibutylamino)thio]methyl-, 2,3-dihydro-2,2-dimethyl-7-benzofuranyl ester (Carbosulfan)

55285148

Carbamic acid, dimethyl-,1-[dimethylamino)carbonyl] -5-methyl-1H-pyrazol-3-yl ester (Dimetilan)

644644

Carbamic acid, dimethyl-, 3-methyl-1-(1-methylethyl)-1H-pyrazol-5-yl ester (Isolan)

119380

Carbamic acid, 1H-benzimidazol-2-yl, methyl ester (Carbendazim)

10605217

Carbamic acid, methyl-,3-methylethyl ester (Metolcarb)

1129415

Carbamic acid, phenyl-, 1-methylphenyl ester (Propham)

122429

Carbamic acid, [1,2-phenylenebis (iminocarbonothioyl)] bis-, 23564058 di-methyl ester (Thiophanate-methyl)

Carbamide, N-ethyl-N-nitroso-

759739

Carbamide, N-methyl-N-nitroso-

684935

Carbamide, thio-

62566

Carbamimidoselenoic acid

630104

Carbamoyl chloride, dimethyl-

79447

Carbamothioic acid, bis(1-methylethyl)-, S-(2,3,3-trichloro-2-propenyl) ester (Triallate)

2303175

Carbamothioic acid, dipropyl-, S-(phenylmethyl) ester (Prosulfocarb)

52888809

Carbaryl

63252

Carbofuran

1563662

Carbon bisulfide

75150

Carbon disulfide

75150

Carbonic acid, dithalium (I) salt

6533739

Carbonochloridic acid, methyl ester

79221

Carbon oxyfluoride

353504

Carbon tetrachloride

56235

Carbonyl chloride

75445

Carbonyl fluoride

353504

Carbonyl sulfide

463581

Catechol

120809

Chloral

75876

Chloramben

133904

Chlorambucil

305033

CHLORDANE (TECHNICAL MIXTURE AND METABOLITES)

Chlordane

57749

Chlordane, technical

57749

CHLORINATED BENZENES

  

CHLORINATED ETHANES

  

CHLORINATED NAPHTHALENE

  

CHLORINATED PHENOLS

  

Chlorine

7782505

Chlorine cyanide

506774

Chlornaphazine

494031

Chloroacetaldehyde

107200

Chloroacetic acid

79118

CHLOROALKYL ETHERS

  

p-Chloroaniline

106478

Chlorobenzene

108907

4-Chloro-m-cresol

59507

p-Chloro-m-cresol

59507

Chlorodibromomethane

124481

1-Chloro-2,3-epoxypropane

106898

Chloroethane

75003

2-Chloroethyl vinyl ether

110758

Chloroform

67663

Chloromethyl methyl ether

107302

beta-Chloronaphthalene

91587

2-Chloronaphthalene

91587

2-Chlorophenol

95578

o-Chlorophenol

95578

4-Chlorophenyl phenyl ether

70057232

1-(o-Chlorophenyl) thiourea

5344821

Chloroprene

126998

3-Chloropropionitrile

542767

Chlorosulfonic acid

7790945

4-Chloro-o-toluidine, hydrochloride

3165933

Chlorpyrifos

2921882

Chromic acetate

1066304

Chromic acid

11115745

  

7738945

Chromic acid, calcium salt

13765190

Chromic sulfate

10101538

Chromium

7440473

CHROMIUM AND COMPOUNDS

  

Chromous chloride

10049055

Chrysene

218019

Cobaltous bromide

7789437

Cobaltous formate

544183

Cobaltous sulfamate

14017415

Coke Oven Emissions

N.A.

Copper

7440508

COPPER AND COMPOUNDS

  

Copper Cyanide

544923

Coumaphos

56724

Creosote

8001589

Cresol(s)

1319773

m-

108394

o-

95487

p-

106445

Cresylic acid

1319773

m-

108394

o-

95487

p-

106445

Crotonaldehyde

123739

  

4170303

Cumene

98828

Cupric acetate

142712

Cupric acetoarsenite

12002038

Cupric chloride

7447394

Cupric nitrate

3251238

Cupric oxalate

5893663

Cupric sulfate

7758987

Cupric sulfate ammoniated

10380297

Cupric tartrate

815827

CYANIDES

  

Cyanides (soluble cyanide salts), not elsewhere specified

57125

Cyanogen

460195

Cyanogen bromide

506683

Cyanogen chloride

506774

1,4-Cyclohexadienedione

106514

Cyclohexane

110827

Cyclohexanone

108941

1,3-Cyclopentadiene,1,2,3,4,5,5-hexachloro-

77474

Cyclophosphamide

50180

2,4-D Esters

94111

  

94791

  

94804

  

1320189

  

1928387

  

1928616

  

1929733

  

2971382

  

25168267

  

53467111

Daunomycin

20830813

DDD

72548

4,4'DDD

72548

DDE

72559

  

3547044

4,4'DDE

72559

DDT

50293

4,4'DDT

50293

DDT AND METABOLITES

  

Decachloroctahydro-1,3,4-metheno-2H-cyclobuta[c,d]-pentalen-2-one

143500

Diallate

2303164

Diamine

302012

Diaminotoluene

95807

  

25376458

  

496720

  

823405

Diazinon

333415

Diazomethane

334883

Dibenz[a,h]anthracene

53703

1,2:5,6-Dibenzanthracene

53703

Dibenzo[a,h]anthracene

53703

Dibenzofuran

132649

1,2:7,8-Dibenzopyrene

189559

Dibenz[a,i]pyrene

189559

1,2-Dibromo-3-chloropropane

96128

Dibutyl phthalate

84742

Di-n-butyl phthalate

84742

Dicamba

1918009

Dichlobenil

1194656

Dichlone

117806

S-(2,3-Dichloroallyl) diisopropyl-thiocarbamate

2303164

3,5-Dichloro-N-(1,1-dimethyl-2-propynyl) benzamide

23950585

Dichlorobenzene (mixed)

25321226

1,2-Dichlorobenzene

95501

1,3-Dichlorobenzene

541731

1,4-Dichlorobenzene

106467

m-Dichlorobenzene

541731

o-Dichlorobenzene

95501

p-Dichlorobenzene

106467

DICHLOROBENZIDINE

  

3,3'-Dichlorobenzidine

91941

Dichlorobromomethane

75274

1,4-Dichloro-2-butene

764410

Dichlorodifluoromethane

75718

Dichlorodiphenyl dichloroethane

72548

Dichlorodiphenyl trichloroethane

50293

1,1-Dichloroethane

75343

1,2-Dichloroethane

107062

1,1-Dichloroethylene

75354

1,2-trans-Dichloroethylene

156605

Dichloroethyl ether

111444

2,4-Dichlorophenol

120832

2,6-Dichlorophenol

87650

Dichlorophenylarsine

696286

Dichloropropane

26638197

1,1-Dichloropropane

78999

1,3-Dichloropropane

142289

1,2-Dichloropropane

78875

Dichloropropane -Dichloropropene (mixture)

8003198

Dichloropropene

26952238

2,3-Dichloropropene

78886

1,3-Dichloropropene

542756

2,2-Dichloropropionic acid

75990

Dichlorvos

62737

Dieldrin

60571

1,2:3,4-Diepoxybutane

1464535

Diethanolamine

111422

Diethylamine

109897

N,N-Diethylaniline

91667

Diethylarsine

692422

1,4-Diethylene dioxide

123911

N,N-Diethylhydrazine

1615801

O,O-Diethyl S-[2-(ethylthio) ethyl]phosphrodithioate

298044

O,O Diethyl S-methyl dithiophosphate

3288582

Diethyl-p-nitrophenyl phosphate

311455

Ddiethyl phthalate

84662

O,O-Diethyl O-pyrazinyl phosphorothioate

297972

Diethylstilbestrol

56531

1,2-Dihydro-3,6-pyridazinedione

123331

Dihydrosafrole

94586

Diisopropyl fluorophosphate

55914

Dimethoate

60515

3,3-Dimethoxybenzidine

119904

Dimethylamine

124403

Dimethylaminoazobenzene

60117

N,N-Dimethylaniline

121697

7,12-Dimethylbenz(a) anthracene

57976

3,3-Dimethylbenzidine

119937

alpha, alpha-Dimethylbenzylhydro peroxide

80159

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

39196184

Dimethylcarbamoyl chloride

79447

Dimethylformamide

68122

1,1-Dimethylhydrazine

57147

1,2-Dimethylhydrazine

540738

O,O-Dimethyl O-p-nitrophenyl phosphorothioate

298000

Dimethylnitrosamine

62759

alpha,alpha-Dimethyl phenethylamine

122098

2,4-Dimethylphenol

105679

Dimethyl phthalate

131113

Dimethyl sulfate

77781

Dinitrobenzene (mixed)

25154545

m-

99650

o-

528290

p-

100254

4,6-Dinitro-o-cresol and salts 5

534521

4,6-Dinitro-o-cyclohexylphenol

131895

Dinitrophenol

25550587

2,5-

329715

2,6-

573568

2,4-Dinitrophenol

51285

Dinitrotoluene

25321146

3,4-Dinitrotoluene

610399

2,4-Dinitrotoluene

121142

Dinoseb

88857

Di-n-octyl phthalate

117840

1,4-Dioxane

123911

DIPHENYLHRDRAZINE

  

1,2-Diphenylhydrazine

122667

Diphosphoramide, octamethyl-

152169

Dipropylamine

142847

Di-n-propylnitrosamine

621647

Diquat

85007

  

2764729

Disulfoton

298044

2,4-Dithiobiuret

541537

Dithiopyrophosphoric acid, tetraethyl ester

3689245

1,3-Dithiolane-2-carboxaldehyde, 2,4-dimethyl-, O-[(methylamino)carbonyl] oxime (Tirpate)

26419738

Diuron

330541

Dodecylbenzenesulfonic acid

27176870

Endosulfan

115297

alpha-Endosulfan

959988

beta-Endosulfan

33213659

ENDOLSUFAN AND METABOLITES

  

Ensodulfan sulfate

1031078

Endothall

145733

Endrin

72208

Endrin aldehyde

7421934

ENDRIN AND METABOLITES

  

Epichlorohydrin

106898

Epinephrine

51434

1,2-Epoxybutane

106887

Ethanal

75070

Ethanamine, 1,1-dimethyl-2-phenyl-

122098

Ethanamine, N-ethyl-N-nitroso-

55185

Ethane, 1,2-dibromo-

106934

Ethane, 1,1-dichloro-

75343

Ethane, 1,2-dichloro-

107062

Ethane, 1,1,1,2,2,2-hexachloro-

67721

Ethane, 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, 30558431 methyl ester (A2213)

Ethanimidothioic acid, 2-(dimethylamino)-N-[[methlyamino)carbonyl]oxy]-2-oxo, methyl ester (Oxamyl)

23135220

Ethanimidothioic acid, N,N'-[thiobis[(methylimino) carbonyloxy]] bis-, di-methyl ester (Thiodicarb)

59669260

Ethanol, 2,2'-(nitrosoimino)bis-

1116547

Ethanol, 2,2'-oxybis-, dicarbamate (Diethylene glycol, di carbamate)

5952261

Ethanone, 1-phenyl-

98862

Ethanoyl chloride

75365

Ethenamine, N-methyl-N-nitroso

4549400

Ethene, chloro-

75014

Ethene, 2-chloroethoxy

110758

Ethene, 1,1-dichloro-

75354

Ethene, 1,1,2,2-tetrachloro-

127184

Ethene, trans-1,2-dichloro-

156605

Ethion

563122

Ethyl acetate

141786

Ethyl acrylate

140885

Ethylbenzene

100414

Ethyl carbamate (Urethan)

51796

Ethyl cyanide

107120

Ethyl 4,4'-dichlorobenzilate

510156

Ethylene dibromide

106934

Ethylene dichloride

107062

Ethylene glycol

107211

Ethylene oxide

75218

Ethylenebis(dithio carbamic acid)

111546

Ethylendiamine

107153

Ethylenediamine tetraacetic acid (EDTA)

60004

Ethylenethiourea

96457

Ethylenimine

151564

Ethyl ether

60297

Ethylidene dichloride

75343

Ethyl methacrylate

97632

Ethyl methanesulfonate

62500

Famphur

52857

Ferric ammonium citrate

1185575

Ferric ammonium oxalate

2944674

  

55488874

Ferric chloride

7705080

Ferric fluoride

7783508

Ferric nitrate

10421484

Ferric sulfate

10028225

Ferrous ammonium sulfate

10045893

Ferrous chloride

7758943

Ferrous sulfate

7720787

  

7782630

Fluoroacetic acid, sodium salt

62748

Fluoroanthene

206440

Fluorene

86737

Fluorine

7782414

Fluoroacetamide

640197

Formaldehyde

50000

Formic acid

64186

Fulminic acid, mercury(II) salt

628864

Fumaric acid

110178

Furan

110009

Furan, tetrahydro

109999

2-Furancarboxaldehyde

98011

2,5-Furandione

108316

Furfural

98011

Furfuran 1

110009

D-Glucopyranose, 2-deoxy-2-(3-methyl-3-nitrosoureido)-

18883664

Glycidylaldehyde

765344

Guanidine, N-nitroso-N-methyl-N'-nitro

70257

Guthion

86500

HALOETHERS

  

HALOMETHANES

  

Heptachlor

76448

HEPTACHLOR & METABOLITES

  

Heptachlor epoxide

1024573

Hexachlorobenzene

118741

Hexachlorobutadiene

87683

HEXACHLOROCYCLOHEXANE (all isomers)

608731

Hexachlorocyclohexane (gamma isomer)

58899

Hexachlorocyclopentadiene

77474

1,2,3,4,10,10-Hexachloro-6,7-epoxy-1,4,4a,5,6,7,8,8a-octahydro-endo,endo-1,4:5,8-dimethanon aphthalene

72208

1,2,3,4,10,10-Hexachloro-6,7-epoxy-1,4,4a,5,6,7,8,8a-octahydro-endo, exo-1,4:5,8-dimethanonaphthalene

60571

Hexachloroethane

67721

Hexachlorohexahydro-endo,endo-dimethanonaphthalene

465736

1,2,3,4,10,10-Hexachloro-1,4,4a,5,8,endo, endo-dimethanonaphthalene

465736

1,2,3,4,10-10-Hexachloro-1,4,4a,5,8,8a, -hexahydro-1,4:5,8-endo,exo,dimethanonaphthalene

309022

Hexachlorophene

70304

Hexachloropropene

1888717

Hexaethyl tetraphosphate

757584

Hexamethylene-1,6-diisocyanate

822060

Hexamethylphosphoramide

680319

Hexane

110543

Hydrazine

302012

Hydrazine, 1,2-diethyl-

1615801

Hydrazine, 1,1-dimethyl-

57147

Hydrazine, 1,2-dimethyl-

540738

Hydrazine, 1,2-diphenyl-

122667

Hydrazine, methyl-

60344

Hydrazinecarbothioamide

79196

Hydrochloric acid

7647010

Hydrocyanic acid

74908

Hydrofluoric acid

7664393

Hydrogen cyanide

74908

Hydrogen fluoride

7664393

Hydrogen phosphide

7803512

Hydrogen sulfide

7783064

Hydroperoxide, 1-methyl-1-phenylethyl

80159

Hydroquinone

123319

Hydrosulfuric acid

7783064

Hydroxydimethylarsine oxide

75605

2-Imidazolidinethione

96457

Indeno(1,2,3-cd)pyrene

193395

Isobutyl alcohol

78831

Isocyanic acid, methyl ester

624839

Isophorone

78591

Isoprene

78795

Isopropanolamine dode-cylbenzenesulfonate

42504461

Isosafrole

120581

3(2H)-Isoxazolone, 5-(aminomethyl)-

2763964

Kelthane

115322

Kepone

143500

Lasiocarpine

303344

Lead

7439921

Lead acetate

301042

LEAD AND COMPOUNDS

  

Lead arsenate

7784409

  

7645252

  

10102484

Lead chloride

7758954

Lead fluoborate

13814965

Lead fluoride

7783462

Lead iodide

10101630

Lead nitrate

10099748

Lead phosphate

7446277

Lead stearate

7428480

  

1072351

  

56189094

  

52652592

Lead subacetate

1335326

Lead sulfate

15739807

  

7446142

Lead sulfide

1314870

Lead thiocyanate

592870

Lindane

58899

Lithium chromate

14307358

Malathion

121755

Maleic acid

110167

Maleic anhydride

108316

Maleic hydrazide

123331

Malononitrile

109773

Manganese, bis(dimethylcarbamodithioato-S,S')-(manganese dimethyldithio-carbamate)

15339363

MDI

101688

Melphalan

148823

Mercaptodimethur

2032657

Mercuric cyanide

592041

Mercuric nitrate

10045940

Mercuric sulfate

7783359

Mercuric thiocyanate

592858

Mercurous nitrate

10415755

  

7782867

Mercury

7439976

MERCURY AND COMPOUNDS

  

Mercury, (acetato-O)phenyl-

62384

Mercury fulminate

628864

Methacrylonitrile

126987

Methanamine, N-Methyl-

124403

Methane, bromo-

74839

Methane, chloro-

74873

Methane, chloromethoxy-

107302

Methane, dibromo-

74953

Methane, dichloro-

75092

Methane, dichloro-difluoro-

75718

Methane, iodo-

74884

Methane, oxybis(chloro-

542881

Methane, tetrachloro-

56235

Methane, tetranitro-

509148

Methane, tribromo-

75252

Methane, trichloro-

67663

Methane, trichloro-fluoro-

75694

Methanesulfonic acid, ethyl ester

62500

Methanethiol

74931

Methanesulfenyl chloride, trichloro-

594423

Methanimidamide, N,N-dimethyl-N'-[2-methyl-4-[[(methylamino)carbonyl]oxy]phenyl] -(Formparanate)

17702577

Methanimidamide, N,N-dimethyl-N'-[3-[[(methylamino)carbonyl]oxy]penyl]-, monohydrochloride (Formetanate hydro-chloride)

23422539

4,7-Methano-1H-indene, 1,4,5,6,7,8,8-heptachloro-3a, 3,7,7a-tetrahydro-

76448

Methanoic acid

64186

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

57749

Methanol

67561

Methapyrilene

91805

Methomyl

16752775

Methoxychlor

72435

Methyl alcohol

67561

2-Methylaziridine

75558

Methyl bromide

74839

1-Methylbutadiene

504609

Methyl chloride

74873

Methyl chlorocarbonate

79221

Methyl chloroform

71556

4,4-Methylenebis (2-chloroaniline)

101144

2,2'-Methylenebis (3,4,6-trichlorophenol)

70304

3-Methylcholanthrene

56495

Methylene bromide

74953

Methylene chloride

75092

4,4'-Methylenedianiline

101779

Methylene oxide

50000

Methyl ethyl ketone

78933

Methyl ethyl ketone peroxide

1338234

Methyl hydrazine

60344

Methyl iodide

74884

Methyl isobutyl ketone

108101

Methyl isocyanate

624839

2-Methyllactonitrile

75865

Methyl mercaptan

74931

Methyl methacrylate

80626

N-Methyl-N'-nitro-N-nitrosoguanidine

70257

Methyl parathion

298000

4-Methyl-2-pentanone

108101

Methyl tert-butyl ether

1634044

Methylthiouracil

56042

Mevinphos

7786347

Mexacarbate

315184

Mitomycin C

50077

Monoethylamine

75047

Monomethylamine

74895

Naled

300765

5,12-Naphthacenedione, (8S-cis)-8-acetyl-10-[3-amino-2,3,6-tride-oxy-alpha-l-lyxo-hexo-pyranosyl) oxy]-7,8,9,10-tetrahydro-6,8,11-trihydroxy-1-methoxy-

20830813

Naphthalene, 2-chloro-

91203

Naphthalene, 2-chloro-

91587

1,4-Naphthalenedione

130154

2,7-Naphthalenedisul-fonic acid, 3,3' -[(3,3'-dimethyl-(1,1'biphenyl)-4,4-diyl)-bis(azo) bis(5-amino-4-hydroxy)-tetra-sodium salt

72571

Naphthenic acid

1338245

1,4-Naphthoquinone

130154

1-Naphthylamine

134327

2-Naphthylamine

91598

alpha-Naphthylamine

134327

beta-Naphthylamine

91598

2-Naphthylamine, N,N-bis(2-chloroethyl)-alpha-

494031

Naphthylthathiourea

86884

Nickel

7440020

NICKEL AND COMPOUNDS

  

Nickel ammonium sulfate

15699180

Nickel carbonyl

13463393

Nickel chloride

7718549

  

37211055

Nickel cyanide

557197

Nickel (II) cyanide

557197

Nickel hydroxide

12054487

Nickel nitrate

14216752

Nickel sulfate

7786814

Nickel tetracarbonyl

13463393

Nicotine and salts

54115

Nitric acid

7697372

Nitric oxide

10102439

p-Nitroaniline

100016

Nitrobenzene

98953

4-Nitrobiphenyl

92933

Nitrogen dioxide

10102440

  

10544726

Nitrogen (II) oxide

10102439

Nitrogen (IV) oxide

10102440

  

10544726

Nitroglycerine

55630

Nitrophenol (mixed)

25154556

m-

554847

o-

88755

p-

100027

p-Nitrophenol

100027

2-Nitrophenol

88755

4-Nitrophenol

100027

NITROPHENOLS

  

2-Nitropropane

79469

NITROSAMINES

  

N-Nitrosodi-n-butylamine

924163

N-Nitrosodiethanolamine

1116547

N-Nitrosodiethylamine

55185

N-Nitrosodimethylamine

62759

N-Nitrosodiphenylamine

86306

N-Nitrosodi-n-propylamine

621647

N-Nitroso-N-ethylurea

759739

N-Nitroso-N-methylurea

684935

N-Nitroso-N-methylurethane

615532

N-Nitrosomethyl-vinylamine

4549400

N-Nitrosomorpholine

59892

N-Nitrosopiperidine

100754

N-Nitrosopyrrolidine

930552

Nitrotoluene

1321126

m-

99081

o-

88722

p-

99990

5-Nitro-o-toluidine

99558

5-Norbornene-2,3-dimethanol,1,4,5,6,7,7-hexachloro, cyclic sulfite

115297

Octamethylpyrophosphor amide

152169

Osmium oxide

20816120

Osmium tetroxide

20816120

7-Oxabicyclo[2.2.1] Heptane-2,3-dicarboxylic acid

145733

1,2-Oxathiolane,2,2-dioxide

1120714

2h-1,3,2-Oxazaphosphorine, 2-[bis(2-chloroethyl)amino] tetrahydro-2-oxide.

