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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 1301:7-9 | Underground Storage Tanks

 
 
 
Rule
Rule 1301:7-9-01 | Applicability.
 

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

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

(C) 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.

Supplemental Information

Authorized By: 3737.88
Amplifies: 3737.88
Five Year Review Date: 7/31/2022
Prior Effective Dates: 3/1/2005
Rule 1301:7-9-02 | 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.

Supplemental Information

Authorized By: 3737.88
Amplifies: 3737.88
Five Year Review Date: 7/31/2022
Prior Effective Dates: 5/9/1988, 3/1/2005, 7/1/2012
Rule 1301:7-9-03 | Reporting requirements for hazardous substances and list of hazardous substances.
 

(A) Purpose.

For the purpose of prescribing rules pursuant to section 3737.88 of the Revised Code, the 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.

Acenaphthene83329
Acenaphthylene208968
Acetaldehyde75070
Acetaldehyde, chloro107200
Acetaldehyde, trichloro75876
Acetamide60355
Acetamide, N- (aminothioxomethyl)-591082
Acetamide, N- (4-ethoxyphenyl)-62442
Acetamide, N-9H-fluoren-2-yl-53963
Acetamide, 2-fluoro-640197
Acetic acid64197
Acetic acid, ethyl ester141786
Acetic acid, fluoro-, sodium salt62748
Acetic acid, lead salt301042
Acetic acid, thalium(l) salt563688
Acetic anhydride108247
Acetimidic acid, N-(methylcarbomoyl) oxy] thio, methyl ester16752775
Acetone67641
Acetone cyanohydrin75865
Acetonitrile 75058
3-(alpha-Acetonylbenzyl)-4- hydroxycoumarin and salts81812
Acetophenone98862
2-Acetylaminofluorene53963
Acetyl bromide506967
Acetyl chloride75365
1-Acetyl-2-thiourea591082
Acrolein107028
Acrylamide79061
Acrylic acid79107
Acrylonitrile107131
Adipic acid124049
Alanine, 3-[p-bis(2-chloroethyl)amino] phenyl-,L-148823
Aldicarb116063
Aldrin309002
Allyl alcohol107186
Allyl chloride107051
Aluminum phosphide20859738
Aluminum sulfate10043013
4-Aminobiphenyl92671
5-(Aminomethyl)-3-isoxazolol2763964
4-Aminopyridine504245
Amitrole61825
Ammonia7664417
Ammonium acetate631618
Ammonium benzoate1863634
Ammonium bicarbonate1066337
Ammonium bichromate7789095
Ammonium biflouride1341497
Ammonium bisulfite10192300
Ammonium carbamate1111780
Ammonium carbonate506876
Ammonium chloride12125029
Ammonium chromate7788989
Ammonium citrate, dibasic3012655
Ammonium fluoborate13826830
Ammonium fluoride12125018
Ammonium hydroxide1336216
Ammonium oxalate6009707
5972736
14258492
Ammonium picrate131748
Ammonium silcofluoride16919190
Ammonium sulfamate7773060
Ammonium sulfide12135761
Ammonium sulfite10196040
Ammonium tartrate14307438
3164292
Ammonium thiocyanate1762954
Ammonium vanadate7803556
Amyl acetate628637
iso-123922
sec-626380
tert-625161
Aniline62533
o-Anisidine90040
Anthracene120127
Antimony7440360
ANTIMONY & COMPOUNDS
Antimony pentachloride7647189
Antimony potassium tartrate28300745
Antimony tribromide7789619
Antimony trichloride10025919
Antimony trifluoride7783564
Antimony trioxide1309644
Aroclor 101612674112
Aroclor 122111104282
Aroclor 123211141165
Aroclor 124253469219
Aroclor 124812672296
Aroclor 125411097691
Aroclor 126011096825
Arsenic7440382
Arsenic acid1327522
7778394
ARSENIC & COMPOUNDS
Arsenic disulfide1303328
Arsenic (III) oxide1327533
Arsenic (V) oxide1303282
Arsenic pentoxide1303282
Arsenic trichloride7784341
Arsenic trioxide1327533
Arsenic trisulfide1303339
Arsine, diethyl-692422
Asbestos1332214
Auramine492808
Azaserine115026
Aziridine151564
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 cyanide542621
Benz(j)aceanthrylene, 1,2 dihydro-3-methyl56495
Benz(c)acridine225514
3,4-Benzacridine225514
Benzal chloride98873
Benz(a)anthracene56553
1,2-Benzanthracene56553
1,2-Benzanthracene, 7,12-dimethyl-57976
Benzenamine62533
Benzenamine, 4,4'-carbonimidoylbis(N,N-dimethyl-492808
Benzenamine, 4-chloro-106478
Benzenamine, 4-chloro-2-methyl-hydrochloride3165933
Benzenamine, N,N-dimethyl-4-phenylazo60117