50180

Oxirane

75218

Oxirane, 2-(chloro-methyl)

106898

Paraformaldehyde

30525894

Paraldehyde

123637

Parathion

56382

Pentachlorobenzene

608935

Pentachloroethane

76017

Pentachloronitrobenzene

82688

Pentachlorophenol

87865

1,3-Pentadiene

504609

Phenacetin

62442

Phenanthrene

85018

Phenol

108952

Phenol, 2-chloro-

95578

Phenol, 4-chloro-3-methyl-

59507

Phenol, 2-cyclohexyl-4,6-dinitro-

131895

Phenol, 2,4-dichloro-

120832

Phenol, 2,6-dichloro-

87650

Phenol, 2,4-dimethyl-

105679

Phenol, 2,4-dinitro-

51285

Phenol, 2,4-dinitro-6-(1-methylpropyl)

88857

Phenol, 2,4-dinitro-6-methyl-, and salts

534521

Phenol, 2-(1-methylethoxy)-, methyl carbamate

114261

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

64006

Phenol, 3-methyl-5-(1-methylethyl)-, methyl carbamate (Promecarb)

2631370

Phenol, 4-nitro-

100027

Phenol, pentachloro-

87865

Phenol, 2,3,4,6-tetrachloro-

58902

Phenol, 2,4,5-trichloro-

95954

Phenol, 2,4,6-trichloro-

88062

Phenol, 2,4,6-trinitro-, ammonium salt

131748

Phenyl dichloroarsine

696286

1, 10-(1,2-Phenylene)pyrene

193395

Phenylenediamine (para-isomer)

106503

Phenylmercuric acetate

62384

N-Phenylthiourea

103855

Phorate

298022

Phosgene

75445

Phosphine

7803512

Phosphoric acid

7664382

Phosphoric acid, diethyl p-nitrophenyl ester

311455

Phosphoric acid, lead salt

7446277

Phosphorodithioic acid, O,O-diethyl S-methyl ester

3288582

Phosphorodithioic acid, O,O-diethyl S-(ethylthio), methyl ester

298022

Phosphorodithioic acid, O,O-dimethyl S-[2(methylamino) -2-oxoethyl] ester

60515

Phosphorofluoridic acid, bis(1-methylethyl) ester

55914

Phosphorothioic acid, O,O-diethyl O-(p-nitrophenyl) ester

56382

Phosphorothioic acid, O,O-diethyl O-pyrazinyl ester

297972

phosphorothioic acid, O,O-dimethyl O-p-[dimethylamino)-sulfonyl] phenyl] ester.

52857

Phosphorus

7723140

Phosphorus oxychloride

10025873

Phosphorus pentasulfide

1314803

Phosphorus sulfide

1314803

Phosphorus trichloride

7719122

PHTHALATE ESTERS

  

Phthalic anhydride

85449

2-Picoline

109068

Plumbane, tetraethyl-

78002

POLYCHLORINATED BIPHENYLS (PCBs)

1336363

  

12674112

  

11104282

  

11141165

  

12672296

  

53469219

  

11097691

  

11096825

POLYNUCLEAR AROMATIC HYDROCARBONS

  

Potassium arsenate

7784410

Potassium arsenite

10124502

Potassium bichromate

7778509

Potassium chromate

77890006

Potassium cyanide

151508

Potassium hydroxide

1310583

Potassium permanganate

7722647

Potassium silver cyanide

506616

Pronamide

23950585

1-Propanal, 2,3-epoxy-

765344

Propanal, 2-methyl-2-(methylthio)-, O-[(methylamino)carbonyl] oxime

116063

Propanal, 2-methyl-2-(methylsulfonyl)-, O-[(methylamino)carbonyl] oxime (Aldicarb sulfone)

1646884

1-Propanamine

107108

1-Propanamine, N-propyl-

142847

Propane, 1,2-dibromo-3-chloro-

96128

Propane, 2-nitro-

79469

Propane, 2,2-oxybis(2-chloro-

108601

1,3-Propane sultone

1120714

Propanedinitrile

109773

Propanenitrile

107120

Propanenitrile, 3-chloro-

542767

Propanenitrile, 2-hydroxy-2-methyl-

75865

1,2,3-Propanetriol,trinitrate-

55630

Propanol, 2,3-dibromo-,phosphate (3:1)

126727

1-Propanol, 2-methyl-

78831

2-Propanone

67641

2-Propanone, 1-bromo

598312

Propargite

2312358

Propargyl alcohol

107197

2-Propenal

107028

2-Propenamide

79061

Propene, 1,3-dichloro-

542756

1-Propene, 1,1,2,3,3,3-hexachloro-

1888717

2-Propenenitrile

107131

2-Propenenitrile, 2-methyl-

126987

2-Propenoic acid

79107

2-Propenoic acid, ethyl ester

140885

2-Propenoic acid, 2-methyl-, ethyl ester

97632

2-Propenoic acid, 2-methyl-, methyl ester

80626

2-Propen-1-o1

107186

beta-Propiolactone

57578

Propionaldehyde

123386

Propionic acid

79094

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

93721

Propionic anhydride

123626

Propoxur (Baygon)

114261

n-Propylamine

107108

Propylene dichloride

78875

Propylene oxide

75569

1,2-Propylenimine

75558

2-Propyn-1-o1

107197

Pyrene

129000

Pyrethrins

121299

  

121211

  

8003347

4-Pyridinamine

504245

Pyridine

110861

Pyridine,2-[(2-(di-methylyamine)ethyl)-2-thenylamino]-

91805

Pyridine, hexahydro-N-nitroso-

100754

Pyridine,2-methyl-

109068

Pyridine,(S)-3-(1-methyl-2-pyrrolidinyl)-, and salts

54115

4(1H)-Pyrimidinone,2,3-dihydro-6-methyl-2-thioxo-

56042

Pyrophosphoric acid, tetraethyl ester

107493

Pyrrole, tetrahydro-n-nitroso-

930552

Pyrrolo[2,3-b]indol-5-ol,1,2,3,3a,8,8a-hexahydro-1, 3a,8-trimethyl-, methylcarbamate (ester),(3aS-cis)-(physostigmine)

57476

Quinoline

91225

RADIONUCLIDES

  

Reserpine

50555

Resorcinol

108463

Safrole

94597

Selenious acid

7783008

Selenium

7782492

SELENIUM AND COMPOUNDS

  

Selenium dioxide

7446084

Selenium disulfide

7488564

Selenium oxide

7446084

Selenourea

630104

L-Serine, diazoacetate (ester)

115026

Silver

7440224

SILVER AND COMPOUNDS

  

Silver cyanide

506649

Silver nitrate

7761888

Silvex

93721

Sodium

7440235

Sodium arsenate

7631892

Sodium arsenite

7784465

Sodium azide

26628228

Sodium bichromate

10588019

Sodium bifluoride

1333831

Sodium bisulfite

7631905

Sodium chromate

7775113

Sodium cyanide

143339

Sodium dodecylbenzene sulfonate

25155300

Sodium fluoride

7681494

Sodium hydrosulfide

16721805

Sodium hydroxide

1310732

Sodium hypochlorite

7681529

  

10022705

Sodium methylate

124414

Sodium nitrite

7632000

Sodium phosphate, dibasic

7558794

  

10039324

  

10140655

Sodium phosphate, tribasic

7601549

  

7785844

  

10101890

  

10361894

  

7758294

  

10124568

Sodium selenite

10102188

  

7782823

4,4'Stilbenediol, alpha,alpha'-diethyl-

56531

Streptozotocin

18883664

Strontrium chromate

7789062

Strychnidin-10-one, and salts

57249

Strychnidin-10-one, 2,3-dimethoxy-

357573

Strychnine and salts

57249

Styrene

100425

Sulfur hydride

7783064

Sulfur monochloride

12771083

Sulfur phosphide

1314803

Sulfur selenide

7488564

Sulfuric acid

7664939

  

8014957

Sulfuric acid, dimethyl ester

77781

Sulfuric acid, thallium(I) salt

7446186

  

10031591

2,4,5-T

93765

2,4,5-T acid

93765

2,4,5-T amines

2008460

  

6369966

  

6369977

  

1319728

  

3813147

2,4,5-T esters

93798

  

2545597

  

61792072

  

1928478

  

25168154

2,4,5-T salts

13560991

TDE

72548

1,2,4,5-Tetrachlorobenzene

95943

2,3,7,8-Tetrachlorodibenzo-p-dioxin (TCDD)

1746016

1,1,1,2-Tetrachloroethane

630206

1,1,2,2-Tetrachloroethane

79345

Tetrachloroethylene

127184

2,3,4,6-Tetrachlorophenol

58902

Tetraethyldithiopyro-phosphate

3689245

Tetraethyl lead

78002

Tetraethyl pyrophosphate

107493

Tetrahydrofuran

109999

Tetranitromethane

509148

Tetraphosphoric acid, hexaethyl ester

757584

Thallic oxide

1314325

Thallium

7440280

THALLIUM AND COMPOUNDS

  

Thallium(I) acetate

563688

Thallium(I) carbonate

6533739

Thallium(I) chloride

7791120

Thallium(I) nitrate

10102451

Thallium(III) oxide

1314325

Thallium(I) selenide

12039520

Thallium(I) sulfate

7446186

  

10031591

Thioacetamide

62555

Thiofanox

39196184

Thiomidodicarbonic diamide

541537

Thiomethanol

74931

Thiophenol

108985

Thiosemicarbazide

79196

Thiourea

62566

Thiourea, (2,chlorophenyl)-

5344821

Thiourea, 1-naphthalenyl

86884

Thiourea, phenyl

103855

Thiram

137268

Toluene

108883

Toluenediamine

95807

  

25376458

  

823405

Toluene diisocyanate

584849

  

91087

  

26471625

o-Toluidine hydrochloride

636215

Toxaphene

8001352

2,4,5-TP acid

93721

2,4,5-TP acid esters

32534955

1H-1,2,4-Triazol-3-amine

61825

Trichlorfon

52686

1,2,4-Trichlorobenzene

120821

1,1,1-Trichloroethane

71556

1,1,2-Trichloroethane

79005

Trichloroethene

79016

Trichloroethylene

79016

Trichloromethanesulfenyl chloride

594423

Trichloromonofluoro-methane

75694

Trichlorophenol

25167822

2,3,4-Trichlorophenol

15950660

2,3,5-Trichlorophenol

933788

2,3,6-Trichlorophenol

933755

2,4,5-Trichlorophenol

95954

2,4,6-Trichlorophenol

88062

3,4,5-Trichlorophenol

609198

2,4,6-Trichlorophenol

88062

2,4,5-Trichlorophenoxy-acetic acid

93765

Triethanolamine dodecylbenzene-sulfonate

27323417

Triethylamine

121448

Trifluralin

1582098

Trimethylamine

75503

2,2,4-Trimethylpentane

540841

sym-Trinitrobenzene

99354

1,3,5-Trioxane, 2,4,6-trimethyl-

123637

Tris (2,3-dibromopropyl) phosphate

126727

Trypan blue

72571

Unlisted Hazardous Wastes

  

Characteristic of Ingnitability

  

Characteristic of Corrosivity

  

Characteristic of Reactivity

  

Characteristic of EP Toxicity

  

Arsenic

  

Barium

  

Cadmium

  

Chromium

  

Lead

  

Mercury

  

Selenium

  

Silver

  

Endrin

  

Lindane

  

Methoxychlor

  

Toxaphene

  

2,4-D

  

2,4,5-TP

  

Uracil, 5-[bis(2-chloro-ethyl)amino]-

66751

Uracil mustard

66751

Uranyl acetate

541093

Uranyl nitrate

10102064

  

36478769

Vanadic acid, ammonium salt

7803556

Vanadium (V) oxide

1314621

Vanadium pentoxide

1314621

Vanadyl sulfate

27774136

Vinyl acetate

108054

Vinyl bromide

593602

Vinyl chloride

75014

Vinylidene chloride

75354

Warfarin

81812

Xylene (mixed)

1330207

m-

108383

o-

95476

p-

106423

Xylenol

1300716

yohimban-16-carboxylic-acid, 11, 17-dimethoxy-18-[(3,4,5-trimethoxybenzoyl)oxy]-,

methylester.

50555

Zinc

7440666

ZINC AND COMPOUNDS

  

Zinc acetate

557346

Zinc ammonium chloride

52628258

  

14639975

  

14639986

zinc, bis(dimethylcarbamodi-thioato-S,S')-, (Ziram)

137304

Zinc borate

1332076

Zinc bromide

7699458

Zinc carbonate

3486359

Zinc chloride

7646857

Zinc cyanide

557211

Zinc fluoride

7783495

Zinc formate

557415

Zinc hydrosulfite

7779864

Zinc nitrate

7779886

Zinc phenolsulfonate

127822

Zinc phosphide

1314847

Zinc silicofluoride

16871719

Zinc sulfate

7733020

Zirconium nitrate

13746899

Zirconium potassium fluoride

16923958

Zirconium sulfate

14644612

Zirconium tetrachloride

10026116

2-Amino-1-methylbenzene

95534

4-Amino-1-methylbenzene

106490

2-Ethoxyethanol

110805

Ethylene glycol monoethyl ether

110805

o-Toluidine

95534

p-Toluidine

106490

Cite as Ohio Admin. Code 1301:7-9-03

Effective: 9/1/2017
Five Year Review (FYR) Dates: 05/17/2017 and 07/31/2022
Promulgated Under: 119.03
Statutory Authority: 3737.88(A), 3737.88(D)
Rule Amplifies: 3737.88(A), 3737.88(D)
Prior Effective Dates: 10/2/90, 1/22/93, 3/31/99, 3/1/05, 7/1/12

1301:7-9-04 [Effective until 9/1/2017] Registration of UST systems.

(A) Purpose and scope.

For the purpose of prescribing rules pursuant to sections 3737.02 and 3737.88 of the Revised Code, the state fire marshal hereby adopts this rule to establish registration requirements for underground storage tanks containing petroleum or other regulated substances. This rule is adopted by the state fire marshal in accordance with Chapter 119. of the Revised Code and shall not be considered a part of the "Ohio Fire Code."

(B) Annual registration.

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

(a) UST systems currently in use; and

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

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

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

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

(C) Registration for new UST system installations.

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

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

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

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

(D) Transfer of UST ownership.

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

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

(E) Fee exemptions.

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

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

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

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

Cite as Ohio Admin. Code 1301:7-9-04

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

1301:7-9-04 [Effective 9/1/2017] Registration of UST systems.

(A) Purpose and scope.

For the purpose of prescribing rules pursuant to sections 3737.02 and 3737.88 of the Revised Code, the state fire marshal hereby adopts this rule to establish registration requirements for underground storage tanks containing petroleum or other regulated substances. This rule is adopted by the state fire marshal in accordance with Chapter 119. of the Revised Code and shall not be considered a part of the "Ohio Fire Code."

(B) Annual registration.

(1) No later than the last day of June of each year, owners of the following UST systems shall submit an annual registration application to the state fire marshal:

(a) UST systems currently in use; and

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

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

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

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

(C) Registration for new UST system installations.

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

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

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

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

(D) Registration of previously deferred USTs.

Owners shall submit a new UST system registration application to the state fire marshal on the form prescribed by the state fire marshal for any previously deferred USTs identified in paragraph (C) of rule 1301:7-9-01 of the Administrative Code that are subject to the registration requirement. All requirements identified in this rule shall apply to previously deferred USTs.

(E) Transfer of UST ownership.

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

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

(F) Change of product.

Owners shall submit a modified registration application to the state fire marshal on the form prescribed by the state fire marshal within thirty days of a change of product. A registration fee is not required.

(G) 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 (E)(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.

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

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

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

Cite as Ohio Admin. Code 1301:7-9-04

Effective: 9/1/2017
Five Year Review (FYR) Dates: 05/17/2017 and 07/31/2022
Promulgated Under: 119.03
Statutory Authority: 3737.02, 3737.88
Rule Amplifies: 3737.02, 3737.88
Prior Effective Dates: 5/9/88, 11/5/90, 9/11/91, 5/10/99, 3/1/05, 7/1/12

1301:7-9-05 [Effective until 9/1/2017] Financial responsibility for petroleum underground storage tank systems.

(A) Purpose.

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

(B) Applicability.

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

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

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

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

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

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

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

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

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

(g) Wastewater treatment tank systems containing petroleum;

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

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

(j) Airport hydrant fuel distribution systems; and

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

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

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

(D) Compliance dates.

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

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

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

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

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

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

(E) Definitions.

For the purposes of this rule:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(F) Amount and scope of required financial responsibility.

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

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

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

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

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

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

(G) The fund.

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

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

(H) Deductible coverage requirements.

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

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

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

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

(I) Combination of allowable mechanisms.

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

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

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

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

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

Number of tanks covered by mechanism

Per occurrence amounta

Annual aggregate

1-6

reduced fund deductible

reduced fund deductible

1-100

fund deductible

fund deductible

101-200

fund deductible

2 x fund deductible

201-300

fund deductible

3 x fund deductible

301 or more

fund deductible

4 x fund deductible

a the per-occurrence amount for the tanks covered required by paragraphs (H) to (H)(1)(b) of this rule.

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

Number of tanks covered by mechanism

Per occurrence amounta

Annual aggregate

1-6

reduced fund deductible

2 x reduced fund deductible

1-100

fund deductible

2 x fund deductible

101-200

fund deductible

3 x fund deductible

201-300

fund deductible

4 x fund deductible

301 or more

fund deductible

5 x fund deductible

a the per-occurrence amount for the tanks covered required by paragraphs (H) to (H)(1)(b) of this rule.

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

(K) New installations or new acquisitions.

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

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

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

(L) Financial test of self-insurance.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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(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:

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(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:

"

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(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:

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(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:

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(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:

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

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(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:

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(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:

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(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:

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(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:

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(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:

Click to view Appendix

(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:

Click to view Appendix

(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:

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(V) State or political subdivision fund

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

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

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

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

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

[TF - CF]/Y

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(b) The effective date of termination; and

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

(Y) Reporting by owner and operator.

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

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

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

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

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

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

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

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

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

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

(Z) Recordkeeping.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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(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

Click to view Appendix

(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.

Cite as Ohio Admin. Code 1301:7-9-05

Five Year Review (FYR) Dates: 11/24/2015 and 11/24/2020
Promulgated Under: 119.03
Statutory Authority: 3737.882
Rule Amplifies: 3737.882
Prior Effective Dates: 10/2/90, 6/2/91 (Emer.), 9/11/91, 4/10/92, 1/1/94

1301:7-9-05 [Effective 9/1/2017] 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 state fire marshal hereby adopts this rule to establish financial responsibility requirements for underground storage tank systems containing petroleum. This rule is adopted by the state fire marshal in accordance with Chapter 119. of the Revised Code and shall not be considered a part of the "Ohio Fire Code."

(B) Applicability.

(1) Except as otherwise provided in paragraphs (B)(2) and (B)(3) 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 paragraph (D) 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 minimis 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.

(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 paragraph (D) of this rule shall be determined by the characteristics of the owner.

(D) Compliance date.

Owners and operators of petroleum UST systems shall comply with the requirements of this rule upon the effective date of this rule.

(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;

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

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

(d) A special report by an independent certified public accountant pursuant to paragraph (L)(4)(c) of this rule.

"Financial reporting year" may thus comprise a fiscal or a calendar year period.

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

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

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

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

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

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

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

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

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

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

(11) "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) of this rule including a guarantor, insurer, risk retention group, surety, or issuer of a letter of credit.

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

(13) "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 groundwater aquifer, or other relationship other than monetary compensation that provides a motivation for the guarantor to provide a guarantee.

(14) "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)(1) and (F)(2) 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 paragraph (H) of this rule.

(H) Deductible coverage requirements.

(1) Subject to the limitations and requirements of paragraphs (I) and (J) 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) 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 this paragraph 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) of this rule which is used by an owner or operator to comply with paragraph (H)(1) 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 paragraph (H)(1) of this rule, owners and operators shall use only one of the mechanisms described in paragraphs (L) to (V) 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 paragraph (H) of this rule, each such different mechanism shall comply with paragraph (H) 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 paragraph (L) of this rule to comply with paragraph (H) of this rule for any petroleum UST system within this state, the owner or operator shall, in computing the financial test described in paragraph (L) of this rule, use the applicable annual aggregate from the following table:

Number of tanks covered by mechanism:

Per occurrence amount*:

Annual aggregate:

1-6

reduced fund deductible

reduced fund deductible

7-100

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

* the per-occurrence amount for the tanks covered required by paragraph (H)(1) of this rule.

(2) If an owner or operator uses the insurance or risk retention group coverage described in paragraph (N) of this rule to comply with paragraph (H) 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 amount*:

Annual aggregate:

1-6

reduced fund deductible

2 x reduced fund deductible

7-100

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

*the per-occurrence amount for the tanks covered required by paragraph (H)(1) of this rule.

(3) If an owner or operator uses any mechanism described in paragraph (M) or paragraphs (O) to (R) of this rule to comply with paragraph (H) 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 paragraph (H)(1) 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 paragraph (H) 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 paragraph (H) 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 paragraph (H) 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 paragraph (J)(1) or (J)(2) of this rule, the amount of such additional annual aggregate coverage necessary to comply with paragraph (J)(1) or (J)(2) of this rule shall be obtained and demonstrated by the owner and operator by the first-occurring 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 paragraph (H) of this rule by passing a financial test as specified in this paragraph. To pass the financial test of self-insurance, the owner or operator shall meet the criteria of this paragraph 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, 265.145, 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 agency 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 agency 3745 of the Administrative Code and the Ohio department of natural resources under division 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 appendix A to this rule.

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

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

(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

(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 written in appendix A to this rule, except that the instructions in brackets are to be replaced by the relevant information and the brackets deleted.

(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 this paragraph. 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 state fire marshal may require reports of financial condition at any time from the owner or operator. If the state 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 this paragraph, 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 state 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 state fire marshal that he or she no longer meets the requirements of the financial test, the owner or operator shall notify the state fire marshal of such failure within ten days.

(M) Guarantee.

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

(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 paragraph (H) 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 state fire marshal. This standby trust fund shall meet the requirements specified in paragraph (R) of this rule.

(4) The guarantee shall be worded as written in appendix B to this rule, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted.

(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 paragraph (H) of this rule by obtaining liability insurance that conforms to the requirements of paragraphs (N)(2) and (N)(3) of this rule from an 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 portion of appendix C to this rule entitled "Endorsement" or evidenced by a certificate of insurance worded as specified in the portion of appendix C to this rule entitled "Certificate of Insurance", except that instructions in brackets shall be replaced with the relevant information and the brackets deleted.

(3) The insurer or risk retention group which issues a policy shall provide to the state 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 state fire marshal determines that the annual aggregate remaining under the policy is less than the applicable per-occurrence amount required under paragraph (H)(1) 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 state 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 paragraph (H) 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 written in appendix D to this rule, except that instructions in brackets shall be replaced with the relevant information and the brackets deleted.

(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 paragraph (H) 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 state fire marshal under paragraphs (AA)(1) to (AA)(3) of this rule. This standby trust fund shall meet the requirements specified in paragraph (H) 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 paragraph (H) 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-of-credit operations are regulated and examined by a federal or state agency.

(2) The letter of credit shall be worded as written in appendix E to this rule, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted.

(3) An owner or operator who uses a letter of credit to satisfy the requirements of paragraph (H) 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 state fire marshal shall be deposited by the issuing institution directly into the standby trust fund in accordance with instructions from the state fire marshal under paragraphs (AA)(1) to (AA)(3) of this rule. This standby trust fund shall meet the requirements specified in paragraph (H) 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 paragraph (H) of this rule by establishing a trust fund that conforms to the requirements of this paragraph. 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 appendix F to this rule, and must be accompanied by a formal certification of acknowledgement as specified in appendix G to this rule.

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

(4) If the value of the trust fund is greater than the applicable required amount of coverage specified in paragraph (H)(1) of this rule, the owner or operator may submit a written request to the state 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 paragraph (W) of this rule is substituted for all of the trust fund, the owner or operator may submit a written request to the state 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 state fire marshal shall instruct the trustee to release to the owner or operator such funds as the state fire marshal specifies in writing.

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

(R) Standby trust fund.

(1) An owner or operator using any one of the mechanisms authorized by paragraph (M), (O), (P), or (U) 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) The standby trust agreement, or trust agreement, shall be worded as written in appendix F to this rule, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted.

(3) The standby trust agreement or trust agreement shall be accompanied by a formal certification of acknowledgement worded as written in appendix G to this rule.

(4) The state 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 state 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.

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

(6) The owner or operator shall maintain an original of the standby trust agreement and certification worded as specified in paragraphs (R)(2) and (R)(3) 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 this paragraph to satisfy the requirements of paragraph (H) 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 paragraph (H) 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 paragraph (H) 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 this paragraph, 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 written in appendix H to this rule, except that the instructions in square brackets are to be replaced by the relevant information and the square brackets deleted.

(6) To demonstrate that it meets the state or political subdivision bond rating test set forth in this paragraph, 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 written in appendix I to this rule, except that the instructions in square brackets are to be replaced by the relevant information and the square brackets deleted.

(7) The state fire marshal may 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 state 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 this paragraph, 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 paragraph (H) of this rule by passing the state or political subdivision financial test specified in this paragraph. 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) and (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 non-operating 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 this paragraph, 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 written in appendix J to this rule, except that the instructions in the square brackets are to be replaced by the relevant information and the square brackets deleted.

(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 state fire marshal may require reports of financial condition at any time from the state or political subdivision owner or operator. If the state 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 this paragraph, 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 state 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 state fire marshal of such failure within ten days.

(U) Political subdivision guarantee.

(1) The political subdivision owner or operator may satisfy the requirements of paragraph (H) of this rule by obtaining a guarantee that conforms to the requirements of this paragraph. 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 paragraph (S) of this rule and deliver a copy of the applicable chief financial officer's letter as contained in paragraph (S)(5) or (S)(6) of this rule to the political subdivision owner or operator;

(b) Demonstrate that it meets the state or political subdivision financial test requirements of paragraph (T) 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 paragraph (V) of this rule and deliver a copy of the chief financial officer's letter as contained in paragraph (V)(2) of this rule to the political subdivision owner or operator.

(2) If the political subdivision guarantor is unable to demonstrate financial assurance under paragraph (S), (T), or (V) 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) and (U)(4)(b) or (U)(5)(a) and (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 state fire marshal, the guarantee shall be worded as specified in paragraph (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 state fire marshal for taking corrective action or compensating third parties for bodily injury and property damage, the guarantee shall be worded as specified in paragraph (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 as written in appendix K to this rule, except that the instructions in the square brackets are to be replaced with the relevant information and the square brackets deleted.

(b) If the guarantor is a political subdivision, the political subdivision guarantee with standby trust must be worded exactly as written in appendix L to this rule, except that instructions in the square brackets are to be replaced with the relevant information and the square brackets deleted

(5)

(a) If the guarantor is the state, the political subdivision guarantee without standby trust must be worded exactly as written in appendix M to this rule, except that the instructions in the square brackets are to be replaced with the relevant information and the square brackets deleted.

(b) If the guarantor is a political subdivision, the political subdivision guarantee without standby trust must be worded exactly as written in appendix N to this rule, except that instructions in the square brackets are to be replaced with the relevant information and the square brackets deleted.

(V) State or political subdivision fund

(1) The state or political subdivision owner or operator may satisfy the requirements of paragraph (H) of this rule by establishing a dedicated fund account that conforms to the requirements of this paragraph. 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 USTs and is funded for the amount of coverage required by paragraph (H)(1) of this rule;

(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 USTs, and is funded for five times the amount of coverage required by paragraph (H)(1) 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 USTs. 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-in-period." The amount of each payment shall be determined by this formula:

[TF - CF]/Y

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

(i) The state or political subdivision owner or operator has available bonding authority, approved through voter referendum (if such approval is necessary prior to the issuance of bonds), for an amount equal to the difference between the required amount of coverage and the amount held in the dedicated fund. This bonding authority shall be available for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; 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.

(2) 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 written in appendix O to this rule, except that the instructions in the square brackets are to be replaced by the relevant information and the square brackets deleted.

(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) of this rule as specified in this paragraph, provided that at all times he or she maintains an effective financial assurance mechanism that satisfies the requirements of paragraphs (H) and (J) 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 this paragraph, 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 paragraph (Y)(1)(b) 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 state 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 paragraph (Z)(2) of this rule.

(Y) Reporting by owner and operator.

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

(a) Within thirty days after the owner or operator identifies a release from a UST 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;

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

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

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

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

(2) Owners and operators shall certify compliance with the financial responsibility requirements of this rule when notifying the state fire marshal of the installation of a new UST under paragraph (C) of rule 1301:7-9-04 of the Administrative Code.

(3) Owners and operators shall certify compliance with the financial responsibility requirements of this rule when notifying the state fire marshal of the operation of a previously deferred UST under paragraph (D) of rule 1301:7-9-04 of the Administrative Code.

(4) The state fire marshal may require an owner or operator to submit evidence of financial assurance as described in paragraph (Z)(2) 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 a UST until released from the requirements of this rule under paragraph (BB) of this rule. Owners and operators shall maintain such evidence at the UST 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 state 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 paragraphs (L) to (V) 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 paragraph (U)(4)(a) or (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 paragraph (S) 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 paragraph (U) of this rule, where the guarantor's demonstration of financial responsibility relies on the state or political subdivision bond rating test under paragraph (S) 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 paragraph (V) 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 paragraph (V)(1)(c) 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 paragraph (V)(1)(c) 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) of this rule shall maintain an updated copy of a certification of financial responsibility worded as written in appendix P to this rule, except that instructions in the square brackets are to be replaced with the relevant information and the square brackets deleted. Owners and operators shall update this certification whenever the financial assurance mechanism used to demonstrate financial responsibility changes.

(AA) Drawing on financial assurance mechanisms.

(1) Except as specified in paragraph (AA)(4) of this rule, upon direction from the state fire marshal, the guarantor, surety, or institution issuing a letter of credit shall place the amount of funds stipulated by the state 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 state fire marshal determines or suspects that a release from a UST covered by the mechanism has occurred and so notifies the owner or operator or the owner or operator has notified the state 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 a UST covered by the mechanism; or

(b) Any of the conditions contained in paragraph (AA)(2) of this rule are satisfied.

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

(a) The state 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 state 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 written in appendix Q to this rule, except that instructions in square brackets are to be replaced with the relevant information and the square brackets deleted; 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 state fire marshal determines that the owner or operator has not satisfied the judgment.

(3) If the state fire marshal determines that the amount of corrective action costs and third-party liability claims eligible for payment under paragraph (AA)(2) 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 state fire marshal shall pay third-party liability claims in the order in which the state 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 state 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 state fire marshal by certified mail of such commencement and submit the appropriate forms listed in paragraph (Z)(2) 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 state fire marshal by certified mail of such commencement and submit the appropriate forms listed in paragraph (Z)(2) 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 state 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 state 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 state 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) of this rule for an amount equal to the full amount of coverage required.

(2) For purposes of this paragraph, the full amount of coverage required is the amount of coverage to be provided by paragraphs (H) and (J) 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 state 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) 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 paragraph (Q) 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 state 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) of this rule for an amount equal to the full amount of coverage required.

Replaces: 1301:7-9-05

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Cite as Ohio Admin. Code 1301:7-9-05

Effective: 9/1/2017
Five Year Review (FYR) Dates: 07/31/2022
Promulgated Under: 119.03
Statutory Authority: 3737.882
Rule Amplifies: 3737.882
Prior Effective Dates: 10/2/90, 6/2/91 (Emer.), 9/11/91, 4/10/92, 1/1/94

1301:7-9-06 [Effective until 9/1/2017] Design, construction, installation, operation and maintenance for UST systems.

(A) Purpose and scope.

For the purpose of prescribing rules pursuant to section 3737.88 of the Revised Code, the state fire marshal hereby adopts this rule to establish design, construction, installation, operation and maintenance requirements for underground storage tanks (UST) containing petroleum or other regulated substances. This rule is adopted by the state fire marshal in accordance with Chapter 119. of the Revised Code and shall not be considered a part of the "Ohio Fire Code." The following UST systems are exempted from this rule:

(1) Wastewater treatment tank systems;

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

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

(4) Airport hydrant fuel distribution systems; and

(5) UST systems with field constructed tanks.

(B) Performance standards for new UST systems.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(C) Performance standards for existing UST systems.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(d) Operation and maintenance of corrosion protection;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Cite as Ohio Admin. Code 1301:7-9-06

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

1301:7-9-06 [Effective 9/1/2017] Design, construction, installation, operation, and maintenance for UST systems.

(A) Purpose and scope.

(1) For the purpose of prescribing rules pursuant to section 3737.88 of the Revised Code, the state fire marshal hereby adopts this rule to establish design, construction, installation, operation and maintenance requirements for underground storage tanks containing petroleum or other regulated substances. This rule is adopted by the state fire marshal in accordance with Chapter 119 of the Revised Code and shall not be considered a part of the "Ohio Fire Code."

(2) Where any provision in this rule creates a duty of compliance for an owner and operator, and the owner and operator are separate persons, compliance may be attained by either person. In the event of noncompliance, both are liable.

(B) Performance standards for new UST systems.

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

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

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

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

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

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

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

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

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

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

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

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

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

(e) New UST systems shall be equipped with spill prevention equipment and overfill prevention equipment pursuant to paragraphs (D)(7) and (D)(8) of this rule, except that flow restrictors in vent lines may not be used to meet overfill prevention requirements on new UST systems;

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

(g) New UST systems shall meet compatibility requirements described in paragraph (D)(9) of this rule.

(C) Performance standards for existing UST systems.

(1) Existing underground storage tanks (i.e., just the tank portion of the system) shall be equipped, operated and maintained pursuant to paragraphs (D)(1) and (D)(2) of this rule except that:

(a) Existing USTs installed prior to May 16, 2011, are not required to be equipped to meet the new UST secondary containment requirements of paragraph (B)(1) of this rule unless the USTs undergo work pursuant to paragraph (C)(6)(a) of this rule; and

(b) The addition of internal lining in the field to an existing metal UST system to meet cathodic protection requirements is prohibited.

(c) The addition of internal lining in the field to UST systems for purposes other than for cathodic protection is allowed. Owners and operators shall comply with any conditions imposed by the state fire marshal on the use of internal lining. Owners and operators shall obtain approval from the manufacturer of the UST prior to the addition of internal lining. All lining activity shall be performed by a person recognized by the manufacturer to perform the lining of the UST.

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

(a) Existing underground piping associated with UST systems installed prior to March 1, 2005, is not required to be equipped to meet secondary containment requirements of paragraph (B)(1)(b) of this rule except those piping components undergoing work pursuant to paragraph (C)(6)(b) of this rule;

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

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

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

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

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

(a) Existing UST systems installed prior to March 1, 2005, that were filled with transfers of no more than twenty-five gallons at one time are not required to be equipped to meet the spill and overfill requirements of this rule except USTs undergoing work pursuant to paragraph (C)(6)(a) of this rule;

(b) Flow restrictors in the vent lines for overfill prevention shall not be allowed on any type of suction system, USTs filled by a pressurized delivery system, or USTs utilizing coaxial stage I vapor recovery systems; and

(c) Flow restrictors in vent lines may not be used to meet overfill prevention requirements when an existing flow restrictor is replaced.

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

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

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

(c) Existing UST systems installed prior to March 1, 2005, that are filled with transfers of no more than twenty-five gallons at one time are not required to be equipped to meet the spill and overfill requirements of paragraphs (D)(7) and (D)(8) of this rule; and

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

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

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

(i) Tank top containment sumps shall be installed pursuant to paragraph (B)(1)(c)(i) of this rule; and

(ii) Existing piping and dispenser containment sumps shall be installed, replaced, or modified pursuant to paragraphs (C)(6)(b) to (C)(6)(d) of this rule;

(b) If piping is installed, replaced, modified, or undergoes major repair that affects more than fifty per cent of an existing piping run measured as the length of the pipe between the connection at the UST and the furthest dispenser or use location associated with the UST connection that routinely contains regulated substances, then the piping and associated containment sumps shall be equipped, operated and maintained pursuant to the new piping and containment sump requirements defined in paragraphs (B)(1)(b) and (B)(1)(c) of this rule. The measurements relating to the fifty per cent threshold shall be cumulative and shall include all work performed after May 16, 2011;

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

(d) If an existing fuel dispenser is replaced with another fuel dispenser and all of the equipment needed to connect the dispenser to the underground storage tank system is installed, replaced, modified or undergoes a major repair at the same time, then a new containment sump shall be installed pursuant to paragraphs (D)(5) and (D)(6) of this rule. The equipment necessary to connect the dispenser to the underground storage tank system includes check valves, shear valves, unburied risers, flexible connectors, and other transitional components that are underneath the dispenser and connect the dispenser to the underground piping.

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

(8) Existing UST systems that undergo a change of product shall meet compatibility requirements described in paragraph (D)(9) of this rule.

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

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

(a) The tank is constructed of fiberglass-reinforced plastic in compliance with Underwriters Laboratories Standard 1316-06, "Glass-Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum Products, Alcohols, and Alcohol-Gasoline Mixtures";

(b) The tank is constructed of metal in compliance with Underwriters Laboratories Standard 58-98, "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 1746-14, "Standard for External Corrosion Protection Systems for Steel Underground Storage Tanks";

(b) National Association of Corrosion Engineers International Standard Practice SP-0285-11; "External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection"; or

(c) Steel Tank Institute STI-P3-15, "Specification and Manual for External Corrosion Protection of Underground Steel Storage Tanks"; or

(c) The tank is constructed of a steel-fiberglass-reinforced-plastic composite in compliance with:

(i) Underwriters Laboratories Standard 1746-14, "Standard for External Corrosion Protection Systems for Steel Underground Storage Tanks," or

(ii) Steel Tank Institute F894-15, "ACT-100 Specification for External Corrosion Protection of FRP Composite Steel Underground Storage Tanks."

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

(a) Owners and operators shall use UST system components that are compatible with the regulated substance stored in the UST system pursuant to the compatibility requirements described in paragraph (D)(9) of this rule;

(b) If the UST system is used to store alcohol blends, the owner and operator shall ensure compatibility by complying with the compatibility requirements described in paragraph (D)(9) of this rule;

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

(d) Operation and maintenance of corrosion protection.

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

(ii) All UST systems equipped with cathodic protection systems shall be tested for proper operation by a cathodic protection tester within six months of installation and at least every three years thereafter.

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

(iv) For UST systems using cathodic protection, records of the testing of the cathodic protection system shall be maintained in compliance with this rule. These records shall provide the following:

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

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

(v) The following codes of practice may be used to comply with paragraph (D)(2)(d) of this rule:

(a) National Association of Corrosion Engineers International Standard Practice SP0285-11, "External Corrosion Control of Underground Storage Tank Systems by Cathodic Protection";

(b) National Association of Corrosion Engineers International Test Method TM0101-12, "Measurement Techniques Related to Criteria for Cathodic Protection of Underground Storage Tank Systems";

(c) National Association of Corrosion Engineers International Test Method TM0497-12, "Measurement Techniques Related to Criteria for Cathodic Protection on Underground or Submerged Metallic Piping Systems";

(d) Steel Tank Institute R051-06, "Cathodic Protection Testing Procedures for STI-P3 USTs"; or

(e) Steel Tank Institute R972-10, "Recommended Practice for the Addition of Supplemental Anodes to STI-P3 USTs".