Benzenamine, 4,4'-methyl-enebis(2-chloro-)101144
Benzenamine, 2-methyl-, hydrochloride636215
Benzenamine, 2-methyl-5-nitro-99558
Benzenamine, 4-nitro-100016
Benzene71432
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-diisocyanatomethyl584849
91087
26471625
Benzene, dimethyl1330207
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, trichloromethyl98077
Benzene, 1,3,5-trinitro-99354
Benzeneacetic acid, 4-chloro-alpha (4-chloro phenyl)-alpha-hydroxy-, ethyl ester 510156
1,2-Benzenedicarboxylic acid anhydride85449
1,2-Benzenedicarboxylic acid, [bis(2-ethylexyl)] ester117817
1,2-Benzenedicarboxylic acid, dibutyl ester84742
1,2-Benzenedicarboxylic acid, diethyl ester84662
1,2 Benzenedicarboxylic acid, dimethyl ester 131113
1,2-Benzenedicarboxylic acid, di-n-octyl ester117840
1,3-Benzenediol108463
1,2-Benzenediol, 4-[1-hydroxy-2-(methylamino) ethyl]51434
Benzenesulfonic acid chloride98099
Benzenesulfonyl chloride98099
Benzenethiol108985
Benzidine92875
Benzo(a)anthracene56553
Benzo(b)fluoranthene205992
Benzo(k)fluoranthene207089
Benzo(j,k)fluorene206440
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 acid65850
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
Benzonitrile100470
Benzo(ghi)perylene191242
Benzo(a)pyrene50328
3,4-Benzopyrene50328
p-Benzoquinone106514
Benzotrichloride98077
Benzoyl chloride98884
1,2-Benzphenanthrene218019
Benzyl chloride100447
Beryllium7440417
BERYLLIUM & COMPOUNDS
Beryllium chloride7787475
Beryllium dust7440417
Beryllium fluoride7787497
Beryllium nitrate13597994
7787555
alpha - BHC319846
beta - BHC319857
gamma - BHC58899
delta - BHC319868
2,2'-Bioxirane1464535
Biphenyl92524
(1,1'-Biphenyl)-4,4' diamine92875
(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) methane111911
Bis(2-cloroethyl) ether111444
Bis(2-chloroisopropyl) ether108601
Bis(chloromethyl) ether542881
Bis(dimethylthiocarbamoyl) disulfide137268
Bis(2-ethylhexyl) phthalate117817
Bromine cyanide506683
Bromoacetone598312
Bromoform75252
4-Bromophenyl phenyl ether101553
Brucine357573
1,3-Butadiene106990
1,3-Butadiene, 1,1,2,3,4-hexachloro-187683
Butanamine, N-butyl-N-nitroso924163
Butanoic acid, 4-[bis(2-chloroethyl)amino] benzene305033
1-Butanol71363
2-Butanone78933
2-Butanone peroxide1338234
2-Butenal123739
4170303
2-Butene, 1,4-dichloro-764410
Butyl acetate123864
iso-110190
sec-105464
tert-540885
n-Butyl alcohol71363
Butylamine109739
iso-78819
sec-513495
sec-13952846
tert-75649
Butyl benzyl phthalate85687
n-Butyl phthalate84742
Butyric acid107926
iso-79312
Cacodylic acid75605
Cadmium7440439
Cadmium acetate543908
CADMIUM & COMPOUNDS
Cadmium bromide7789426
Cadmium chloride10108642
Calcium arsenate7778441
Calcium arsenite52740166
Calcium carbide75207
Calcium chromate13765190
Calcium cyanamide156627
Calcium cyanide592018
Calcium dodecylbenzene sulfonate26264062
Calcium hypochlorite7778543
Camphene, octachloro-8001352
Captan133062
Carbamic acid, ethyl ester51796
Carbamic acid, methylnitroso, ethyl ester615532
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 acid630104
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
Carbaryl63252
Carbofuran1563662
Carbon bisulfide75150
Carbon disulfide75150
Carbonic acid, dithalium (I) salt6533739
Carbonochloridic acid, methyl ester79221
Carbon oxyfluoride353504
Carbon tetrachloride56235
Carbonyl chloride75445
Carbonyl fluoride353504
Carbonyl sulfide463581
Catechol120809
Chloral75876
Chloramben133904
Chlorambucil305033
CHLORDANE (TECHNICAL MIXTURE AND METABOLITES)
Chlordane57749
Chlordane, technical57749
CHLORINATED BENZENES
CHLORINATED ETHANES
CHLORINATED NAPHTHALENE
CHLORINATED PHENOLS
Chlorine7782505
Chlorine cyanide506774
Chlornaphazine494031
Chloroacetaldehyde107200
Chloroacetic acid79118
CHLOROALKYL ETHERS
p-Chloroaniline106478
Chlorobenzene108907
4-Chloro-m-cresol59507
p-Chloro-m-cresol59507
Chlorodibromomethane124481
1-Chloro-2,3-epoxypropane106898
Chloroethane75003
2-Chloroethyl vinyl ether110758
Chloroform67663
Chloromethyl methyl ether107302
beta-Chloronaphthalene91587
2-Chloronaphthalene91587
2-Chlorophenol95578
o-Chlorophenol95578
4-Chlorophenyl phenyl ether70057232
1-(o-Chlorophenyl)thiourea5344821
Chloroprene126998
3-Chloropropionitrile542767
Chlorosulfonic acid7790945
4-Chloro-o-toluidine, hydrochloride3165933
Chlorpyrifos2921882
Chromic acetate1066304
Chromic acid11115745
7738945
Chromic acid, calcium salt13765190
Chromic sulfate10101538
Chromium7440473
CHROMIUM AND COMPOUNDS
Chromous chloride10049055
Chrysene218019
Cobaltous bromide7789437
Cobaltous formate544183
Cobaltous sulfamate14017415
Coke Oven EmissionsN.A.
Copper7440508
COPPER AND COMPOUNDS
Copper Cyanide544923
Coumaphos56724
Creosote8001589
Cresol(s)1319773
m-108394
o-95487
p-106445
Cresylic acid1319773
m-108394
o-95487
p-106445
Crotonaldehyde123739
4170303
Cumene98828
Cupric acetate142712
Cupric acetoarsenite12002038
Cupric chloride7447394
Cupric nitrate3251238
Cupric oxalate5893663
Cupric sulfate7758987
Cupric sulfate ammoniated10380297
Cupric tartrate815827
CYANIDES
Cyanides (soluble cyanide salts), not elsewhere specified57125
Cyanogen460195
Cyanogen bromide506683
Cyanogen chloride506774
1,4-Cyclohexadienedione106514
Cyclohexane110827
Cyclohexanone108941
1,3-Cyclopentadiene,1,2,3,4,5,5-hexachloro-77474
Cyclophosphamide50180
2,4-D Esters94111
94791
94804
1320189
1928387
1928616
1929733
2971382
25168267
53467111
Daunomycin20830813
DDD72548
4,4'DDD72548
DDE72559
3547044
4,4'DDE72559
DDT50293
4,4'DDT50293
DDT AND METABOLITES
Decachloroctahydro-1,3,4-metheno-2H- cyclobuta[c,d]-pentalen-2-one143500
Diallate2303164
Diamine302012
Diaminotoluene95807
25376458
496720
823405
Diazinon333415
Diazomethane334883
Dibenz[a,h]anthracene53703
1,2:5,6-Dibenzanthracene53703
Dibenzo[a,h]anthracene53703
Dibenzofuran132649
1,2:7,8-Dibenzopyrene189559
Dibenz[a,i]pyrene189559
1,2-Dibromo-3-chloropropane96128
Dibutyl phthalate84742
Di-n-butyl phthalate84742
Dicamba1918009
Dichlobenil1194656
Dichlone117806
S-(2,3-Dichloroallyl) diisopropyl-thiocarbamate2303164
3,5-Dichloro-N-(1,1-dimethyl-2-propynyl) benzamide23950585
Dichlorobenzene (mixed)25321226
1,2-Dichlorobenzene95501
1,3-Dichlorobenzene541731
1,4-Dichlorobenzene106467
m-Dichlorobenzene541731
o-Dichlorobenzene95501
p-Dichlorobenzene106467
DICHLOROBENZIDINE
3,3'-Dichlorobenzidine91941
Dichlorobromomethane75274
1,4-Dichloro-2-butene764410
Dichlorodifluoromethane75718
Dichlorodiphenyl dichloroethane72548
Dichlorodiphenyl trichloroethane50293
1,1-Dichloroethane75343
1,2-Dichloroethane107062
1,1-Dichloroethylene75354
1,2-trans-Dichloroethylene156605
Dichloroethyl ether111444
2,4-Dichlorophenol120832
2,6-Dichlorophenol87650
Dichlorophenylarsine696286
Dichloropropane26638197
1,1-Dichloropropane78999
1,3-Dichloropropane142289
1,2-Dichloropropane78875
Dichloropropane -Dichloropropene (mixture)8003198
Dichloropropene26952238
2,3-Dichloropropene78886
1,3-Dichloropropene542756
2,2-Dichloropropionic acid75990
Dichlorvos62737
Dieldrin60571
1,2:3,4-Diepoxybutane1464535
Diethanolamine111422
Diethylamine109897
N,N-Diethylaniline91667
Diethylarsine692422
1,4-Diethylene dioxide123911
N,N-Diethylhydrazine1615801
O,O-Diethyl S-[2-(ethylthio) ethyl]phosphrodithioate298044
O,O Diethyl S-methyl dithiophosphate3288582
Diethyl-p-nitrophenyl phosphate311455
Ddiethyl phthalate84662
O,O-Diethyl O-pyrazinyl phosphorothioate297972
Diethylstilbestrol56531
1,2-Dihydro-3,6-pyridazinedione123331
Dihydrosafrole94586
Diisopropyl fluorophosphate55914
Dimethoate60515
3,3-Dimethoxybenzidine119904
Dimethylamine124403
Dimethylaminoazobenzene60117
N,N-Dimethylaniline121697
7,12-Dimethylbenz(a) anthracene57976
3,3-Dimethylbenzidine119937
alpha, alpha-Dimethylbenzylhydro peroxide80159
3,3-Dimethyl-1-(methylthio)-2-butanone, O-[(methylamino)carbonyl] oxime39196184
Dimethylcarbamoyl chloride79447
Dimethylformamide68122
1,1-Dimethylhydrazine57147
1,2-Dimethylhydrazine540738
O,O-Dimethyl O-p-nitrophenyl phosphorothioate298000
Dimethylnitrosamine62759
alpha,alpha-Dimethyl phenethylamine122098
2,4-Dimethylphenol105679
Dimethyl phthalate131113