(vi) If cathodic protection testing indicates failure or inconclusive results, or if the cathodic protection equipment is turned off or disconnected from the UST system for more than twelve months, then the UST system shall be assessed by a corrosion expert as defined in rule 1301:7-9-02 of the Administrative Code to affirm that the corrosion protection equipment is performing pursuant to the requirements of this rule.

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

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

(a) A modification permit shall be obtained prior to performing work in accordance with rule 1301:7-9-10 of the Administrative Code;

(b) Video camera inspections shall not be used to meet the requirements of this paragraph;

(c) The use of personnel and lining materials listed pursuant to rule 1301:7-7-34 of the Administrative Code is not required; and

(d) After the effective date of this rule, cathodic protection may not be added to previously lined USTs;

(ii) Any UST system internally lined that fails to meet the criteria described in this paragraph shall be removed in accordance with rule 1301:7-9-12 of the Administrative Code; and

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

(f) Non-metallic UST systems internally lined for compatibility purposes shall comply with the following:

(i) UST lining activities shall be in accordance with American Petroleum Institute Publication RP 1631-01, "Interior Lining and Periodic Inspection of Underground Storage Tanks" and with Fiberglass Tank and Piping Institute RP T-95-02, "Remanufacturing of FRP Underground Storage Tanks";

(ii) A modification permit shall be obtained prior to performing lining work in accordance with rule 1301:7-9-10 of the Administrative Code;

(iii) The use of personnel and lining materials listed pursuant to rule 1301:7-7-34 of the Administrative Code is not required; and

(iv) The periodic re-inspection of previously lined fiberglass USTs is not required.

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

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

(a) The piping is constructed of fiberglass-reinforced plastic, flexible plastic technology piping or other non-metallic piping in compliance with:

(i) Underwriters Laboratories Standard 971-06, "Standard for Nonmetallic Underground Piping for Flammable Liquids" or

(ii) National Fire Protection Association 30-15, "Flammable and Combustible Liquids Code";

(b) The piping is constructed of metal in compliance with:

(i) Underwriters Laboratories Standard 971A-06, "Outline of Investigation for Metallic Underground Fuel Pipe";

(ii) National Fire Protection Association 30-15 "Flammable and Combustible Liquids Code"; or

(iii) American Society of Mechanical Engineers B 31.3 -16, "ASME Code for Pressure Piping";

(c) Piping that is constructed of metal that routinely contains regulated substances that is in contact with the ground shall be 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 piping and cathodic protection systems meet the requirements of one of the following:

(a) American Petroleum Institute Publication RP 1632-02, "Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems";

(b) National Association of Corrosion Engineers International Standard Practice SP0169-13, "Control of External Corrosion on Underground or Submerged Metallic Piping Systems";

(c) Steel Tank Institute R892-06, "Recommended Practice for Corrosion Protection of Underground Piping Networks Associated with Liquid Storage and Dispensing Systems"; or

(d) National Association of Corrosion Engineers International Test Method TM0497-12, "Measurement Techniques Related to Criteria for Cathodic Protection on Underground or Submerged Metallic Piping Systems"; and

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

(e) Piping, including vent piping and ancillary equipment, shall not be configured in a manner that will cause unintentional syphoning, backflow or over-pressurization of the UST system or cause the defeat of shear valves, check valves, release detection equipment, or similar components.

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

(a) Owners and operators shall use piping system components that are compatible with the regulated substance stored in the UST system pursuant to paragraph (D)(9) of this rule;

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

(c) All corrosion protection systems for metallic piping shall be operated and maintained pursuant to the schedules and record keeping requirements found in paragraph (D)(2)(d) of this rule;

(d) Repairs and modifications to piping shall be in accordance with the following:

(i) Metal pipe sections and fittings shall be repaired or modified using new sections and fittings. Unions shall occur in containment sumps that meet the requirements of paragraphs (D)(5) and (D)(6) of this rule; and

(ii) Connections for non-metallic piping shall be in accordance with the manufacturer's requirements or codes of practice developed by nationally recognized associations or independent testing laboratories or other industry best practices.

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

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

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

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

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

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

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

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

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

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

(b) The following containment sumps shall be tested for tightness every three years in accordance with paragraph (F)(3) of rule 1301:7-9-07 of the Administrative Code:

(i) All containment sumps installed on new UST systems after March 1, 2005;

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

(iii) All containment sumps installed on existing UST systems as a result of activities required by paragraph (C)(6)(c) or (C)(6)(d) of this rule; and

(iv) All other containment sumps associated with UST systems where the containment sump serves as part of the interstitial monitoring system.

(c) Double wall containment sumps may forgo the tightness test requirement described in paragraph (D)(6)(b) of this rule if the interstice of the double wall is checked for a leak at least once a year; and

(d) The addition of internal lining in the field to containment sumps is allowed. Owners and operators shall comply with any conditions imposed by the state fire marshal on the use of internal lining. For a containment sump described in paragraph (D)(6)(b) of this rule, owners and operators shall obtain approval from the manufacturer of the containment sump prior to the addition of internal lining. All lining activity shall be performed by a person recognized by the manufacturer to perform the lining of the containment sump.

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

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

(b) Owners and operators shall install overfill prevention equipment that will achieve one of the following:

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

(ii) 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

(iii) 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.

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

(a) 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;

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

(c) No later than October 13, 2018, owners and operators shall inspect all spill prevention equipment at least every thirty days. Spill prevention equipment at UST systems receiving deliveries at intervals greater than every thirty days may be inspected prior to and following each delivery. Inspections shall consist of:

(i) Visual inspection for damage;

(ii) Removing liquid or debris;

(iii) Inspection for and the removal of obstructions in the fill pipe;

(iv) Inspection of the fill cap to make sure it is securely on the fill pipe; and

(v) For double walled spill prevention equipment with interstitial monitoring, inspection for a leak in the interstitial area;

(d) No later than October 13, 2018, owners and operators shall test all spill prevention equipment in the following manner:

(i) Spill prevention equipment shall be tightness tested at least once every three years in accordance with paragraph (F)(3) of rule 1301:7-9-07 of the Administrative Code to ensure the equipment is liquid tight; or

(ii) For double wall spill prevention equipment, the integrity of both walls may be monitored every thirty days as described in paragraph (D)(8)(c) of this rule; and

(e) No later than October 13, 2018, owners and operators shall test overfill prevention equipment at least once every three years. At a minimum, the inspection shall ensure that overfill prevention equipment is set to activate at the correct level specified in paragraph (D)(7)(b) of this rule and will activate when regulated substances reaches that level.

(9) Owners and operators shall use an UST system made of or lined with materials that are compatible with the substance stored in the UST system.

(a) For new and existing UST systems undergoing a change of product, owners and operators shall demonstrate compatibility of the UST system, including the UST, piping, containment sumps, ancillary equipment, release detection equipment, spill prevention equipment, and overfill prevention equipment using one of the following options:

(i) Certification or listing of the UST system equipment or components by a nationally recognized, independent testing laboratory for use with the regulated substance;

(ii) Written approval by the equipment or component manufacturer specific to the regulated substance; or

(iii) Another option determined by the state fire marshal to be no less protective to human health and the environment than the options listed in paragraph (D)(9)(a)(i) or (D)(9)(a)(ii) of this rule.

(b) Owners and operators shall maintain records in accordance with paragraph (E)(5) of this rule demonstrating compliance with this paragraph.

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

(1) All UST systems shall be properly designed, constructed, installed, modified, repaired, operated and maintained in accordance with the requirements of this rule. UST system components not specifically addressed in this rule shall comply with the manufacturer's instructions or codes of practice developed by nationally recognized associations or independent testing laboratories or other industry best practices.

(2) All UST systems shall be properly designed, constructed, installed, modified, repaired, operated and maintained by a qualified person in accordance with the requirements of this rule.

(a) Any person performing activities in accordance with this rule shall check paragraph (C) of rule 1301:7-9-10 of the Administrative Code prior to performing the activities to determine if a permit is required. Any activities requiring a permit 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.

(b) For activities that do not require a permit, or if the rule does not specifically identify a type of qualified person, then owners and operators may allow any person to perform such activities provided they follow manufacturer's instructions or codes of practice developed by nationally recognized associations or independent testing laboratories or other industry best practices.

(3) The following codes of practice may be used to comply with this rule:

(a) American Petroleum Institute Publication RP 1615-11, "Installation of Underground Hazardous Substances or Petroleum Storage Systems";

(b) American Petroleum Institute Publication RP 1626-12; "Storing and Handling Ethanol and Gasoline-Ethanol Blends at Distribution Terminals and Filling Stations";

(c) American Petroleum Institute Publication RP 2200-15, "Repairing Hazardous Liquid Pipelines";

(d) Fiberglass Tank and Piping Institute RP T-95-02, "Remanufacturing of FRP Underground Storage Tanks";

(e) National Fire Protection Association 30-15, "Flammable and Combustible Liquids Code";

(f) National Fire Protection Association 30A-15, "Code for Motor Fuel Dispensing Facilities and Repair Garages";

(g) National Fire Protection Association 407-17, "Standard for Aircraft Fuel Servicing";

(h) Petroleum Equipment Institute RP 100-17, "Recommended Practices for Installation of Underground Liquid Storage Systems";

(i) Petroleum Equipment Institute RP 900-08, "Recommended Practices for the Inspection and Maintenance of UST Systems";

(j) Petroleum Equipment Institute RP 1000-14, "Recommended Practices for the Installation of Marina Fueling Systems"; or

(k) Petroleum Equipment Institute RP 1200-17, "Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities".

(4) No later than October 13, 2018, owners and operators shall perform a walkthrough inspection and complete a walkthrough inspection checklist on a form prescribed by the state fire marshal.

(a) Every month, the following equipment shall be checked as part of the walkthrough inspection:

(i) Visually check spill prevention equipment for damage;

(ii) Remove liquid and debris from spill prevention equipment;

(iii) Visually check and remove obstructions from fill pipe;

(iv) Check fill cap to ensure it is securely on the fill pipe;

(v) For double wall spill prevention equipment with interstitial monitoring, check for a leak in the interstitial area;

(vi) Check release detection equipment to confirm operation with no alarms or other unusual operating conditions present; and

(vii) Check to ensure records of release detection testing are reviewed and current.

(b) Annually, the following equipment shall be checked as part of the walkthrough inspection:

(i) Visually check containment sumps for damage;

(ii) Visually check containment sumps for leaks;

(iii) Visually check containment sumps for releases to the environment;

(iv) Remove liquid and debris from containment sumps;

(v) For double wall containment sumps with interstitial monitoring, check for a leak in the interstitial area; and

(vi) For hand held release detection equipment, check devices such as gauge sticks for operability and serviceability.

(c) Spill prevention equipment at UST systems receiving deliveries at intervals greater than every month may be checked prior to each delivery in order to meet the requirements in paragraph (E)(4)(a) of this rule.

(d) The following containment sumps are required to comply with the walkthrough inspection requirements described in paragraph (E)(4)(b) of this rule:

(i) All containments sumps installed on new UST systems after March 1, 2005;

(ii) All containments sumps associated with UST systems containing hazardous substances pursuant to rule 1301:7-9-03 of the Administrative Code;

(iii) All containments sumps installed on existing UST systems as a result of activities required by paragraph (C)(6)(c) or (C)(6)(d) of this rule; and

(iv) All containment sumps associated with UST systems where the containment sump serves as part of the interstitial monitoring system.

(5) Owners and operators shall maintain records demonstrating compliance with the requirements of this chapter as follows:

(a) The records of operation and maintenance walkthrough inspections shall be maintained for at least one year;

(b) The records of testing of spill prevention equipment, overfill prevention equipment, containment sumps, and written documentation of all calibration, maintenance, and reqair of equipment permanently located at the facility shall be maintained for at least three years;

(c) The records demonstrating compatibility shall be maintained for as long as the UST system is used to store the regulated substance;

(d) Any schedules of required calibration and maintenance provided by the equipment manufacturer shall be retained for five years;

(e) Owners and operators shall provide the state fire marshal access to all records within one business day of a request; and

(f) Within thirty days of transfer of ownership of an UST system, the transferor shall provide the transferee with all records identified in paragraph (E)(5) of this rule or with equivalent copies of said records.

(6) 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.

(7) 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)(2)(a) 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.

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

(F) Requirements for airport hydrant systems or field constructed tank systems.

(1) New and existing airport hydrant systems or new and existing field constructed tank systems shall comply with the design, installation, construction, operation, and maintenance requirements found in Subpart K of Part 280 of Title 40 Chapter I of the Code of Federal Regulations except that:

(a) Qualifying systems shall comply with the deadlines and conditions identified in rule 1301:7-9-01 of the Administrative Code;

(b) Existing USTs lined to meet cathodic protection requirements shall comply with paragraph (D)(2)(e) of this rule.; and

(c) In addition to completing the walkthrough inspection requirements pursuant to paragraph (E)(4) of this rule, owners and operators shall visually check hydrant pits and hydrant piping vaults for evidence of leaks or damage and remove any liquid or debris found. The check shall be performed monthly, unless confined spaced entry is required, in which case the check is required at least annually.

(2) New and existing airport hydrant systems or new and existing field constructed tank systems shall comply with the release detection, operation, maintenance, and walkthrough inspection requirements found in paragraph (H) of rule 1301:7-9-07 of the Administrative Code.

(3) Owners and operators of new and existing airport hydrant systems or new and existing field constructed tank systems may request to use alternative methods pursuant to paragraph (E)(8) of this rule.

Replaces: 1301:7-9-06

Cite as Ohio Admin. Code 1301:7-9-06

Effective: 9/1/2017
Five Year Review (FYR) Dates: 07/31/2022
Promulgated Under: 119.03
Statutory Authority: 3737.88
Rule Amplifies: 3737.88
Prior Effective Dates: 6/6/85, 5/9/88, 11/5/90, 1/1/97, 3/31/99, 3/1/05, 12/31/05, 5/16/11

1301:7-9-07 [Effective until 9/1/2017] Release detection methods and requirements for UST systems.

(A) Purpose and scope

For the purpose of prescribing rules pursuant to section 3737.88 of the Revised Code, the state fire marshal hereby adopts this rule to establish release detection requirements and methods for underground storage tanks (UST) containing petroleum or other regulated substances. This rule is adopted by the state fire marshal in compliance with Chapter 119. of the Revised Code and shall not be considered a part of the "Ohio Fire Code." The following UST systems are exempt from this rule:

(1) Wastewater treatment tank systems;

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

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

(4) Airport hydrant fuel distribution systems; and

(5) UST systems with field-constructed tanks.

(B) Release detection requirements for new UST systems.

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

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

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

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

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

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

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

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

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

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

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

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

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

(C) Release detection requirements for existing UST systems.

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

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

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

(ii) Existing tanks with a capacity of five hundred fifty-one to two thousand gallons that contain new or used oil may use manual tank gauging in compliance with paragraph (D)(1)(b) of this rule as a method of release detection provided that a tank tightness test is performed in accordance with paragraph (F)(1)(a) of this rule once every five years.

(b) Existing underground piping that routinely contains regulated substances shall be equipped and monitored for releases pursuant to paragraphs (D)(2)(a) to (D)(2)(d)(ii)(b) of this rule except that:

(i) Existing piping associated with UST systems installed prior to March 1, 2005, does not have to meet the interstitial monitoring requirements as described in paragraph (D)(2)(b) of this rule.

(ii) Existing underground piping that conveys regulated substances under suction shall be equipped and monitored for releases pursuant to paragraph (D)(2)(d) of this rule; and

(iii) An existing suction manifold between tanks does not have to meet the interstitial monitoring requirements as described in paragraph (D)(2)(b) of this rule.

(c) Existing containments shall be equipped and monitored for releases pursuant to paragraph (D)(3) of this rule except existing containments associated with UST systems installed prior to March 1, 2005, are not required to meet the release detection requirements of paragraph (D)(3) of this rule and shall instead be equipped and monitored pursuant to paragraphs (D)(6) to (D)(6)(a)(iii) of rule 1301:7-9-06 of the Administrative Code.

(i) Containments associated with UST systems installed prior to March 1, 2005, that undergo work pursuant to paragraph (C)(7) of rule 1301:7-9-06 of the Administrative Code shall comply with paragraph (C)(8)(a) of this rule.

(2) Existing UST systems containing hazardous substances as defined in rule 1301:7-9-03 of the Administrative Code shall be equipped and monitored for a releases of a hazardous substance as defined in paragraphs (B)(1) and (B)(2) of rule 1301:7-9-03 of the Administrative Code pursuant to the new UST system requirements defined in paragraph (B) of this rule except that:

(a) Existing containments originally configured with one release detection sensor located at the lowest point of the secondary containment system are not required to have sensors in every containment; and

(b) Existing underground piping and manifolds that convey hazardous substance under suction shall be equipped and monitored for releases pursuant to paragraph (B)(2) of this rule.

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

(a) Automatic line leak detectors are no longer required to be designed with a limited restart capability that automatically prevents the operator from restarting the flow of regulated substances more than once.

(b) Existing containments originally configured with one release detection sensor located at the lowest point of the secondary containment system are not required to have sensors in every containment.

(c) Existing UST systems that were installed in sensitive areas before the effective dates listed in paragraphs (C) to (E) of rule 1301:7-9-09 of the Administrative Code shall be equipped to be monitored for releases pursuant to the existing UST requirements of paragraph (C)(1) of this rule.

(4) Owners and operators using soil gas monitoring or ground water monitoring as the sole method of release detection for USTs and piping were required to comply with one of the release detection methods as provided in paragraph (D)(1)(c) or (D)(1)(d) of this rule by December 31, 2005. Owners and operators may request to continue using said methods of release detection or request to use an alternative method provided that the owner and operator receives written approval from the state fire marshal pursuant to paragraph (D)(4) of this rule.

(5) Existing UST systems containing motor or aviation petroleum fuels are no longer required to be monitored daily using product inventory control as described in paragraph (D)(1)(a) of this rule.

(6) Existing UST systems that store fuel for use by emergency power generators are not required to be equipped with release detection pursuant to paragraphs (B)(1) to (B)(3) of this rule unless the UST systems undergoes work pursuant to paragraph (C)(7) of rule 1301:7-9-06 of the Administrative Code.

(7) If a method of UST release detection authorized in paragraph (C)(1)(a) of this rule is found to be defective, owners and operator shall comply with paragraphs (B)(6)(a) to (B)(6)(b) of this rule and may use product inventory control as a method of UST release detection.

(8) If work is performed on an existing UST system in order to meet the requirements of paragraph (C)(7) of rule 1301:7-9-06 of the Administrative Code, then the UST, piping or containments affected by the work shall meet the release detection requirements for new UST systems as described in paragraphs (B)(1) to (B)(3) of this rule except that:

(a) Containments for existing UST systems installed prior to March 1, 2005, are not required to meet the release detection requirements of paragraph (C)(8) of this rule until fifty per cent or more of the containments at the UST site undergo work pursuant to paragraph (C)(7) of rule 1301:7-9-06 of the Administrative Code.

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

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

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

(D) Methods, operation and maintenance of release detection systems on UST systems.

(1) UST release detection.

Owners and/or operators should carefully review the release detection requirements described in paragraphs (B) and (C) of this rule in order to determine which of the following methods apply to their UST system.

(a) Daily product inventory control shall be conducted as described in "American Petroleum Institute 1621-01; Recommended Practice for Bulk Liquid Stock Control of Retail Outlets."

(i) Inventory from UST systems shall be reconciled monthly. If the reconciliation for any month indicates an overage or shortage equal to or greater than one per cent of flow-through plus one hundred thirty gallons, owners and operators shall investigate the inventory discrepancy as described in "American Petroleum Institute 1621-01 Recommended Practice for Bulk Liquid Stock Control of Retail Outlets."

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

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

(b) Report any failure of a tightness test to BUSTR as a suspected release. A release is suspected and subject to the reporting requirements of sections 3737.88 and 3737.882 of the Revised Code and this chapter of the Administrative Code if a tightness test leak rate exceeds the amount designated for the testing method. Passing tightness test results do not have to be reported to the state fire marshal.

(iii) Gauging sticks and charts used in the performance of daily product inventory control as described in paragraph (D)(1)(a) of this rule shall be designed for the UST being measured and shall be maintained in working order.