Dimethyl sulfate77781
Dinitrobenzene (mixed)25154545
m-99650
o-528290
p-100254
4,6-Dinitro-o-cresol and salts 5534521
4,6-Dinitro-o-cyclohexylphenol131895
Dinitrophenol25550587
2,5-329715
2,6-573568
2,4-Dinitrophenol51285
Dinitrotoluene25321146
3,4-Dinitrotoluene610399
2,4-Dinitrotoluene121142
Dinoseb88857
Di-n-octyl phthalate117840
1,4-Dioxane123911
DIPHENYLHRDRAZINE
1,2-Diphenylhydrazine122667
Diphosphoramide, octamethyl-152169
Dipropylamine142847
Di-n-propylnitrosamine621647
Diquat85007
2764729
Disulfoton298044
2,4-Dithiobiuret541537
Dithiopyrophosphoric acid, tetraethyl ester3689245
1,3-Dithiolane-2-carboxaldehyde, 2,4-dimethyl-, O-[(methylamino)carbonyl] oxime (Tirpate)26419738
Diuron330541
Dodecylbenzenesulfonic acid27176870
Endosulfan115297
alpha-Endosulfan959988
beta-Endosulfan33213659
ENDOLSUFAN AND METABOLITES
Ensodulfan sulfate1031078
Endothall145733
Endrin72208
Endrin aldehyde7421934
ENDRIN AND METABOLITES
Epichlorohydrin106898
Epinephrine51434
1,2-Epoxybutane106887
Ethanal75070
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 acid111546
Ethanenitrile75058
Ethanethioamide62555
Ethanimidothioic acid, 2-(dimethylamino)-N-hydroxy-2-oxo, methyl ester (A2213)30558431
Ethanimidothioic acid, 2-(dimethylamino)-N-[[methlyamino)carbonyl]oxy]-2-oxo, methyl ester (Oxamyl)23135220
Ethanimidothioic acid, N,N'-[thiobis[(methylimino) carbonyloxy]] bis-, di-methyl ester (Thiodicarb) 59669260
Ethanol, 2,2'-(nitrosoimino)bis-1116547
Ethanol, 2,2'-oxybis-, dicarbamate (Diethylene glycol, dicarbamate)5952261
Ethanone, 1-phenyl-98862
Ethanoyl chloride75365
Ethenamine, N-methyl-N-nitroso4549400
Ethene, chloro-75014
Ethene, 2-chloroethoxy110758
Ethene, 1,1-dichloro-75354
Ethene, 1,1,2,2-tetrachloro-127184
Ethene, trans-1,2-dichloro-156605
Ethion563122
Ethyl acetate141786
Ethyl acrylate140885
Ethylbenzene100414
Ethyl carbamate (Urethan)51796
Ethyl cyanide107120
Ethyl 4,4'-dichlorobenzilate510156
Ethylene dibromide106934
Ethylene dichloride107062
Ethylene glycol107211
Ethylene oxide75218
Ethylenebis(dithio carbamic acid)111546
Ethylendiamine107153
Ethylenediamine tetraacetic acid (EDTA)60004
Ethylenethiourea96457
Ethylenimine151564
Ethyl ether60297
Ethylidene dichloride75343
Ethyl methacrylate97632
Ethyl methanesulfonate62500
Famphur52857
Ferric ammonium citrate1185575
Ferric ammonium oxalate2944674
55488874
Ferric chloride7705080
Ferric fluoride7783508
Ferric nitrate10421484
Ferric sulfate10028225
Ferrous ammonium sulfate10045893
Ferrous chloride7758943
Ferrous sulfate7720787
7782630
Fluoroacetic acid, sodium salt62748
Fluoroanthene206440
Fluorene86737
Fluorine7782414
Fluoroacetamide640197
Formaldehyde50000
Formic acid64186
Fulminic acid, mercury(II) salt628864
Fumaric acid110178
Furan110009
Furan, tetrahydro109999
2-Furancarboxaldehyde98011
2,5-Furandione108316
Furfural98011
Furfuran 1110009
D-Glucopyranose, 2-deoxy-2-(3-methyl-3-nitrosoureido)-18883664
Glycidylaldehyde765344
Guanidine, N-nitroso-N-methyl-N'-nitro70257
Guthion86500
HALOETHERS
HALOMETHANES
Heptachlor76448
HEPTACHLOR & METABOLITES
Heptachlor epoxide1024573
Hexachlorobenzene118741
Hexachlorobutadiene87683
HEXACHLOROCYCLOHEXANE (all isomers)608731
Hexachlorocyclohexane (gamma isomer)58899
Hexachlorocyclopentadiene77474
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-dimethanonaphthalene60571
Hexachloroethane67721
Hexachlorohexahydro-endo,endo-dimethanonaphthalene465736
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
Hexachlorophene70304
Hexachloropropene1888717
Hexaethyl tetraphosphate757584
Hexamethylene-1,6-diisocyanate822060
Hexamethylphosphoramide680319
Hexane110543
Hydrazine302012
Hydrazine, 1,2-diethyl-1615801
Hydrazine, 1,1-dimethyl-57147
Hydrazine, 1,2-dimethyl-540738
Hydrazine, 1,2-diphenyl-122667
Hydrazine, methyl-60344
Hydrazinecarbothioamide79196
Hydrochloric acid7647010
Hydrocyanic acid74908
Hydrofluoric acid7664393
Hydrogen cyanide74908
Hydrogen fluoride7664393
Hydrogen phosphide7803512
Hydrogen sulfide7783064
Hydroperoxide, 1-methyl-1-phenylethyl80159
Hydroquinone123319
Hydrosulfuric acid7783064
Hydroxydimethylarsine oxide75605
2-Imidazolidinethione96457
Indeno(1,2,3-cd)pyrene193395
Isobutyl alcohol78831
Isocyanic acid, methyl ester624839
Isophorone78591
Isoprene78795
Isopropanolamine dode-cylbenzenesulfonate42504461
Isosafrole120581
3(2H)-Isoxazolone, 5-(aminomethyl)-2763964
Kelthane115322
Kepone143500
Lasiocarpine303344
Lead7439921
Lead acetate301042
LEAD AND COMPOUNDS
Lead arsenate7784409
7645252
10102484
Lead chloride7758954
Lead fluoborate13814965
Lead fluoride7783462
Lead iodide10101630
Lead nitrate10099748
Lead phosphate7446277
Lead stearate7428480
1072351
56189094
52652592
Lead subacetate1335326
Lead sulfate15739807
7446142
Lead sulfide1314870
Lead thiocyanate592870
Lindane58899
Lithium chromate14307358
Malathion121755
Maleic acid110167
Maleic anhydride108316
Maleic hydrazide123331
Malononitrile109773
Manganese, bis(dimethylcarbamodithioato-S,S')-(manganese dimethyldithio-carbamate)15339363
MDI101688
Melphalan148823
Mercaptodimethur2032657
Mercuric cyanide592041
Mercuric nitrate10045940
Mercuric sulfate7783359
Mercuric thiocyanate592858
Mercurous nitrate10415755
7782867
Mercury7439976
MERCURY AND COMPOUNDS
Mercury, (acetato-O)phenyl-62384
Mercury fulminate628864
Methacrylonitrile126987
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 ester62500
Methanethiol74931
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 acid64186
4,7-Methanoindan,1,2,4,5,6,7,8,8-octa-chloro- 3a,4,7,7a-tetrahydro-57749
Methanol67561
Methapyrilene91805
Methomyl16752775
Methoxychlor72435
Methyl alcohol67561
2-Methylaziridine75558
Methyl bromide74839
1-Methylbutadiene504609
Methyl chloride74873
Methyl chlorocarbonate79221
Methyl chloroform71556
4,4-Methylenebis (2-chloroaniline)101144
2,2'-Methylenebis (3,4,6-trichlorophenol)70304
3-Methylcholanthrene56495
Methylene bromide74953
Methylene chloride75092
4,4'-Methylenedianiline101779
Methylene oxide50000
Methyl ethyl ketone78933
Methyl ethyl ketone peroxide1338234
Methyl hydrazine60344
Methyl iodide74884
Methyl isobutyl ketone108101
Methyl isocyanate624839
2-Methyllactonitrile75865
Methyl mercaptan74931
Methyl methacrylate80626
N-Methyl-N'-nitro-N-nitrosoguanidine70257
Methyl parathion298000
4-Methyl-2-pentanone108101
Methyl tert-butyl ether1634044
Methylthiouracil56042
Mevinphos7786347
Mexacarbate315184
Mitomycin C50077
Monoethylamine75047
Monomethylamine74895
Naled300765
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-Naphthalenedione130154
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 salt72571
Naphthenic acid1338245
1,4-Naphthoquinone130154
1-Naphthylamine134327
2-Naphthylamine91598
alpha-Naphthylamine134327
beta-Naphthylamine91598
2-Naphthylamine, N,N-bis(2-chloroethyl)-alpha-494031
Naphthylthathiourea86884
Nickel7440020
NICKEL AND COMPOUNDS
Nickel ammonium sulfate15699180
Nickel carbonyl13463393
Nickel chloride7718549
37211055
Nickel cyanide557197
Nickel (II) cyanide557197
Nickel hydroxide12054487
Nickel nitrate14216752
Nickel sulfate7786814
Nickel tetracarbonyl13463393
Nicotine and salts54115
Nitric acid7697372
Nitric oxide10102439
p-Nitroaniline100016
Nitrobenzene98953
4-Nitrobiphenyl92933
Nitrogen dioxide10102440
10544726
Nitrogen (II) oxide10102439
Nitrogen (IV) oxide10102440
10544726
Nitroglycerine55630
Nitrophenol (mixed)25154556
m-554847
o-88755
p-100027
p-Nitrophenol100027
2-Nitrophenol88755
4-Nitrophenol100027
NITROPHENOLS
2-Nitropropane79469
NITROSAMINES
N-Nitrosodi-n-butylamine924163
N-Nitrosodiethanolamine1116547
N-Nitrosodiethylamine55185
N-Nitrosodimethylamine62759
N-Nitrosodiphenylamine86306
N-Nitrosodi-n-propylamine621647
N-Nitroso-N-ethylurea759739
N-Nitroso-N-methylurea684935
N-Nitroso-N-methylurethane615532
N-Nitrosomethyl-vinylamine4549400
N-Nitrosomorpholine59892
N-Nitrosopiperidine100754
N-Nitrosopyrrolidine930552
Nitrotoluene1321126
m-99081
o-88722
p-99990
5-Nitro-o-toluidine99558
5-Norbornene-2,3-dimethanol,1,4,5,6,7,7-hexachloro, cyclic sulfite115297
Octamethylpyrophosphor amide152169