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

(i) Tank liquid level measurements shall be taken at the beginning and end of a time period of at least thirty-six hours during which no liquid is added to or removed from the tank;

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

(iii) The equipment used is capable of measuring the level of product over the full range of the tank's height to the nearest one-eighth of an inch; and

(iv) A release is suspected and subject to the reporting requirements of sections 3737.88 and 3737.882 of the Revised Code and this chapter of the Administrative Code if the variation between the beginning and ending measurements exceeds the weekly or monthly standards in the following table:

Tank Capacity Weekly Standard (One test) Monthly Standard (Average of four tests)
550 gallons or less 10 gallons 5 gallons
551-1,000 gallons 13 gallons 7 gallons
1,001-2,000 gallons 26 gallons 13 gallons

(v) Gauging sticks and charts used in the performance of manual tank gauging as described in paragraph (D)(1)(b) of this rule shall be designed for the UST being measured and shall be maintained in working order.

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

(i) Equipment for automatic tank gauging shall perform one of the following:

(a) An in-tank leak test capable of detecting a two tenth of a gallon per hour leak rate from any portion of the tank at least once every thirty days: or

(b) Continuous statistical leak detection capable of detecting a two-tenth of a gallon per hour leak rate from any portion of the tank once every thirty days.

(ii) A release is suspected and subject to the reporting requirements of sections 3737.88 and 3737.882 of the Revised Code and this chapter of the Administrative Code if a two-tenth of a gallon per hour leak rate is detected from any portion of the tank.

(iii) Equipment for automatic tank gauging, including probes, sensors and monitoring units, shall be evaluated annually by a qualified person as described in paragraph (D)(5) of this rule to confirm proper calibration and operation in accordance with the manufacturer's requirements.

(d) Monitoring of the interstice of a secondarily contained UST shall comply with the following requirements:

(i) Monitoring of the interstitial space shall be performed at least once every thirty days;

(ii) A secondarily contained UST shall have an interstitial monitoring method that can detect a release through the inner wall or a failure of the outer wall in any portion of the tank that routinely contains a regulated substance;

(iii) A release is suspected and subject to the reporting requirements of sections 3737.88 and 3737.882 of the Revised Code and this chapter of the Administrative Code if any regulated substance is detected between the inner and outer wall, or if the outer wall fails; and

(iv) Equipment for interstitial monitoring, including probes, sensors and monitoring units, shall be evaluated annually by a qualified person as described in paragraph (D)(5) of this rule to confirm proper calibration and operation in accordance with the manufacturer's requirements.

(2) Piping release detection.

Owners and/or operators should carefully review the release detection requirements described in paragraphs (B) and (C) of this rule in order to determine which of the following methods apply to their UST system.

(a) Single wall piping that routinely contains regulated substances shall be monitored pursuant to paragraphs (D)(2)(c) to (D)(2)(d)(ii)(b) of this rule.

(b) Secondarily contained piping that routinely contains regulated substances shall be monitored pursuant to paragraphs (D)(2)(c) to (D)(2)(d)(ii)(b) of this rule, and the interstice of the secondarily contained piping shall be continuously monitored for releases using one of the following methods:

(i) The sampling or testing method can detect a two-tenth of a gallon per hour leak rate from any portion of the inner or outer wall of the piping that routinely contains a regulated substance. A release is suspected and subject to the reporting requirements of sections 3737.88 and 3737.882 of the Revised Code and this chapter of the Administrative Code if a two-tenth of a gallon per hour leak rate is detected from any portion of the piping, or

(ii) The piping terminates or transitions in containments and the sampling or testing method can detect a release from any portion of the inner wall of the piping that routinely contains a regulated substance pursuant to paragraph (D)(3) of this rule.

(c) Requirements for pressure piping:

(i) Underground piping that conveys regulated substances under pressure shall be equipped with an automatic line leak detector attached to the piping that will alert the operator to the presence of a leak by restricting or shutting off the flow of regulated substances through the piping or triggering an audible or visual alarm if the automatic line leak detector detect a leak of three gallons per hour at ten pounds per square inch line pressure within one hour. The owner and operator is permitted to restart the flow of regulated substances only once to verify the presence of a piping leak or an equipment malfunction. If the flow of regulated substance is restricted or shut off or in the event of an audible or visual alarm within two hours of a restart by an operator, a release is suspected and subject to the reporting requirements of sections 3737.88 and 3737.882 of the Revised Code and this chapter of the Administrative Code.

(ii) Automatic line leak detectors shall be tested annually by a qualified person pursuant to paragraph (D)(5) of this rule to confirm proper calibration and operation in accordance with the following:

(a) Automatic line leak detectors shall be tested in a manner that introduces a simulated leak into the product line between the tank and the dispenser, and the automatic line leak detector functions within design specifications and the flow of product is restricted, stopped or an alarm is activated; and

(b) Automatic line leak detectors that fail a test method shall undergo routine maintenance, modification or major repair, as appropriate, to restore the automatic line leak detectors to working order.

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

(a) Have an annual tightness test conducted in compliance with paragraph (F)(2)(a) of this rule;

(b) Have a monthly tightness test conducted by the on-site electronic line testing unit as described in paragraph (D)(2)(c) of this rule provided that the unit can detect a two-tenth of a gallon per hour leak rate at operating pressure; or

(c) Be a part of secondarily contained piping system whereby the interstice of the piping is continuously monitored pursuant to paragraph (D)(2)(b)(i) or (D)(2)(b)(ii) of this rule.

(d) Requirements for suction pumping:

(i) Underground piping that conveys regulated substances under suction shall be monitored for loss of vacuum indicated by an inability to dispense regulated substances or erratic operation of the pump. Within twenty-four hours of an UST owner and operator suspecting a loss of vacuum, the owner and operator shall initiate an investigation of the cause of the loss of vacuum. If an owner and operator is unable to make a determination of the loss of vacuum, then the loss of vacuum shall be considered a suspected release as defined in paragraph (C) of rule 1301:7-9-13 of the Administrative Code and the owner and operator shall comply with paragraph (F)(2) of rule 1301:7-9-13 of the Administrative Code. If the loss of vacuum is determined to be due to a leaking component, it shall constitute a release as defined in paragraph (C) of rule 1301:7-9-13 of the Administrative Code and the owner and operator shall comply with paragraph (F) of rule 1301:7-9-13 of the Administrative Code.

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

(a) Have a tightness test conducted every thirty-six month period in compliance with paragraph (F)(2)(a) of this rule; or

(b) Demonstrate compliance with the following safe suction requirements:

(i) The underground piping operates at less than atmospheric pressure;

(ii) The underground piping is sloped so that the contents of the pipe will drain back into the tank if the suction is released;

(iii) Only one check valve is included in each suction line;

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

(v) A method is provided that allows compliance with paragraphs (D)(2)(b)(i) to (D)(2)(b)(iv) of this rule to be readily determined.

(e) Above ground piping that routinely contains regulated substances that is fully visible to inspection is not required to be equipped with release detection. If a portion of the above ground piping is located below ground and the piping can not be easily accessed for visual inspection, then the piping must be equipped and monitored for releases release pursuant to paragraph (D)(2) of this rule.

(3) Release detection methods for containments:

Owners and/or operators should carefully review the release detection requirements described in paragraphs (B) and (C) of this rule in order to determine which of the following methods apply to their UST system.

(a) When required, containments shall be continuously monitored with sensors capable of detecting a release of a regulated substance before the release reaches the lowest penetration in the containment system. Sensors shall be located in every containment

(b) Any alarm from a sensor in any containment system shall be evaluated within twenty four hours to confirm proper operation or to confirm the presence of a release. A release is suspected and subject to the reporting requirements of sections 3737.88 and 3737.882 of the Revised Code and this chapter of the Administrative Code if any regulated substance is detected in the containment sump.

(c) The following containments shall be tested for tightness every three years in accordance with paragraph (F)(3) of this rule.

(i) All containments installed on new UST systems after March 1, 2005;

(ii) As of December 31, 2005, all containments associated with UST systems containing hazardous substances pursuant to rule 1301:7-9-03 of the Administrative Code; and

(iii) As of December 31, 2005, all containments associated with UST systems that were installed in areas designated as sensitive areas after the effective dates listed in paragraphs (C) to (E) of rule 1301:7-9-09 of the Administrative Code.

(d) Release detection equipment for containments, including probes, sensors and monitoring units, shall be evaluated annually by a qualified person as described in paragraph (D)(5) of this rule to confirm proper calibration and operation in accordance with the manufacturer's requirements.

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

(a) The method can detect a two-tenths of a gallon per hour leak rate with a probability of detection of 0.95 and a probability of falsely indicating a release of 0.05; or the owner and operator can demonstrate the method can detect a release as effectively as any of the corresponding methods allowed in paragraphs (D)(1)(c) to (D)(3)(d) of this rule. In comparing methods, the state fire marshal shall consider the size of release that the method can detect and the frequency and reliability with which it can be detected. The state fire marshal may approve, deny or rescind the method at his discretion. If the method is approved, the owner and operator shall comply with any terms and conditions imposed by the state fire marshal on its use;

(b) A release is suspected and subject to the reporting requirements of sections 3737.88 and 3737.882 of the Revised Code and this chapter of the Administrative Code if a release exceeds the leak rates established for the method approved by the state fire marshal; and

(c) Any method of release detection allowed by paragraph (D)(4) of this rule detection shall be properly monitored, operated and maintained in accordance with any terms and conditions imposed by the state fire marshal on its use. At a minimum, the method shall produce a result at least every thirty days and the method shall be maintained and operated in accordance with the manufacturer's requirements unless the state fire marshal specifies otherwise.

(5) Release detection methods described in paragraphs (D)(1)(c) to (D)(4)(c) of this rule shall be evaluated for proper operation by a qualified person who is:

(a) Recognized by the manufacturer of the release detection method to be proficient in the evaluation of the release detection method;

(b) Recognized by a third party approved by the state fire marshal to be proficient in the evaluation of the release detection method; or

(c) Recognized by the state fire marshal as proficient in the evaluation of the release detection method.

(6) All methods of release detection shall be properly installed in accordance with the manufacturer's instructions and either "Petroleum Equipment Institute Publication RP100-2005; Recommended Practices for Installation of Underground Liquid Storage Systems" or "American Petroleum Institute Publication 1615-01; Installation of Underground Petroleum Storage Systems." Where there is a conflict between requirements the more protective requirement shall prevail.

(E) Release detection recordkeeping.

UST system owners and operators shall maintain records demonstrating compliance with this chapter, and these records shall be maintained pursuant to the following:

(1) All written performance claims pertaining to any release detection system used, and the manner in which these claims have been justified or tested by the equipment manufacturer or installer, shall be maintained for the life of the UST system and for two years after the closure of the UST system in compliance with this chapter;

(2) The results of any sampling, testing, or monitoring shall be maintained for at least two years;

(3) Written documentation of all calibration, maintenance, and repair of release detection equipment permanently located at the facility, and any schedules of required calibration and maintenance provided by the release detection equipment manufacturer shall be retained for the life the equipment and for two years there after;

(4) Owners and operators shall provide the state fire marshal access to all records with twenty-four hours of a request; and

(5) Within thirty days of transfer of ownership of an UST system, the transferor shall provide the transferee with all records identified in paragraph (E) of this rule or with equivalent copies of said records.

(F) Testing methods for UST systems.

(1) Tightness testing for USTs.

(a) Tank tightness testing of the primary shell of both single wall and secondarily contained USTs shall be capable of detecting a one tenth of a gallon per hour leak rate from any portion of the primary shell while accounting for the effects of thermal expansion or contraction of the regulated substance, vapor pockets, tank deformation, evaporation or condensation, and the location of the water table.

(b) Tightness testing of the interstice of secondarily contained USTs shall be conducted in accordance with manufacturer's guidelines or standards, an applicable test method specified in an industry code or engineering standard, or a test method approved by the state fire marshal.

(2) Tightness testing for piping.

(a) Piping tightness testing of single wall pipe and the primary or inner pipe of secondarily contained pressure piping may be conducted only if it can detect a one-tenth of a gallon per hour leak rate at one and one-half times the operating pressure.

(b) Tightness testing of suction and other non-pressurized piping shall be conducted as follows:

(i) Piping that can be isolated from the UST shall be tested using a method capable of detecting a one-tenth of a gallon per hour leak rate at a minimum of fifteen pounds per square inch pressure.

(ii) Piping that can not be isolated from the UST shall be tested using a method capable of detecting a one-tenth of a gallon per hour leak rate.

(c) Tightness testing of the interstice of secondarily contained piping shall be conducted in accordance with the manufacturer's guidelines or standards, an applicable test method specified in an industry code or engineering standard, or a test method approved by the state fire marshal.

(3) Testing of containments

Testing of containments shall be performed as follows:

(a) For new containments, all penetrations must be completed prior to testing, including electrical;

(b) The containment system shall be filled with water or other approved liquid to a height that covers the highest penetration; and

(c) The test duration shall be sixty minutes with no drop in liquid levels or the method shall be capable of detecting a one tenth of a gallon per hour leak rate from the containment.

(4) All testing methods listed in paragraphs (F)(1)(a) and (F)(2)(a) of this rule shall be third party approved to perform in a manner where the method can detect a release at the designated release rate with a probability of detection of 0.95 and a probability of falsely indicating a release of 0.05. A release is suspected and subject to the reporting requirements of sections 3737.88 and 3737.882 of the Revised Code and this chapter of the Administrative Code if a leak rate exceeds the amount designated for the testing method.

(5) Testing shall be performed in accordance with the manufacturer's instructions, Petroleum Equipment Institute Publication RP100-2011; "Recommended Practices for Installation of Underground Liquid Storage Systems" and American Petroleum Institute Publication 1615-01; "Installation of Underground Petroleum Storage Systems." Where there is a conflict between requirements the more protective requirement shall prevail.

(6) No pressure testing with air shall be performed on a component of an UST system that has contained a flammable regulated substance or flammable vapors. The manufacturer's instructions for the testing method shall be followed when using gases for the test method.

(7) All testing methods defined in paragraphs (F) to (F)(3)(c) of this rule shall be performed by a person who is:

(a) Recognized by the manufacturer of the tightness testing method to be proficient in performing the testing method;

(b) Recognized by a third party approved by the state fire marshal to be proficient in performing the tightness testing method; or

(c) Recognized by the state fire marshal to be proficient in performing the tightness testing method.

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

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

(2) Prior to going into operation, a functionality test shall be performed on any new or existing UST system component that undergoes work requiring a permit under paragraph (G)(1) of this rule. The UST system shall not be placed into operation until a passing functionality result is obtained for the UST system component undergoing work.

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

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

Replaces: 1301:7-9-07, 1301:7-9-08

Cite as Ohio Admin. Code 1301:7-9-07

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

1301:7-9-07 [Effective 9/1/2017] Release detection methods and requirements for UST systems.

(A) Purpose and scope.

(1) For the purpose of prescribing rules pursuant to section 3737.88 of the Revised Code, the state fire marshal hereby adopts this rule to establish release detection requirements and methods for underground storage tanks containing petroleum or other regulated substances. This rule is adopted by the state fire marshal in compliance with Chapter 119. of the Revised Code and shall not be considered a part of the "Ohio Fire Code."

(2) Where any provision in this rule creates a duty of compliance for an owner and operator, and the owner and operator are separate persons, compliance may be attained by either person. In the event of noncompliance, both are liable.

(B) Release detection requirements for new UST systems.

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

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

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

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

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

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

(5) New UST systems that store fuel for use by emergency power generators shall comply with release detection requirements pursuant to paragraphs (B)(1) to (B)(3) of this rule, except that owners and operators may request approval of an alternative method of release detection pursuant to paragraph (D)(4) of this rule in lieu of installing automatic line leak detectors on pressure lines.

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

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

(b) Owners and operators may use product inventory control or automatic tank gauging in accordance with paragraph (D)(1)(a) or (D)(1)(c) of this rule for a period of up to sixty days after the last passing result obtained in accordance with 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 as the routine maintenance, modification or major repair of the release detection method is complete.

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

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

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

(10) Release detection equipment located on new UST systems shall meet compatibility requirements described in paragraph (D)(9) of rule 1301:7-9-06 of the Administrative Code.

(C) Release detection requirements for existing UST systems.

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

(a) Existing USTs shall be equipped and monitored for releases at least monthly using interstitial monitoring pursuant to paragraph (D)(1)(d) of this rule except that:

(i) Existing USTs installed prior to May 16, 2011, may use any of the release detection methods listed in paragraph (D)(1)(c) to (D)(1)(e) of this rule;

(ii) Existing USTs installed prior to May 16, 2011, with a capacity of five hundred fifty gallons or less and USTs with a capacity of five hundred fifty-one to one thousand gallons that meet the tank diameter criteria described in the table in paragraph (D)(1)(b)(iv) of this rule may use manual tank gauging in compliance with paragraphs (D)(1)(b) of this rule as the sole method of release detection; and

(iii) Existing USTs installed prior to May 16, 2011, with a capacity of five hundred fifty-one to two thousand gallons that do not meet the tank diameter criteria described in the table in paragraph (D)(1)(b)(iv) of this rule may still use manual tank gauging in compliance with paragraph (D)(1)(b) of the rule as a method of release detection provided that a tank tightness test is performed in accordance with paragraph (F)(1)(a) of this rule once every five years;

(b) Existing underground piping that routinely contains regulated substances shall be equipped and monitored for releases pursuant to paragraphs (D)(2)(a) to (D)(2)(d) of this rule except that:

(i) Existing piping associated with UST systems installed prior to March 1, 2005, does not have to meet the interstitial monitoring requirements as described in paragraph (D)(2)(b) of this rule;

(ii) Existing underground piping that conveys regulated substances under suction shall be equipped and monitored for releases pursuant to paragraph (D)(2)(d) of this rule;

(iii) An existing suction manifold between tanks does not have to meet the interstitial monitoring requirements as described in paragraph (D)(2)(b) of this rule; and

(c) Existing containment sumps shall be equipped and monitored for releases pursuant to paragraph (D)(3) of this rule, except:

(i) Existing containment sumps associated with UST systems installed prior to March 1, 2005, shall instead be equipped and monitored pursuant to paragraph (D)(6)(a) of rule 1301:7-9-06 of the Administrative Code, and

(ii) Containment sumps associated with UST systems installed prior to March 1, 2005, that undergo work pursuant to paragraph (C)(6) of rule 1301:7-9-06 of the Administrative Code shall comply with the release detection requirements found in paragraph (C)(7) of this rule.

(2) Existing UST systems containing hazardous substances as defined in rule 1301:7-9-03 of the Administrative Code shall be equipped and monitored using interstitial monitoring as defined in paragraphs (B)(1) and (B)(2) of this rule except that:

(a) Existing containment sumps originally configured with one release detection sensor located at the lowest point of the secondary containment system are not required to have sensors in every containment sump; and

(b) Existing underground piping and manifolds that convey hazardous substance under suction shall be equipped and monitored for releases pursuant to paragraph (B)(2) of this rule.

(3) Owners and operators using soil gas monitoring or ground water monitoring as the sole method of release detection for USTs and piping were required to comply with one of the release detection methods as provided in paragraph (D)(1)(c) or (D)(1)(d) of this rule by December 31, 2005. Owners and operators may request to continue using said methods of release detection or request to use an alternative method provided that the owner and operator receives written approval from the state fire marshal pursuant to paragraph (D)(4) of this rule.

(4) Existing UST systems containing motor or aviation petroleum fuels are no longer required to be monitored daily using product inventory control as described in paragraph (D)(1)(a) of this rule.

(5) Existing UST systems, installed prior to May 16, 2011, that store fuel for use by emergency power generators are required to be equipped with a method of release detection pursuant to paragraph (C)(1) of this rule by October 13, 2018, except that owners and operators may request approval of an alternative method of release detection pursuant to paragraph (D)(4) of this rule in lieu of installing automatic line leak detectors on pressure lines.

(6) If a method of UST release detection authorized in paragraph (C)(1)(a) of this rule is found to be defective, owners and operators shall comply with paragraph (B)(6) of this rule and may use product inventory control as a method of UST release detection.

(7) If work is performed on an existing UST system in order to meet the requirements of paragraph (C)(6) of rule 1301:7-9-06 of the Administrative Code, then the UST, piping, or containment sumps affected by the work shall meet the release detection requirements for new UST systems as described in paragraphs (B)(1) to (B)(3) of this rule, except that containment sumps for existing UST systems installed prior to March 1, 2005, are not required to meet those requirements until fifty per cent or more of the containment sumps at the UST site undergo work pursuant to paragraph (C)(6) of rule 1301:7-9-06 of the Administrative Code.

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

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

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

(11) Release detection equipment located on existing UST systems shall meet compatibility requirements described in paragraph (D)(9) of rule 1301:7-9-06 of the Administrative Code.

(D) Methods, operation and maintenance of release detection systems on UST systems.

(1) UST release detection.