Osmium oxide20816120
Osmium tetroxide20816120
7-Oxabicyclo[2.2.1] Heptane-2,3-dicarboxylic acid145733
1,2-Oxathiolane,2,2-dioxide1120714
2h-1,3,2-Oxazaphosphorine, 2-[bis(2-chloroethyl)amino] tetrahydro-2-oxide.50180
Oxirane75218
Oxirane, 2-(chloro-methyl)106898
Paraformaldehyde30525894
Paraldehyde123637
Parathion56382
Pentachlorobenzene608935
Pentachloroethane76017
Pentachloronitrobenzene82688
Pentachlorophenol87865
1,3-Pentadiene504609
Phenacetin62442
Phenanthrene85018
Phenol108952
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 salts534521
Phenol, 2-(1-methylethoxy)-, methyl carbamate114261
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 salt131748
Phenyl dichloroarsine 696286
1, 10-(1,2-Phenylene)pyrene193395
Phenylenediamine (para-isomer)106503
Phenylmercuric acetate62384
N-Phenylthiourea103855
Phorate298022
Phosgene75445
Phosphine7803512
Phosphoric acid7664382
Phosphoric acid, diethyl p-nitrophenyl ester311455
Phosphoric acid, lead salt7446277
Phosphorodithioic acid, O,O-diethyl S-methyl ester3288582
Phosphorodithioic acid, O,O-diethyl S-(ethylthio), methyl ester298022
Phosphorodithioic acid, O,O-dimethyl S-[2(methylamino) -2-oxoethyl] ester60515
Phosphorofluoridic acid, bis(1-methylethyl) ester55914
Phosphorothioic acid, O,O-diethyl O-(p-nitrophenyl) ester56382
Phosphorothioic acid,O,O-diethyl O-pyrazinyl ester297972
phosphorothioic acid, O,O-dimethyl O-p-[dimethylamino)-sulfonyl] phenyl] ester.52857
Phosphorus7723140
Phosphorus oxychloride10025873
Phosphorus pentasulfide1314803
Phosphorus sulfide1314803
Phosphorus trichloride7719122
PHTHALATE ESTERS
Phthalic anhydride85449
2-Picoline109068
Plumbane, tetraethyl-78002
POLYCHLORINATED BIPHENYLS (PCBs) 1336363
12674112
11104282
11141165
12672296
53469219
11097691
11096825
POLYNUCLEAR AROMATIC HYDROCARBONS
Potassium arsenate7784410
Potassium arsenite10124502
Potassium bichromate7778509
Potassium chromate77890006
Potassium cyanide151508
Potassium hydroxide1310583
Potassium permanganate7722647
Potassium silver cyanide506616
Pronamide23950585
1-Propanal, 2,3-epoxy-765344
Propanal, 2-methyl-2-(methylthio)-, O-[(methylamino)carbonyl] oxime116063
Propanal, 2-methyl-2-(methylsulfonyl)-, O-[(methylamino)carbonyl] oxime (Aldicarb sulfone) 1646884
1-Propanamine107108
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 sultone1120714
Propanedinitrile109773
Propanenitrile107120
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-Propanone67641
2-Propanone, 1-bromo598312
Propargite2312358
Propargyl alcohol107197
2-Propenal107028
2-Propenamide79061
Propene, 1,3-dichloro-542756
1-Propene, 1,1,2,3,3,3-hexachloro-1888717
2-Propenenitrile107131
2-Propenenitrile, 2-methyl-126987
2-Propenoic acid79107
2-Propenoic acid, ethyl ester140885
2-Propenoic acid, 2-methyl-, ethyl ester97632
2-Propenoic acid, 2-methyl-, methyl ester80626
2-Propen-1-o1107186
beta-Propiolactone57578
Propionaldehyde123386
Propionic acid79094
Propionic acid, 2-(2,4,5-trichlorophenoxy)-93721
Propionic anhydride123626
Propoxur (Baygon)114261
n-Propylamine107108
Propylene dichloride78875
Propylene oxide75569
1,2-Propylenimine75558
2-Propyn-1-o1107197
Pyrene129000
Pyrethrins121299
121211
8003347
4-Pyridinamine504245
Pyridine110861
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 salts54115
4(1H)-Pyrimidinone,2,3-dihydro-6-methyl-2-thioxo-56042
Pyrophosphoric acid, tetraethyl ester107493
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
Quinoline91225
RADIONUCLIDES
Reserpine50555
Resorcinol108463
Safrole94597
Selenious acid7783008
Selenium7782492
SELENIUM AND COMPOUNDS
Selenium dioxide7446084
Selenium disulfide7488564
Selenium oxide7446084
Selenourea630104
L-Serine, diazoacetate (ester)115026
Silver7440224
SILVER AND COMPOUNDS
Silver cyanide506649
Silver nitrate7761888
Silvex93721
Sodium7440235
Sodium arsenate7631892
Sodium arsenite7784465
Sodium azide26628228
Sodium bichromate10588019
Sodium bifluoride1333831
Sodium bisulfite7631905
Sodium chromate7775113
Sodium cyanide143339
Sodium dodecylbenzene sulfonate25155300
Sodium fluoride7681494
Sodium hydrosulfide16721805
Sodium hydroxide1310732
Sodium hypochlorite7681529
10022705
Sodium methylate124414
Sodium nitrite7632000
Sodium phosphate, dibasic7558794
10039324
10140655
Sodium phosphate, tribasic7601549
7785844
10101890
10361894
7758294
10124568
Sodium selenite10102188
7782823
4,4'Stilbenediol, alpha,alpha'-diethyl-56531
Streptozotocin18883664
Strontrium chromate7789062
Strychnidin-10-one, and salts57249
Strychnidin-10-one, 2,3-dimethoxy-357573
Strychnine and salts57249
Styrene100425
Sulfur hydride7783064
Sulfur monochloride12771083
Sulfur phosphide1314803
Sulfur selenide7488564
Sulfuric acid7664939
8014957
Sulfuric acid, dimethyl ester77781
Sulfuric acid, thallium(I) salt7446186
10031591
2,4,5-T93765
2,4,5-T acid93765
2,4,5-T amines2008460
6369966
6369977
1319728
3813147
2,4,5-T esters93798
2545597
61792072
1928478
25168154
2,4,5-T salts13560991
TDE72548
1,2,4,5-Tetrachlorobenzene95943
2,3,7,8-Tetrachlorodibenzo-p-dioxin (TCDD)1746016
1,1,1,2-Tetrachloroethane630206
1,1,2,2-Tetrachloroethane79345
Tetrachloroethylene127184
2,3,4,6-Tetrachlorophenol58902
Tetraethyldithiopyro-phosphate3689245
Tetraethyl lead78002
Tetraethyl pyrophosphate107493
Tetrahydrofuran109999
Tetranitromethane509148
Tetraphosphoric acid, hexaethyl ester757584
Thallic oxide1314325
Thallium 7440280
THALLIUM AND COMPOUNDS
Thallium(I) acetate563688
Thallium(I) carbonate6533739
Thallium(I) chloride7791120
Thallium(I) nitrate10102451
Thallium(III) oxide1314325
Thallium(I) selenide12039520
Thallium(I) sulfate7446186
10031591
Thioacetamide62555
Thiofanox39196184
Thiomidodicarbonic diamide541537
Thiomethanol74931
Thiophenol108985
Thiosemicarbazide79196
Thiourea62566
Thiourea, (2,chlorophenyl)-5344821
Thiourea, 1-naphthalenyl86884
Thiourea, phenyl103855
Thiram137268
Toluene108883
Toluenediamine95807
25376458
823405
Toluene diisocyanate584849
91087
26471625
o-Toluidine hydrochloride636215
Toxaphene8001352
2,4,5-TP acid93721
2,4,5-TP acid esters32534955
1H-1,2,4-Triazol-3-amine61825
Trichlorfon52686
1,2,4-Trichlorobenzene120821
1,1,1-Trichloroethane71556
1,1,2-Trichloroethane79005
Trichloroethene79016
Trichloroethylene79016
Trichloromethanesulfenyl chloride594423
Trichloromonofluoro-methane75694
Trichlorophenol25167822
2,3,4-Trichlorophenol15950660
2,3,5-Trichlorophenol933788
2,3,6-Trichlorophenol933755
2,4,5-Trichlorophenol95954
2,4,6-Trichlorophenol88062
3,4,5-Trichlorophenol609198
2,4,6-Trichlorophenol88062
2,4,5-Trichlorophenoxy-acetic acid93765
Triethanolamine dodecylbenzene-sulfonate27323417
Triethylamine121448
Trifluralin1582098
Trimethylamine75503
2,2,4-Trimethylpentane540841
sym-Trinitrobenzene99354
1,3,5-Trioxane, 2,4,6-trimethyl-123637
Tris (2,3-dibromopropyl) phosphate126727
Trypan blue72571
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 mustard66751
Uranyl acetate541093
Uranyl nitrate10102064
36478769
Vanadic acid, ammonium salt7803556
Vanadium (V) oxide1314621
Vanadium pentoxide1314621
Vanadyl sulfate27774136
Vinyl acetate108054
Vinyl bromide593602
Vinyl chloride75014
Vinylidene chloride75354
Warfarin81812
Xylene (mixed)1330207
m-108383
o-95476
p-106423
Xylenol1300716
yohimban-16-carboxylic-acid, 11, 17-dimethoxy-18-[(3,4,5-trimethoxybenzoyl)oxy]-, methylester.50555
Zinc7440666
ZINC AND COMPOUNDS
Zinc acetate557346
Zinc ammonium chloride52628258
14639975
14639986
zinc, bis(dimethylcarbamodi-thioato-S,S')-, (Ziram)137304
Zinc borate1332076
Zinc bromide7699458
Zinc carbonate3486359
Zinc chloride7646857
Zinc cyanide557211
Zinc fluoride7783495
Zinc formate557415
Zinc hydrosulfite7779864
Zinc nitrate7779886
Zinc phenolsulfonate127822
Zinc phosphide1314847
Zinc silicofluoride16871719
Zinc sulfate7733020
Zirconium nitrate13746899
Zirconium potassium fluoride16923958
Zirconium sulfate14644612
Zirconium tetrachloride10026116
2-Amino-1-methylbenzene95534
4-Amino-1-methylbenzene106490
2-Ethoxyethanol110805
Ethylene glycol monoethyl ether110805
o-Toluidine95534
p-Toluidine106490