Owners and operators should carefully review the release detection requirements described in paragraphs (B) and (C) of this rule in order to determine which of the following methods apply to their UST system.

(a) Daily product inventory control shall be conducted as described in American Petroleum Institute Publication RP 1621-93 (reaffirmed 2012), "Bulk Liquid Stock Control at Retail Outlets."

(i) Inventory from UST systems shall be reconciled monthly. If the reconciliation for any month indicates an overage or shortage equal to or greater than one per cent of flow-through plus one hundred thirty gallons, owners and operators shall investigate the inventory discrepancy as described in American Petroleum Institute Publication RP 1621-93 (reaffirmed 2012), "Bulk Liquid Stock Control at Retail Outlets."

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

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

(b) Report any failure of a tightness test to BUSTR as a suspected release. A release is suspected and subject to the reporting requirements of sections 3737.88 and 3737.882 of the Revised Code and this chapter of the Administrative Code if a tightness test leak rate exceeds the amount designated for the testing method. Passing tightness test results do not have to be reported to the state fire marshal.

(iii) Gauging sticks and charts used in the performance of daily product inventory control as described in paragraph (D)(1)(a) of this rule shall be designed for the UST being measured and shall be maintained in working order.

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

(i) Tank liquid level measurements shall be taken at the beginning and end of a time period using the appropriate minimum duration of test value in the table in paragraph (D)(1)(b)(iv) of this rule during which no liquid is added to or removed from the tank;

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

(iii) The equipment used is capable of measuring the level of product over the full range of the tank's height to the nearest one-eighth of an inch;

(iv) A release is suspected and subject to the reporting requirements of sections 3737.88 and 3737.882 of the Revised Code and this chapter of the Administrative Code if the variation between the beginning and ending measurements exceeds the weekly or monthly standards in the following table:

Nominal Tank Capacity

Minimum Duration of Test

Weekly Standard (One Test)

Monthly Standard (Four Test Average)

550 gallons or less

36 hours

10 gallons

5 gallons

551-1,000 gallons (when tank diameter is 64 inches)

44 hours

9 gallons

4 gallons

551-1,000 gallons (when tank diameter is 48 inches)

58 hours

12 gallons

6 gallons

551-1,000 gallons (requires tank tightness test every five years)

36 hours

13 gallons

7 gallons

1,001-2,000 gallons (requires tank tightness test every five years)

36 hours

26 gallons

13 gallons

(v) Gauging sticks and charts used in the performance of manual tank gauging as described in paragraphs (D)(1)(b) of this rule shall be designed for the UST being measured and shall be maintained in working order.

(c) Equipment for automatic tank gauging that tests for the loss of product and conducts inventory control must meet the following requirements:

(i) The automatic product level monitor test can detect a 0.2 gallon per hour leak rate from any portion of the tank that routinely contains product;

(ii) The automatic tank gauging equipment must meet the inventory control (or other test of equivalent performance) requirements of paragraph (D)(1)(a) of this rule;

(iii) The test must be performed with the system operating in one of the following modes:

(a) In-tank static testing conducted at least monthly with no less than the minimum volume required by the manufacturer of the method during the test period; or

(b) Continuous in-tank leak detection operating on an uninterrupted basis or operating within a process that allows the system to gather incremental measurements to determine the leak status of the tank at least monthly with no less than the minimum volume required by the manufacturer of the method during the test period;

(iv) A release is suspected and subject to the reporting requirements of sections 3737.88 and 3737.882 of the Revised Code and this chapter of the Administrative Code if a 0.2 gallon per hour leak rate is detected from any portion of the tank;

(v) Equipment for automatic tank gauging shall be checked monthly to ensure that the equipment is operating with no alarms or other operating conditions present and to ensure records of release detection testing are reviewed and current; and

(vi) Equipment for automatic tank gauging, including probes, sensors and monitoring units, shall be evaluated annually to confirm proper calibration and operation in accordance with the manufacturer's requirements. If the manufacturer is no longer in business, then the equipment shall be evaluated in accordance with paragraph (G) of this rule.

(d) Monitoring of the interstice of a secondarily contained UST shall comply with the following requirements:

(i) Monitoring of the interstitial space shall be performed at least monthly;

(ii) A secondarily contained UST shall have an interstitial monitoring method that can detect a release through the inner wall in any portion of the tank that routinely contains a regulated substance;

(iii) Any alarm from a sensor that is part of an interstitial monitoring method shall be evaluated within twenty-four hours to confirm proper operation or to confirm the presence of a release. A release is suspected and subject to the reporting requirements of sections 3737.88 and 3737.882 of the Revised Code and this chapter of the Administrative Code if any regulated substance is detected between the inner and outer wall; and

(iv) Equipment for interstitial monitoring, including probes, sensors and monitoring units, shall be evaluated annually by a person recognized by the manufacturer as qualified to confirm proper calibration and operation in accordance with the manufacturer's requirements. If the manufacturer has no process to recognize qualified persons or if the manufacturer is no longer in business, then the equipment shall be evaluated in accordance with paragraph (G) of this rule.

(e) Statistical inventory reconciliation (SIR) shall comply with the following requirements:

(i) Report a quantitative result with a calculated leak rate at least monthly;

(ii) Be capable of detecting a leak rate of 0.2 gallon per hour or release of one hundred fifty gallons within thirty days;

(iii) Use a threshold that does not exceed one-half the minimum detectible leak rate. In order to have confidence in the ability of SIR to detect a leak rate of 0.2 gallon per hour, the threshold for declaring a leak shall be 0.1 gallon per hour;

(iv) A release is suspected and subject to the reporting requirements of sections 3737.88 and 3737.882 of the Revised Code and this chapter of the Administrative Code if the SIR analysis indicates a threshold leak rate from the UST which is equal to or greater than 0.1 gallon per hour;

(v) Inconclusive SIR results or any analysis that is anything other than pass or fail shall be investigated as a suspected release pursuant to paragraph (C)(35)(a) of rule 1301:7-9-13 of the Administrative Code;

(vi) SIR may not be used to meet release detection requirements for piping described in paragraph (D)(2) of this rule;

(vii) SIR may not be used to meet tightness testing requirements described in paragraph (F) of this rule; and

(viii) Equipment for SIR, including gauging sticks and charts used in the performance of daily product inventory control as described in paragraph (D)(1)(a) of this rule, shall be designed for the UST being measured and shall be maintained in working order. Other probes, sensors, and monitoring units shall be evaluated annually to confirm proper calibration and operation in accordance with the manufacturer's requirements. If the manufacturer is no longer in business, then the equipment shall be evaluated in accordance with paragraph (G) of this rule.

(2) Piping release detection.

Owners and operators should carefully review the release detection requirements described in paragraphs (B) and (C) of this rule in order to determine which of the following methods apply to their UST system.

(a) Single wall piping that routinely contains regulated substances shall be monitored pursuant to paragraphs (D)(2)(c) and (D)(2)(d) of this rule.

(b) Secondarily contained piping that routinely contains regulated substances shall be monitored pursuant to paragraphs (D)(2)(c) and (D)(2)(d) of this rule, and the interstice of the secondarily contained piping shall be continuously monitored for releases using one of the following methods:

(i) The sampling or testing method can detect a 0.2 gallon per hour leak rate from any portion of the inner wall of the piping that routinely contains a regulated substance. A release is suspected and subject to the reporting requirements of sections 3737.88 and 3737.882 of the Revised Code and this chapter of the Administrative Code if a 0.2 gallon per hour leak rate is detected from any portion of the inner wall of the piping; or

(ii) The piping terminates or transitions in containment sumps and the sampling or testing method can detect a release from any portion of the inner wall of the piping that routinely contains a regulated substance pursuant to paragraph (D)(3) of this rule.

(c) Requirements for pressure piping.

(i) Underground piping that conveys regulated substances under pressure shall be equipped with an automatic line leak detector attached to the piping that will alert the operator to the presence of a leak by restricting or shutting off the flow of regulated substances through the piping or triggering an audible or visual alarm if the automatic line leak detector detects a leak of three gallons per hour at ten pounds per square inch line pressure within one hour. The owner and operator is permitted to restart the flow of regulated substances only once to verify the presence of a piping leak or an equipment malfunction. If the flow of regulated substance is restricted or shut off or in the event of an audible or visual alarm within two hours of a restart by an operator, a release is suspected and subject to the reporting requirements of sections 3737.88 and 3737.882 of the Revised Code and this chapter of the Administrative Code.

(ii) Automatic line leak detectors shall be tested annually to confirm proper calibration and operation in accordance with the manufacturer's requirements. If the manufacturer is no longer in business, then the equipment shall be evaluated in accordance with paragraph (G) of this rule. Automatic line leak detectors shall be tested in accordance with the following:

(a) Automatic line leak detectors shall be tested in a manner that introduces a simulated leak into the product line between the tank and the dispenser. Automatic line leak detectors shall function within design specifications and the flow of product shall be restricted, stopped, or an alarm shall be activated; and

(b) Automatic line leak detectors that fail a test method shall undergo routine maintenance, modification or major repair, as appropriate, to restore the automatic line leak detectors to working order.

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

(a) annual tightness test conducted in compliance with paragraph (F)(2)(a) of this rule;

(b) Have a monthly tightness test conducted by the on-site electronic line testing unit as described in paragraph (D)(2)(c) of this rule provided that the unit can detect a 0.2 gallon per hour leak rate at operating pressure; or

(c) Be a part of secondarily contained piping system whereby the interstice of the piping is continuously monitored pursuant to paragraph (D)(2)(b)(i) or (D)(2)(b)(ii) of this rule.

(d) Requirements for suction pumping.

(i) Underground piping that conveys regulated substances under suction shall be monitored for loss of vacuum indicated by an inability to dispense regulated substances or erratic operation of the pump. Within twenty-four hours of an UST owner and operator suspecting a loss of vacuum, the owner and operator shall initiate an investigation of the cause of the loss of vacuum. If an owner and operator is unable to make a determination of the loss of vacuum, then the loss of vacuum shall be considered a suspected release as defined in paragraph (C)(35) of rule 1301:7-9-13 of the Administrative Code and the owner and operator shall comply with paragraph (F)(2) of rule 1301:7-9-13 of the Administrative Code. If the loss of vacuum is determined to be due to a leaking component, it shall constitute a release as defined in paragraph (C)(26) of rule 1301:7-9-13 of the Administrative Code and the owner and operator shall comply with paragraph (F) of rule 1301:7-9-13 of the Administrative Code.

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

(a) Have a tightness test conducted every thirty-six month period in compliance with paragraph (F)(2)(b) of this rule; or

(b) Demonstrate compliance with the following safe suction requirements:

(i) The underground piping operates at less than atmospheric pressure;

(ii) The underground piping is sloped so that the contents of the pipe will drain back into the tank if the suction is released;

(iii) Only one check valve is included in each suction line;

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

(v) A method is provided that allows compliance with paragraphs (D)(2)(d)(ii)(b)(i) to (D)(2)(d)(ii)(b)(iv) of this rule to be readily determined.

(e) Above ground piping that routinely contains regulated substances that is fully visible to inspection is not required to be equipped with release detection. If a portion of the above ground piping is located below ground and the piping cannot be easily accessed for visual inspection, then the piping must be equipped and monitored for releases pursuant to paragraph (D)(2) of this rule.

(3) Release detection methods for containment sumps.

Owners and operators should carefully review the release detection requirements described in paragraphs (B) and (C) of this rule in order to determine which of the following methods apply to their UST system.

(a) When required, containment sumps shall be continuously monitored with sensors capable of detecting a release of a regulated substance before the release reaches the lowest penetration in the containment sump. Sensors shall be located in every containment sump.

(b) Any alarm from a sensor in any containment sump shall be evaluated within twenty-four hours to confirm proper operation or to confirm the presence of a release. A release is suspected and subject to the reporting requirements of sections 3737.88 and 3737.882 of the Revised Code and this chapter of the Administrative Code if any regulated substance is detected in the containment sump.

(c) Release detection equipment for containment sumps, including probes, sensors and monitoring units, shall be evaluated annually to confirm proper calibration and operation in accordance with the manufacturer's requirements. If the manufacturer is no longer in business, then the equipment shall be evaluated in accordance with paragraph (G) of this rule.

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

(a) The method can detect a 0.2 gallon per hour leak rate with a probability of detection of 0.95 and a probability of falsely indicating a release of 0.05; or the owner and operator can demonstrate the method can detect a release as effectively as any of the corresponding methods allowed in paragraphs (D)(1)(c) to (D)(3) of this rule. In comparing methods, the state fire marshal shall consider the size of release that the method can detect and the frequency and reliability with which it can be detected. The state fire marshal may approve, deny or rescind the method at his discretion. If the method is approved, the owner and operator shall comply with any terms and conditions imposed by the state fire marshal on its use;

(b) A release is suspected and subject to the reporting requirements of sections 3737.88 and 3737.882 of the Revised Code and this chapter of the Administrative Code if a release exceeds the leak rates established for the method approved by the state fire marshal; and

(c) Any method of release detection allowed by this paragraph shall be properly monitored, operated and maintained in accordance with any terms and conditions imposed by the state fire marshal on its use. At a minimum, the method shall produce a result at least every thirty days and the method shall be maintained and operated in accordance with the manufacturer's requirements unless the state fire marshal specifies otherwise.

(5) For all electronic and mechanical methods of release detection, a test of the proper operation must be performed at least annually and, at a minimum, as applicable to the facility, cover the following components and criteria:

(a) Automatic tank gauge and other controllers: test alarm, verify system configuration, test battery backup;

(b) Probes and sensors: inspect for residual buildup, ensure floats move freely, ensure shaft is not damaged; ensure cables are free of kinks and breaks, test alarm operability and communication with controller; and

(c) Vacuum pumps and pressure gauges: ensure proper communication with sensors and controller.

(E) Release detection recordkeeping.

UST system owners and operators shall maintain records demonstrating compliance with this chapter, and these records shall be maintained pursuant to the following:

(1) All written performance claims pertaining to any release detection system used, and the manner in which these claims have been justified or tested by the equipment manufacturer or installer, and any schedules of required calibration and maintenance provided by the release detection equipment manufacturer, shall be maintained for five years;

(2) The results of any sampling, testing, or monitoring, and the records of walkthrough inspections required by paragraph (E)(4) of rule 1301:7-9-06 of the Administrative Code, shall be maintained for at least one year;

(3) The records demonstrating compatibility shall be maintained for as long as the UST system is used to store the regulated substance;

(4) Written documentation of all calibration, maintenance, and repair of release detection equipment permanently located at the facility shall be maintained for at least three years;

(5) Owners and operators shall provide the state fire marshal access to all records within one business day of a request; and

(6) Within thirty days of transfer of ownership of an UST system, the transferor shall provide the transferee with all records identified in this paragraph or with equivalent copies of said records.

(F) Testing methods for UST systems.

(1) Tightness testing for USTs.

(a) Tank tightness testing of the primary shell of both single wall and secondarily contained USTs shall be capable of detecting a 0.1 gallon per hour leak rate from any portion of the primary shell while accounting for the effects of thermal expansion or contraction of the regulated substance, vapor pockets, tank deformation, evaporation or condensation, and the location of the water table.

(b) Tightness testing of the interstice of secondarily contained USTs shall be conducted in accordance with paragraphs (G)(1) to (G)(3) of this rule.

(2) Tightness testing for piping.

(a) Piping tightness testing of single wall pipe and the primary or inner pipe of secondarily contained pressure piping may be conducted only if it can detect a 0.1 gallon per hour leak rate at one and one-half times the operating pressure, or equivalent.

(b) Tightness testing of suction and other non-pressurized piping shall be conducted as follows:

(i) Piping that can be isolated from the UST shall be tested using a method capable of detecting a 0.1 gallon per hour leak rate at a minimum of fifteen pounds per square inch pressure, or equivalent; and

(ii) Piping that cannot be isolated from the UST shall be tested using a method capable of detecting a 0.1 gallon per hour leak rate.

(c) Tightness testing of the interstice of secondarily contained piping shall be conducted in accordance with paragraphs (G)(1) to (G)(3) of this rule.

(3) Testing of containment sumps and spill prevention equipment shall be conducted in accordance with paragraphs (G)(1) to (G)(3) of this rule.

(4) All testing methods used to comply with paragraphs (F)(1)(a), (F)(2)(a), and (F)(2)(b) 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. Testing methods used to comply with paragraphs (F)(1)(b), (F)(2)(c), and (F)(3) of this rule are not required to be third party approved

(5) The results from tightness testing methods performed in accordance with this chapter of the Administrative Code or the results from tightness testing methods for other activities such as but not limited to routine maintenance, UST system audits or property divestments shall be managed as follows:

(a) 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 except that:

(i) Non-passing results attributed to a failure of the outer wall of USTs described in paragraph (F)(1)(b) of this rule are not a suspected release, unless other release conditions pursuant to paragraph (C)(35) of rule 1301:7-9-13 of the Administrative Code are present;

(ii) Non-passing results attributed to a failure of the outer wall of piping described in paragraph (F)(2)(c) of this rule are not a suspected release unless other release conditions pursuant to paragraph (C)(35) of rule 1301:7-9-13 of the Administrative Code are present;

(iii) Non-passing results attributed to a failure of containment sumps or spill prevention equipment described in paragraph (F)(3) of this rule are not a suspected release unless other release conditions pursuant to paragraph (C)(35) of rule 1301:7-9-13 of the Administrative Code are present; or

(iv) Non-passing results that are part of preliminary tightness tests of components undergoing permit activities described in paragraph (C)(1) of rule 1301:7-9-10 of the Administrative Code are not a suspected release unless other release conditions pursuant to paragraph (C)(35) of rule 1301:7-9-13 of the Administrative Code are present.

(b) Any components required by this chapter that fail to achieve a passing result shall be immediately assessed and restored to working order in accordance with paragraph (G) of this rule or paragraph (E) of rule 1301:7-9-06 of the Administrative Code.

(6) No pressure testing with air shall be performed on a component of an UST system that has contained a flammable regulated substance or flammable vapors. The manufacturer's instructions for the testing method shall be followed when using gases for the test method.

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

(1) All release detection systems and tightness testing methods shall be properly designed, constructed, installed, modified, repaired, operated and maintained in accordance with the requirements of this rule. Release detection components and tightness testing methods not specifically addressed in this rule shall comply with the manufacturer's instructions or codes of practice developed by nationally recognized associations or independent testing laboratories or other industry best practices.

(2) All release detection systems and tightness testing methods shall be properly designed, constructed, installed, modified, repaired, operated and maintained by a qualified person in accordance with the requirements of this rule.

(a) Any person performing activities in accordance with this rule shall check paragraph (C) of rule 1301:7-9-10 of the Administrative Code prior to performing the activities to determine if a permit is required. Any activities requiring a permit 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.

(b) For activities that do not require a permit, or if the rule does not specifically identify a type of qualified person, then owners and operators may allow any person to perform such activities provided they follow manufacturer's instructions or codes of practice developed by nationally recognized associations or independent testing laboratories or other industry best practices.

(3) The following codes of practice may be used to comply with this rule:

(a) American Petroleum Institute Publication RP 1615-11, "Installation of Underground Hazardous Substances or Petroleum Storage Systems";

(b) Petroleum Equipment Institute Publication RP100-17, "Recommended Practices for Installation of Underground Liquid Storage Systems"; or

(c) Petroleum Equipment Institute Publication RP1200-17, "Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities."

(4) 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)(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.

(5) Performing work pursuant to this rule does not relieve a person engaged in UST activity from the obligation to comply with any other applicable federal, state, or local laws and regulations, including but not limited to, the Ohio Fire Code and the Ohio Building Code.

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

(H) Requirements for airport hydrant systems or field constructed tank systems.

(1) New and existing airport hydrant systems or new and existing field constructed tank systems shall comply with the release detection, operation, and maintenance requirements found in Subpart K of Part 280 of Title 40 Chapter I of the Code of Federal Regulations except that:

(a) Qualifying systems shall comply with the deadlines and conditions identified in rule 1301:7-9-01 of the Administrative Code;

(b) Vapor monitoring and groundwater monitoring shall not be used as methods of release detection unless approved pursuant to paragraph (G)(6) of this rule; and

(c) In addition to completing the walkthrough inspection requirements pursuant to paragraph (E)(4) of rule 1301:7-9-06 of the Administrative Code, owners and operators shall visually check hydrant pits and hydrant piping vaults for evidence of leaks or damage and remove any liquid or debris found. The check shall be performed monthly, unless confined spaced entry is required, in which case the check is required at least annually.

(2) New and existing airport hydrant systems or new and existing field constructed tank systems shall comply with the design, installation, construction, operation, maintenance and walkthrough inspection requirements found in paragraph (F) of rule 1301:7-9-06 of the Administrative Code.

(3) Owners and operators of new and existing airport hydrant systems or new and existing field constructed tank systems may request to use alternative methods pursuant to paragraph (G)(6) of this rule.

Replaces: 1301:7-9-07

Cite as Ohio Admin. Code 1301:7-9-07

Effective: 9/1/2017
Five Year Review (FYR) Dates: 07/31/2022
Promulgated Under: 119.03
Statutory Authority: 3737.88
Rule Amplifies: 3737.88
Prior Effective Dates: 6/6/85, 5/9/88, 11/5/90, 1/1/97, 3/31/99, 3/1/05, 12/31/05, 5/16/11

1301:7-9-08 [Rescinded] Operating requirements for UST systems.

Cite as Ohio Admin. Code 1301:7-9-08

Effective: 05/16/2011
R.C. 119.032 review dates: 11/24/2010
Promulgated Under: 119.03
Statutory Authority: 3737.88
Rule Amplifies: 3737.88
Prior Effective Dates: 6/6/85, 5/9/88, 11/5/90, 1/1/97, 3/31/99, 3/1/05, 12/31/05

1301:7-9-09 [Effective until 9/1/2017] Sensitive areas.

(A) Purpose and scope.

For the purpose of prescribing rules pursuant to division (A)(2) of section 3737.88 of the Revised Code, the state fire marshal hereby adopts this rule to designate areas of this state as being sensitive for the protection of human health and the environment. This rule is adopted by the state fire marshal in accordance with Chapter 119. of the Revised Code and shall not be considered part of the "Ohio Fire Code."

(B) An area is defined as a sensitive area if the area meets one or more of the following criteria:

(1) The following areas associated with an aquifer declared by the federal government under the Safe Drinking Water Act ( 42 U.S.C. 300f to 300j26, as amended through January 7, 2011):

(a) Areas on Catawba island in Ottawa county;

(b) Areas in Guernsey county located within the following described boundaries:

Township Section(s)

T8N-R9W 4,5,6,7,8,9

"R" stands for range. "T" stands for township. "N" stands for north. "W" stands for west.

(c) Areas associated with the buried valley aquifer system of the Great Miami/Little Miami river basins of southwestern Ohio petitioned for by the Miami Valley regional planning commission of Dayton, Ohio as determined by the U.S. environmental protection agency at 53 Fed. Reg. 15876 (1988), located within the following described boundaries:

(i) Areas in Champaign county located within the following described boundaries:

Township Section(s)
R10T4 6, 12
R10T5 6, 12, 18, 30, 36
R10T6 24, 30, 36
R11T4 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 16, 17, 18, 22, 23,29, 30, 36
R11T5 1, 2, 3, 4, 5, 6, 7, 13, 18, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36
R11T6 19, 31, 32, 33, 34, 35, 36
R12T4 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 24, 25, 31
R12T5 1, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 29, 30, 31, 32, 33, 34, 35, 36
R13T4 1, 2, 3, 7, 8, 9, 13, 14, 15, 19, 20, 21, 25, 26, 27
R13T5 19, 20, 25, 26, 31, 32

"R" stands for range. "T" stands for township.

(ii) Areas in Clark county located within the following described boundaries:

Township Section(s)
R8T3 6, 12, 17, 18, 23, 24, 29, 30, 36
R9T3 1, 2, 7, 8, 13, 14, 19, 20, 21, 25, 26, 27, 28, 29, 30,31, 32, 33, 34,35, 36
R9T4 6, 10, 11, 12, 16, 17, 21, 22, 27, 31, 32, 33
R9T5 12, 18, 21, 22, 23, 24, 28, 29, 30
R10T4 1, 2, 3, 4, 5, 7, 8
R10T5 1, 2, 3, 4, 5, 7, 8, 9, 10, 11, 13, 14, 15, 17, 29, 33, 34, 35
R10T6 23, 28, 29, 33, 34, 35

"R" stands for range. "T" stands for township.

(iii) Areas in Greene county located within the following described boundaries:

Township Section(s)
R5T4 17, 18, 22, 23, 24, 30
R6T2 1, 2
R6T3 18, 24, 25, 26, 27, 28, 29, 30, 31, 32
R7T2 1, 2, 6, 8, 12
R7T3 2, 3, 7, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 29, 30, 31, 32, 36
R7T4 18, 23, 24, 28, 29, 33, 34
R8T2 1, 2, 3, 7, 8
R8T3 10, 13, 14, 15, 16, 19, 20, 21, 22, 25, 26, 27, 28, 31, 32, 33, 34
R8T4 13

"R" stands for range. "T" stands for township.

Survey Tract(s)

386, 387, 389, 390, 417, 429, 432, 435, 438, 548, 571, 574, 576, 577, 598, 603, 616, 870, 904, 925, 929, 975, 1044, 1281, 1295, 1297, 1378, 1391, 1965, 2233, 2235, 2238, 2241, 2243, 2244, 2263, 2264, 2267, 2272, 2312, 2358, 2359, 2383, 2424, 2425, 2426, 2435, 2474, 2475, 2565, 2566, 3096, 3576, 3583, 3610, 3908, 3916, 4148, 4371, 4499, 4651, 4704, 4730, 4871, 9474, 10721, 12248

(iv) Areas in Logan county located within the following described boundaries:

Township Section(s)
R13T4 4, 5, 10, 16
R13T5 17, 21, 22, 23, 27, 28, 29, 33, 34, 35, 36

"R" stands for range. "T" stands for township.

Survey Tract(s)

4493, 4525, 9878, 10109, 10718, 10719, 12099

(v) Areas in Miami county located within the following described boundaries:

Township Section(s)
R9T1 6
R9T2 3, 4, 5, 6, 10, 11, 12, 17, 18, 23, 24, 30, 31, 32, 33, 34, 35, 36
R10T1 1, 2, 3, 4, 7, 8, 9, 10, 11, 12, 17, 18, 23, 24
R10T2 19, 25, 26, 31, 32, 33
R11T1 13, 17, 18, 19, 20, 23, 24, 26, 27
R12T1 19, 20, 25, 26, 27, 31, 32, 33
T7N-R4E 1, 2, 3, 10
T6N-R5E 12, 13
T4N-R6E 3, 4, 5, 6, 7, 10, 11, 14, 23, 24, 25, 26, 35, 36
T8N-R4E 36
T7N-R5E 17, 18, 19, 20, 28, 29, 30, 31, 32, 33
T5N-R6E 5, 8, 9, 16, 17, 20, 21, 22, 27, 28, 29, 31, 32, 33, 34
T6N-R6E 32
T7N-R6E 31, 32

"R" stands for range. "T" stands for township. "N" stands for north. "E" stands for east.

(vi) Areas in Montgomery county located within the following described boundaries:

Township Section(s)
R5T2 28, 29, 34, 35, 36
R6T1 3, 4, 5, 9, 10, 11, 12, 14, 15, 16, 17, 18, 21, 22, 25, 26, 27, 28, 31, 32
R7T1 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14
R7T2 13, 14, 17, 18, 20, 21, 22, 23, 24, 27, 28, 29, 30, 32, 33, 34, 35, 36
R8T1 2, 3, 4, 5
R8T2 13, 19, 25, 31, 32, 33, 34, 35, 36
T3N-R4E 1, 3, 4, 5, 10, 11, 12, 13, 14, 23, 24
T4N-R4E 1, 12, 17, 18, 19, 20, 21, 23, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35,36
T5N-R4E 26, 35, 36
T2N-R5E 2, 3, 7, 10, 15, 17, 18, 19, 20, 22, 23, 26, 27, 28, 29, 30
T3N-R5E 6, 7, 16, 17, 21, 24, 25, 26, 27, 28, 32, 33, 34, 35, 36
T4N-R5E 9, 10, 13, 14, 15, 16, 23, 24, 25
T5N-R5E 2, 3, 10, 11, 14, 15, 22, 23, 24, 25, 26, 36
T1N-R6E 3, 4, 5, 8, 17, 18, 19, 30
T2N-R6E 1, 2, 4, 5, 6, 8, 9, 11, 12, 13, 14, 15, 16, 19, 21, 22, 27, 28, 29, 30, 31, 32, 33, 34
T3N-R6E 1, 2, 11, 13, 14, 23, 24, 26, 30, 31, 32, 35

"R" stands for range. "T" stands for township. "N" stands for north. "E" stands for east.

(vii) Areas in Preble county located within the following described boundaries:

Township Section(s)
T6N-R2E 3, 9, 10, 15, 16
T4N-R3E 1, 2
T5N-R3E 2, 3, 4, 5, 9, 10, 11, 15, 22, 25, 26, 27, 34, 35, 36
T6N-R3E 3, 4, 32, 34
T7N-R3E 21, 22, 27, 28, 33, 34

"R" stands for range. "T" stands for township. "N" stands for north. "E" stands for east.

(viii) Areas in Shelby county located within the following described boundaries:

Township Section(s)
T9N-R5E 1, 2, 3, 9, 10, 11, 12, 13
T7N-R6E 5, 6, 7, 8, 17, 18, 19, 20, 29, 30
T8N-R6E 31, 32

"R" stands for range. "T" stands for township. "N" stands for north. "E" stands for east.

(d) Areas associated with the southern portion of the buried valley aquifer system of the Great Miami/Little Miami river basins of southwestern Ohio petitioned for by the Ohio-Kentucky-Indiana regional council of governments of Cincinnati, Ohio as determined by the U.S. environmental protection agency at 53 Fed. Reg. 25670 (1988), located within the following described boundaries:

(i) Areas in Butler county located within the following described boundaries:

Township Section(s)
R2T1 3, 4, 5, 6, 8, 9, 10, 11, 14, 15, 20
R3T1 1, 2, 3
R2T2 3, 4, 5, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 21, 22, 23, 24, 27, 28, 29, 30, 33, 34, 35, 36
R3T2 22, 26, 27, 28, 31, 32, 33, 34
R3T3 12
R4T1 1, 2, 3
R4T2 7, 8, 12, 13, 14, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 32, 33, 34
T3N-R2E 13, 14, 15, 22, 23, 24, 25, 26, 27, 28, 32, 33, 34, 35, 36
T1N-R3E 5, 6, 7, 8, 18
T5N-R1E 2, 11, 14, 23, 24, 25, 36
T4N-R2E 1, 12
T5N-R2E 25, 30, 31
T2N-R3E 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 20, 21, 22, 23, 24, 28, 29, 32
T3N-R3E 29, 30, 31, 32, 33, 34, 36
T1N-R4E 4, 5, 6, 7, 8, 18
T2N-R4E 1, 2, 10, 11, 12, 13, 14, 15, 21, 22, 27, 28, 29, 30, 31, 32, 33

"R" stands for range. "T" stands for township. "N" stands for north. "E" stands for east.

(ii) Areas in Clermont county located within the following described boundaries:

Survey Tract(s)

430, 590, 631, 1017, 1545, 1748, 1767, 2195, 4848

(iii) Areas in Hamilton county located within the following described boundaries:

Township Section(s)
R1T1 1, 2, 3, 4, 7, 8, 9
R1T2 28, 29, 30, 34
R1T3 1, 2, 3, 6, 7, 8, 9, 12
R1T4 24, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36
R1T5 13, 14, 17, 18, 19, 23, 26, 27, 28
R2T1 19, 25
R2T2 1, 7
R2T3 19, 25, 31
R2T4 13
T1N-R1E 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, 15, 16, 17, 20, 21, 22, 27,28, 29, 30, 31, 32
T1N-R2E 6, 7
T2N-R1E 1, 2, 3, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 24, 25, 28, 29, 30, 32, 33, 36
T2N-R2E 3, 4, 5, 6, 7, 8, 9, 16, 17, 18, 19, 30, 31
FR1T1 5, 6
FR1T2 35, 36
FR1T4 12, 17, 18, 23, 24, 29, 30, 35
FR1T5 23, 24, 29, 30
FR2T1 5, 6, 11, 12, 17, 21, 22, 23, 24, 27, 31, 32, 33
FR2T3 1, 4, 5, 6, 10, 11, 12, 13, 16, 17, 18, 19, 20, 21, 22, 23, 25, 26, 27, 28
FR2T4 3, 9, 13, 14, 15, 16, 19, 20, 21, 22, 23, 25, 28, 29, 31, 34, 35, 36
FR2T5 18, 22, 23, 24, 28, 33, 34

"R" stands for range. "T" stands for township. "N" stands for north. "E" stands for east. "FR" stands for Fractional Range.

Survey Tract(s)

395, 410, 427, 535, 536, 552, 1575, 1723, 1769, 1775, 2204

(iv) Areas in Warren county located within the following described boundaries:

Township Section(s)
R2T4 10, 11, 12, 16, 17
R3T3 4, 5, 6
R3T4 1, 2, 5, 6, 7, 8, 10, 11, 12, 16, 17, 21, 22, 27, 28, 33,34, 35, 36
R3T5 7, 13, 19, 25, 31
R4T2 1, 2
R4T3 31
R4T4 4, 5, 6, 10, 11
R5T2 27, 31, 32, 33
R5T3 1
R5T4 20, 21, 25, 26, 31
T1N-R5E 3, 4, 5, 6, 7, 8
T2N-R5E 26, 27, 28, 29, 30, 31, 32, 33, 34

"R" stands for range. "T" stands for township. "N" stands for north. "E" stands for east.

Survey Tract(s)

399, 421, 520, 598, 631, 791, 1494, 1500, 1546, 1547, 1548, 2464, 2527

(e) Areas associated with the Allen county area combined aquifer system ("ACACAS") as petitioned for by Spencerville Dumpbusters, Inc. of Spencerville, OH as determined by the U.S. environmental protection agency at 57 Fed. Reg. 53111 (1992), located within the following described boundaries:

(i) Areas in Allen county located within the following described boundaries:

Township Section(s)
T2S R5E 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36
T2S R6E 31
T3S R4E 1, 2, 3, 10, 11, 12, 13, 14, 15, 22, 23, 24, 25, 26, 27, 34, 35, 36
T3S R5E 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21,22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36
T3S R6E 6, 7, 18, 19, 29, 30, 31, 32
T4S R4E 1, 2, 3, 10, 11, 12, 13, 14, 15
T4S R5E 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18
T4S R6E 4, 5, 6, 7, 8, 9, 17, 18, 19, 29, 30

"R" stands for range. "T" stands for township. "S" stands for south. "E" stands for east.

(ii) Areas in Auglaize county located within the following described boundaries:

Township Section(s)
T4S R4E 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36
T4S R5E 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36
T4S R6E 31, 32
T5S R4E 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 23, 24, 26
T5S R5E 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 21, 22, 23, 24, 25, 26, 27
T5S R6E 5, 6, 7, 8

"R" stands for range. "T" stands for township. "S" stands for south. "E" stands for east.

(iii) Areas in Mercer county located within the following described boundaries:

Township Section(s)
T4S R2E 1, 12, 13
T4S R3E 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17,18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36
T5S R3E 1, 2, 3, 4, 5, 10, 11, 12, 13, 14, 23, 24, 26

"R" stands for range. "T" stands for township. "S" stands for south. "E" stands for east.

(iv) Areas in Putnam county located within the following described boundaries:

Township Section(s)
T1S R4E 24, 25, 35, 36
T1S R5E 19, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36
T2S R5E 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17,18
T2S R6E 6

"R" stands for range. "T" stands for township. "S" stands for south. "E" stands for east.

(v) Areas in Van Wert county located within the following described boundaries:

Township Section(s)
T2S R4E 1, 2, 11, 12, 13, 14, 15, 16, 17, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36
T3S R3E 1, 10, 11, 12, 13, 14, 15, 16, 21, 22, 23, 24, 25, 26, 27, 28, 29, 31, 32, 33, 34, 35, 36
T3S R4E 4, 5, 6, 7, 8, 9, 16, 17, 18, 19, 20, 21, 28, 29, 30, 31, 32, 33
T4S R4E 4, 5, 6, 7, 8, 9, 16, 17, 18

"R" stands for range. "T" stands for township. "S" stands for south. "E" stands for east.

(f) Areas associated with the buried valley aquifer system of the Great Miami/Little Miami river basins of southwestern Ohio petitioned for by the Miami Valley regional planning commission of Dayton, Ohio as determined by the U.S. environmental protection agency at 53 Fed. Reg. 15876 (1988), and areas associated with the southern portion of the buried valley aquifer system of the Great Miami/Little Miami river basins of southwestern Ohio petitioned for by the Ohio-Kentucky-Indiana regional council of governments of Cincinnati, Ohio as determined by the U.S. environmental protection agency at 53 Fed. Reg. 25670 (1988), located within the following described boundaries:

(i) Areas in Butler county located within the following described boundaries:

Township Section(s)
R2T3 227, 28, 32, 33, 34
R4T2 15
T2N-R3E 30, 31
T2N-R4E 23, 24

"R" stands for range. "T" stands for township. "N" stands for north. "E" stands for east.

(ii) Areas in Hamilton county located within the following described boundaries:

Township Section(s)
R1T1 10
R1T5 20
R2T4 7
FR1T4 34
R3T4 7

"R" stands for range. "T" stands for township. "FR" stands for fractional range.

(iii) Areas in Montgomery county located within the following described boundaries:

Township Section (s)
R8T2 4, 5, 6

"R" stands for range. "T" stands for township.

(iv) Areas in Warren county located within the following described boundaries:

Township Section (s)
T1N-R5E 1, 2

"R" stands for range. "T" stands for township. "N" stands for north. "E" stands for east.

(2) The area is located within fifty horizontal feet of a private water supply well or developed spring not located on the same site as the UST system;

(3) The area is located within one of the following and is not located on the same site as the UST system:

(a) One hundred horizontal feet of a water supply well designated by Ohio environmental protection agency to be a public water supply and which has a net production rate of less than or equal to ten thousand gallons per day; or

(b) Two hundred horizontal feet of a water supply designated by Ohio environmental protection agency to be a public water supply and which has a net production rate of greater than ten thousand gallons per day to less than or equal to fifty thousand gallons per day; or

(c) Three hundred horizontal feet of a water supply designated by Ohio environmental protection agency to be a public water supply and which has a net production rate of greater than fifty thousand gallons per day.

(4) The area is located within a half-circle shaped area one thousand feet upstream of a public water supply surface water intake where the base line of the half-circle is perpendicular to the stream at the intake and has a diameter of two thousand feet, and where the midpoint of the base line is the intake, and where the radius of the half-circle is one thousand feet, unless the owner or operator demonstrates to the state fire marshal that the UST system is located or will be located in a surface water drainage area that is actually downstream of the intake.

(5) The area is located within two hundred horizontal feet of a lake or reservoir. To be considered a lake or reservoir for purposes of this paragraph the average surface area of the body of water must be a minimum of five acres.

(6) The area is located within one hundred horizonal feet of a man-made underground structure, tunnel or cavity used primarily for pedestrian traffic or passenger-carrying vehicles;

(C) An area is defined as a sensitive area if the area meets any of the criteria listed in paragraphs (B)(1)(a) to (B)(1)(d) or paragraphs (B)(2) to (B)(6) of this rule on or after September 1, 1992.

(D) An area is defined as a sensitive area if the area meets any of the criteria listed in paragraph (B)(1)(e) of this rule on or after March 31, 1999.

(E) An area is defined as a sensitive area if the area meets any of the criteria listed in paragraph (B)(1)(f) of this rule on or after March 1, 2005.

Cite as Ohio Admin. Code 1301:7-9-09

Effective: 07/01/2012
R.C. 119.032 review dates: 12/23/2011 and 03/15/2017
Promulgated Under: 119.03
Statutory Authority: 3737.88
Rule Amplifies: 3737.88
Prior Effective Dates: 9/1/92, 3/31/99, 3/1/05

1301:7-9-09 [Rescinded effective 9/1/2017] Sensitive areas.

Cite as Ohio Admin. Code 1301:7-9-09

Effective: 9/1/2017
Five Year Review (FYR) Dates: 05/17/2017
Promulgated Under: 119.03
Statutory Authority: 3737.88(A)(2)
Rule Amplifies: 3737.88(A)(2)
Prior Effective Dates: 9/1/92, 3/31/99, 3/1/05, 7/1/12

1301:7-9-10 [Effective until 9/1/2017] Permits for UST systems.

(A) Purpose and scope.

For the purpose of prescribing rules pursuant to section 3737.88 of the Revised Code, the state fire marshal hereby adopts this rule to establish permit requirements for underground storage tanks containing petroleum or other regulated substances. This rule is adopted by the state fire marshal in accordance with Chapter 119. of the Revised Code and shall not be considered a part of the "Ohio Fire Code."

(B)

(C) Permits.

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

(a) Install;

(b) Remove;

(c) Close-in-place;

(d) Take out of service more than ninety days;

(e) Perform a change in service;

(f) Perform a major repair of an UST system that has caused a release; or

(g) Perform a modification of an UST system or component.

(2) A permit is not required to operate an UST system or perform routine maintenance or normal operational upkeep of an UST system.

(3) A permit must be obtained prior to any permit related activity taking place. The state fire marshal or the local fire agency that has been given delegated authority pursuant to rule 1301:7-9-15 of the Administrative Code having jurisdiction over the location where the activity is to take place may give verbal approval to allow permit related activity to be performed prior to the issuance of a permit on a case by case basis.

(4) Any person engaged in an activity requiring a permit shall submit a permit application form prescribed by the state fire marshal accompanied by any drawings or additional information required on the prescribed application form. A permit shall be obtained for any of the activities described in paragraph (C)(1) of this rule from the local fire agency that has been given delegated authority pursuant to rule 1301:7-9-15 of the Administrative Code having jurisdiction over the location where the activity is to take place. Otherwise, the permit shall be obtained from the fire marshal.

(a) The authority issuing the permit shall review the permit application and, if the authority determines that the proposed activity is in compliance with this rule and that the appropriate fee has been paid, the authority shall issue the permit. The authority may place upon the permit such terms and conditions as the authority determines to be necessary to bring the proposed activity into compliance with this chapter.

(b) Any permit issued under this paragraph shall not be construed as authority to violate any provision of this chapter.

(c) The state fire marshal may revoke any permit pursuant to Chapter 119. of the Revised Code if upon inspection any violation of this chapter exists, if conditions of a permit have been violated, or if there has been any false statement or misrepresentation as to a material fact on the permit application or supporting documentation.

(5) For permits obtained from the state fire marshal, the permit fee shall be thirty-five dollars for each location described in the permit application. Inspections conducted by a state fire marshal employee shall be billed at a rate of sixty dollars per hour for each hour or fraction thereof at the inspection location. The state fire marshal may bill the owner of the underground storage tank or the owner of the property where the underground storage tank is located. Permit and inspection fees for permits obtained from a local fire agency that has been delegated authority pursuant to rule 1301:7-9-15 of the Administrative Code shall be established by the local fire agency.

(6) No person shall operate any UST system or portion thereof upon which there are past due permit fees or inspection fees owed to the state fire marshal. Inspection fees will be considered past due if they are not actually received by the state fire marshal within thirty days of the date of the invoice. Nothing in this paragraph shall be construed to establish inspection fees charged by an UST inspector certified pursuant to rule 1301:7-9-15 of the Administrative Code.

(7) Obtaining a permit pursuant to this rule does not relieve a person engaged in underground storage tank activity from the obligation of obtaining any other applicable federal, state, or local permits. Nor does it relieve a person engaged in underground storage tank activity from the obligation of complying with any other applicable federal, state, or local laws and regulations.

(D) Certified UST installers and UST inspectors.

(1) All activity requiring a permit shall be supervised by an installer certified pursuant to rule 1301:7-9-11 of the Administrative Code. All activity requiring a permit shall be inspected by an employee of the state fire marshal or a certified UST inspector who has been certified by the state fire marshal to conduct such inspections pursuant to rule 1301:7-9-15 of the Administrative Code. No person shall operate any UST system or portion thereof until the activity requiring a permit has been inspected.

Cite as Ohio Admin. Code 1301:7-9-10

Effective: 07/01/2012
R.C. 119.032 review dates: 12/23/2011 and 03/15/2017
Promulgated Under: 119.03
Statutory Authority: 3737.88
Rule Amplifies: 3737.88
Prior Effective Dates: 9/1/92, 1/1/97, 3/31/99, 3/1/05

1301:7-9-10 [Effective 9/1/2017] Permits for UST systems.

(A) Purpose and scope.

For the purpose of prescribing rules pursuant to section 3737.88 of the Revised Code, the state fire marshal hereby adopts this rule to establish permit requirements for underground storage tanks containing petroleum or other regulated substances. This rule is adopted by the state fire marshal in accordance with Chapter 119. of the Revised Code and shall not be considered a part of the "Ohio Fire Code."

(B) Storage tank systems that are partially exempt as described in paragraph (E) of rule 1301:7-9-01 of the Administrative Code are not required to obtain a permit for activities listed in paragraph (C)(1) of this rule or use certified UST installers and UST inspectors as described in paragraph (D) of this rule.

(C) Permits.

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

(a) Installation;

(b) Removal;

(c) Closure-in-place;

(d) Removal from service more than ninety days;

(e) Performance of a change in service;

(f) Performance of a change of product;

(g) Performance of a major repair of an UST system that has caused a release; or

(h) Performance of 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 unless the state fire marshal or the local fire agency that has been given delegated authority pursuant to rule 1301:7-9-15 of the Administrative Code having jurisdiction over the location where the activity is to take place gives verbal approval or establishes an alternative notification process to allow permit related activity to be performed prior to the issuance of a permit .

(4) Any person engaged in an activity requiring a permit shall submit a permit application form prescribed by the state fire marshal accompanied by any drawings or additional information required on the prescribed application form. A permit shall be obtained for any of the activities described in paragraph (C)(1) of this rule from the local fire agency that has been given delegated authority pursuant to rule 1301:7-9-15 of the Administrative Code having jurisdiction over the location where the activity is to take place. Otherwise, the permit shall be obtained from the state fire marshal.

(a) The authority issuing the permit shall review the permit application and, if the authority determines that the proposed activity is in compliance with this rule and that the appropriate fee has been paid, the authority shall issue the permit. The authority may place upon the permit such terms and conditions as the authority determines to be necessary to bring the proposed activity into compliance with this chapter.

(b) Any permit issued under this paragraph shall not be construed as authority to violate any provision of this chapter.

(c) The state fire marshal may revoke any permit pursuant to Chapter 119. of the Revised Code if upon inspection any violation of this chapter exists, if conditions of a permit have been violated, or if there has been any false statement or misrepresentation as to a material fact on the permit application or supporting documentation.

(5) For permits obtained from the state fire marshal, the permit fee shall be thirty-five dollars for each location described in the permit application. Inspections conducted by a state fire marshal employee shall be billed at a rate of sixty dollars per hour for each hour or fraction thereof at the inspection location. The state fire marshal may bill the owner of the underground storage tank or the owner of the property where the underground storage tank is located. Permit and inspection fees for permits obtained from a local fire agency that has been delegated authority pursuant to rule 1301:7-9-15 of the Administrative Code shall be established by the local fire agency.

(6) No person shall operate any UST system or portion thereof upon which there are past due permit fees or inspection fees owed to the state fire marshal. Inspection fees will be considered past due if they are not actually received by the state fire marshal within thirty days of the date of the invoice. Nothing in this paragraph shall be construed to establish inspection fees charged by an UST inspector certified pursuant to rule 1301:7-9-15 of the Administrative Code.

(7) Obtaining a permit pursuant to this rule does not relieve a person engaged in underground storage tank activity from;

(a) The obligation of obtaining any other applicable federal, state, or local permits, or

(b) The obligation of complying with any other applicable federal, state, or local laws and regulations.

(D) Certified UST installers and UST inspectors.

All activity requiring a permit shall be supervised by an installer certified pursuant to rule 1301:7-9-11 of the Administrative Code, unless instructed otherwise by this chapter. All activity requiring a permit shall be inspected by an employee of the state fire marshal or a certified UST inspector who has been certified by the state fire marshal to conduct such inspections pursuant to rule 1301:7-9-15 of the Administrative Code, unless instructed otherwise by this chapter. No person shall operate any UST system or portion thereof until the activity requiring a permit has been inspected.

Cite as Ohio Admin. Code 1301:7-9-10

Effective: 9/1/2017
Five Year Review (FYR) Dates: 05/17/2017 and 07/31/2022
Promulgated Under: 119.03
Statutory Authority: 3737.88
Rule Amplifies: 3737.88
Prior Effective Dates: 9/1/92, 1/1/97, 3/31/99, 3/1/05, 7/1/12

1301:7-9-11 [Effective until 9/1/2017] Underground storage tank installer certification and training.

(A) Purpose and scope.

For the purpose of prescribing rules pursuant to section 3737.881 of the Revised Code, the state fire marshal hereby adopts this rule to establish underground storage tank installer certification and training requirements. This rule is adopted by the state fire marshal in accordance with Chapter 119. of the Revised Code and shall not be considered part of the "Ohio Fire Code".

(B) Supervising the following activities while being physically on site shall constitute supervision over the installation or replacement of UST systems:

(1) Preparation of the excavation immediately prior to receiving backfill and any component of the UST system;

(2) Setting of the UST system, including placement of any anchoring devices, backfilling to the level of the UST system, and strapping, if any;

(3) Any time during the installation in which components of the piping are connected, field coated, or cathodically protected;

(4) Any time during the installation of containment system components;

(5) All pressure testing of any component of the UST system;

(6) Completion of the backfilling and filling of the excavation; and

(7) The final precision test and the test of any release detection systems required by rule 1301:7-9-07 of the Administrative Code.

(C) Supervising the following activities while being physically on site shall constitute supervision over the performance of major repairs on site to UST systems where a release has occurred:

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

(2) The actual performance of major repairs to the UST system;

(3) Any time during the major repair project in which components of the piping are connected;

(4) Any time during the major repair project in which the UST or its associated piping is pressure tested;

(5) The major repair of piping valves, fill pipes, vents, leak detection devices, containment systems, cathodic protection systems or spill and overfill protection devices; and

(6) The final precision test and the test of any release detection systems required by rule 1301:7-9-07 of the Administrative Code, if applicable.

(D) Supervising the following activities while being physically on site shall constitute supervision over the closure-in-place of UST systems:

(1) The cleaning and purging of the UST system;

(2) The filling with an inert solid material of the UST system;

(3) All testing associated with the cleaning and purging processes; and

(4) Any time during the closure-in-place in which components of the UST system are disconnected or capped.

(E) Supervising the following activities while being physically on site shall constitute supervision over the removal of UST systems:

(1) The cleaning and purging of the UST system;

(2) The actual excavation and removal of the UST system or any of its components;

(3) All testing associated with the cleaning and purging processes;

(4) Any time during the removal in which components of the UST system are disconnected or capped; and

(5) The final disposition of the UST system before the UST system leaves the site.

(F) Supervising the following activities while being physically on site shall constitute supervision over the performance of modifications on site to UST system components:

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

(2) The actual performance of modifications of any components ;

(3) Any time during the modification project in which components of the piping are connected;

(4) Any time during the modification project in which the UST or its associated piping is pressure tested; and

(5) The final precision test and the test of any release detection systems required by rule 1301:7-9-07 of the Administrative Code, if applicable.

(G) Supervising the following activities while being physically on site shall constitute supervision over the placing of an UST system out of service for more than ninety days or the performance of a change in service of an UST system:

(1) The emptying, capping and securing of an UST, piping and ancillary equipment as part of placing an UST system out of service for more than ninety days pursuant to paragraph (E)(3) of rule 1301:7-9-12 of the Administrative Code; or

(2) The purging and cleaning of an UST system and the removal or closure-in-place of piping and ancillary equipment, if applicable, as part of a change in service pursuant to paragraph (H) of rule 1301:7-9-12 of the Administrative Code.

(H) General installer requirements.

(1) Certified installers shall supervise work in a manner that minimizes the release of regulated substances from UST systems and minimizes the build-up hazardous vapors in association with work performed on UST systems. Certified installers shall not assign work activities to unqualified persons.

(2) Certified installers shall have a copy of their current certificate issued by the state fire marshal at the location where they are supervising work. Upon request of a fire official, certified installers shall make their current certificate available for inspection by the fire official.

(3) Any person performing work in accordance with this chapter shall obtain a permit as required in paragraph (C) of rule 1301:7-9-10 of the Administrative Code prior to performing the work. All work performed pursuant to this chapter shall be overseen by certified UST installer and a certified UST inspector as required in paragraph (D) of rule 1301:7-9-10 of the Administrative Code. No certified UST installer shall interfere with or obstruct an employee of the state fire marshal or a certified UST inspector performing an inspection required by rule 1301:7-9-15 of the Administrative Code.

(4) Regardless of the circumstances, certified installers shall immediately secure an UST system in a safe manner and cease all UST related work if directed to do so by an inspector certified pursuant to rule 1301:7-9-15 of the Administrative Code or an employee of the state fire marshal. UST related work shall not resume until approval is given by the state fire marshal.

(I) Application requirements.

Any person who wishes to apply for installer certification shall meet all of the following application requirements:

(1) The applicant shall submit an application to the state fire marshal, on a form furnished by the state fire marshal, accompanied by a non-refundable fee of one hundred fifty dollars;

(2) The applicant shall be an individual and shall be at least eighteen years of age;

(3) The applicant need not be a resident of Ohio. If the applicant is not a resident of Ohio, the applicant shall provide an irrevocable consent to legal service from Ohio on a form prescribed and furnished by the state fire marshal.

(4) The applicant shall demonstrate that he is in good standing with all licensing authorities by whom licensing is required, given the nature and scope of the applicant's work, and that he has not had a business or occupational license or certificate suspended or revoked in this or any other state. The state fire marshal may issue a certificate to an applicant who has had a business or occupational license or certificate suspended or revoked where the suspension or revocation, by reason of its date or nature, is not directly related to the applicant's competence to install, perform major repairs on site to, close-in-place, or remove UST systems. The state fire marshal may check with other certification or licensing boards with which the applicant is registered to confirm the absence of violations of federal, state, or local laws and regulations relating to the applicant's ability to supervise the installation of, performance of major repairs on site to, closure-in-place of , or removal of UST systems in a competent manner.

(5) The applicant shall supply the state fire marshal with three business references who can verify the applicant's experience in the installation of, performance of major repairs on site to, closure-in-place of, or removal of UST systems.

(6) The applicant shall demonstrate that he meets one of the following:

(a) Has obtained a certificate of completion from an installer training program pursuant to paragraph (M)(3) or (M)(9) of this rule and has, within two years immediately prior to making application, participated in the installation of, performance of major repairs on site to, closure-in-place of, or removal of three UST systems or, with approval of the state fire marshal, similar experience in closely related UST system work;

(b) Is a registered professional engineer and has, within two years immediately prior to making application, participated in the installation of, performance of major repairs on site to, closure-in-place of , or removal of six UST systems or, with approval of the state fire marshal, similar experience in closely related UST system work;

(c) Within two years immediately prior to making application, participated in the installation of, performance of major repairs on site to, closure-in-place of, or removal of twelve UST systems or, with approval of the state fire marshal, similar experience in closely related UST system work. Of the participation, six shall have involved the installation of UST systems.

(7) The applicant shall complete the examination requirements of paragraph (J) of this rule.

(J) Examination requirements.

(1) The applicant shall submit payment of a twenty-five dollar non-refundable fee at the time of application.

(2) The examination shall be a written multiple-choice examination covering all aspects of the installation, major repair, closure-in-place, removal, modification, placing out of service, performing a change in service, and performing evaluations of leak detection equipment of underground storage tank systems. The examination shall consist of two parts, the first testing the applicant's knowledge of provisions of the sections 3737.88 to 3737.882 of the Revised Code and this chapter of the Administrative Code, and the second testing the applicant's knowledge of current technological and industry recommended practices with respect to the proper installation, major repair, closure-in-place, removal, modification, placing out of service, performing a change in service, and performing evaluations of leak detection equipment of UST systems. An applicant may request permission to take the examination in oral form, good cause shown.

(3) To satisfactorily pass the examination, the applicant shall obtain a minimum score of seventy-five per cent on each of the two parts of the exam. Any applicant who fails the examination may request re-examination upon payment of a non-refundable twenty-five dollar fee. An application will remain pending for that purpose for a period of one year after the date the application was submitted. If the applicant has not requested re-examination within the one year period, the applicant must file a new application for certification with the state fire marshal.

(4) The examination shall be offered by the state fire marshal at least six times a year at such places as the state fire marshal determines. The state fire marshal shall announce the time and location of an examination at least twenty days in advance of the exam and shall, at least seven days in advance of the exam, provide notice of the exam to all persons who have completed applications for certification since the date of the previous examination. Only persons who have filed applications in accordance with paragraph (I)(1) of this rule and submitted the fee pursuant to paragraph (J)(1) of this rule are eligible to take the examination.

(5) All examinations will be graded and the applicants notified of the results within twenty days of the date of the examination. Examination papers will not be returned to the applicant, but may be reviewed by the applicant at the office of the state fire marshal or alternate locations as approved by the state fire marshal.

(6) At the time the application is filed, the state fire marshal shall furnish the applicant with a set of instructions to assist the applicant in preparing for the examination. Instruction sheets will refer the applicant to appropriate laws and regulations and industry publications, including, but not limited to, the references listed in this chapter of the Administrative Code.

(K) New certification procedures.

(1) The state fire marshal shall issue an installer certificate to each applicant who meets the requirements of paragraphs (I) to (J)(3) of this rule. The certificate shall be valid from the time of issuance by the state fire marshal to the renewal date.

(2) The application for an installer certification shall be denied by the state fire marshal pursuant to Chapter 119. of the Revised Code when any of the following occur:

(a) The applicant failed to provide the information required by the application form prescribed by the state fire marshal;

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

(c) The applicant failed to comply with paragraph (I)(6) of this rule;

(d) The applicant failed to obtain a minimum score of seventy-five per cent on each of the two parts of the exam administered pursuant to paragraph (J)(2) of this rule;

(e) The applicant is not in good standing with all licensing authorities as provided in paragraph (I)(4) of this rule; or

(f) The applicant made a misrepresentation or submitted false statements with the application.

(L) Renewal of certification.

(1) Certificates issued by the state fire marshal pursuant to paragraph (K)(1) of this rule shall be renewed annually by the installer. Any installer who wishes to apply for installer certification renewal shall meet all of the following renewal requirements:

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

(b) Demonstrate in a manner prescribed by the state fire marshal attendance at a minimum of eight hours of state fire marshal-approved continuing installer education within the previous twelve months; and

(c) Demonstrate that he is in good standing with all licensing authorities by whom licensing is required, given the nature and scope of the installer's work, and that he has not had a business or occupational license or certificate suspended or revoked in this or any other state. The state fire marshal may renew a certificate for an installer who has had a business or occupational license or certificate suspended or revoked where the suspension or revocation, by reason of its date or nature, is not directly related to the installer's competence to install, perform major repairs on site to, close-in-place, remove, modify, place out of service, perform a change in service, or perform evaluations of leak detection equipment of UST systems. The state fire marshal may check with other certification or licensing boards with which the installer is registered to confirm the absence of violations of federal, state, or local laws and regulations relating to the installer's ability to supervise the installation of, performance of major repairs on site to, closure-in-place of, removal of, modification of, placing out of service of, performing a change in service of, or performing evaluations of leak detection equipment of UST systems in a competent manner.

(2) Upon a determination by the state fire marshal that during the calendar year substantial changes have been made to sections 3737.87 to 3737.882 of the Revised Code, this chapter of the Administrative Code, or UST technology, the state fire marshal may require applicants for installer certification renewal to satisfactorily pass a written multiple-choice examination in addition to meeting the requirements in paragraph (L)(1) of this rule prior to issuance of the certification renewal for the subsequent calendar year. Applicants for installer certification renewal may request permission to take the examination in oral form, good cause shown. To satisfactorily pass the examination, the applicant for installer certification renewal shall obtain a minimum score of seventy-five per cent on the examination. The state fire marshal shall announce the time and location of the examination at least forty-five days in advance of the exam and shall, at least thirty days in advance of the exam, provide notice of the exam to all certified installers. An applicant for certification renewal who fails the examination may request re-examination from the state fire marshal.

(3) The state fire marshal shall issue an installer certificate renewal to each applicant who meets the requirements of applicable paragraphs (L)(1) and (L)(2) of this rule. The renewal certificate shall be valid for one year following the date of issuance by the state fire marshal.

(4) The application for an installer certification renewal shall be denied by the state fire marshal pursuant to Chapter 119. of the Revised Code when any of the following occur:

(a) The applicant failed to provide all the information required by the application form prescribed by the state fire marshal;

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

(c) The applicant failed to obtain a minimum score of seventy-five per cent on the exam administered pursuant to paragraph (L)(2) of this rule;

(d) The applicant is not in good standing with all licensing authorities as provided in paragraph (L)(1)(c) of this rule;

(e) The applicant failed to attend a minimum of eight hours of state fire marshal-approved continuing installer education;

(f) The applicant made a misrepresentation or submitted false statements with the application; or

(g) The applicant failed to submit his application on or before the expiration date of their certification.

(5) The state fire marshal may grant a variance from the timely submittal of renewal applications if the applicant provides good cause as determined by the state fire marshal.

(6)