Supplemental Information

Authorized By: 3737.88(A), 3737.88(D)
Amplifies: 3737.88(A), 3737.88(D)
Five Year Review Date: 7/31/2022
Prior Effective Dates: 10/2/1990
Rule 1301:7-9-04 | Registration of UST systems.
 

(A) Purpose and scope.

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

(B) Annual registration.

(1) 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 one hundred 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 one hundred 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 one hundred 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.

Supplemental Information

Authorized By: 3737.88, 3737.02
Amplifies: 3737.02, 3737.88
Five Year Review Date: 7/31/2022
Prior Effective Dates: 5/9/1988, 11/5/1990, 9/11/1991, 3/1/2005
Rule 1301:7-9-05 | Financial responsibility for petroleum underground storage tank systems.
 

(A) Purpose.

For the purpose of prescribing rules pursuant to division (B) of section 3737.882 of the Revised Code, the 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:
1-6reduced fund deductiblereduced fund deductible
7-100fund deductiblefund deductible
101-200fund deductible 2 x fund deductible
201-300fund deductible3 x fund deductible
301 or morefund deductible4 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 mechanismPer occurrence amount*:Annual aggregate:
1-6reduced fund deductible2 x reduced fund deductible
7-100fund deductible2 x fund deductible
101-200fund deductible3 x fund deductible
201-300fund deductible4 x fund deductible
301 or morefund deductible5 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.

View AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView AppendixView Appendix

Supplemental Information

Authorized By: 3737.882
Amplifies: 3737.882
Five Year Review Date: 7/31/2022
Prior Effective Dates: 10/2/1990, 6/12/1991 (Emer.), 9/11/1991, 4/10/1992, 1/1/1994
Rule 1301:7-9-06 | 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 marshals 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 (Ohio Fire 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 (Ohio Fire 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 B31.3-16, "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 manufacturers 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) (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.

Supplemental Information

Authorized By: 3737.88
Amplifies: 3737.88
Five Year Review Date: 7/31/2022
Prior Effective Dates: 11/5/1990, 3/1/2005, 5/16/2011
Rule 1301:7-9-07 | 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 CapacityMinimum Duration of TestWeekly Standard (One Test)Monthly Standard (Four Test Average)
550 gallons or less36 hours10 gallons5 gallons
551-1,000 gallons (when tank diameter is 64 inches)44 hours9 gallons4 gallons
551-1,000 gallons (when tank diameter is 48 inches)58 hours12 gallons6 gallons
551-1,000 gallons (requires tank tightness test every five years)36 hours13 gallons7 gallons
1,001-2,000 gallons (requires tank tightness test every five years)36 hours26 gallons13 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 manufacturers 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 manufacturers 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 manufacturers 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.

Supplemental Information

Authorized By: 3737.88
Amplifies: 3737.88
Five Year Review Date: 7/31/2022
Prior Effective Dates: 6/6/1985, 1/1/1997, 3/1/2005
Rule 1301:7-9-10 | Permits for UST systems.
 

(A) Purpose and scope.

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

(B) 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.

Supplemental Information

Authorized By: 3737.88
Amplifies: 3737.88
Five Year Review Date: 7/31/2022
Prior Effective Dates: 1/1/1997, 7/1/2012
Rule 1301:7-9-11 | Underground storage tank installer certification and training.
 

(A) Purpose and scope.

For the purpose of prescribing rules pursuant to section 3737.881 of the Revised Code, the state fire marshal hereby adopts this rule to establish underground storage tank installer certification and training requirements. This rule is adopted by the state fire marshal in accordance with Chapter 119. of the Revised Code and shall not be considered part of the "Ohio Fire Code."

(B) Supervising the following activities while being physically on site shall constitute supervision over the installation 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 excavation, purging, and removal of existing UST systems or individual components, 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 excavation, purging, opening, and cleaning of the UST system;

(2) All testing associated with the cleaning and purging processes;

(3) The filling with an inert solid material of the UST system; 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 actual excavation, purging, removal, and cleaning of the UST system or any of its components;

(2) All testing associated with the cleaning and purging processes;

(3) Any time during the removal in which components of the UST system are disconnected or capped; and

(4) 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 excavation, purging, removal, and cleaning of the UST system or any of its components, 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 1301:7-9-100 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; or

(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 for good cause shown, as determined by the state fire marshal.

(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. No less than ninety days prior to expiration of a certification, the state fire marshal shall send a renewal application to the certification holder at the latest address indicated on file. 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) After expiration of a certification, any application for renewal will be considered as a new application and the applicant shall be required to pass an examination as defined in paragraph (J) of this rule prior to certification.

(M) Installer training programs.

(1) The state fire marshal may conduct installer training programs. Any such program shall be at least thirty-six hours in length and shall include appropriate instructional methods, and written pre-test and post-test examinations. The following topics will be included in the program:

(a) Sections 3737.87 to 3737.882 of the Revised Code;

(b) This chapter of the Administrative Code;

(c) Occupational health and safety;

(d) Installation of USTs including tanks and piping, cathodic protection, ancillary equipment, backfilling, and UST system testing;

(e) Release detection systems;

(f) General operation and maintenance of USTs and leak detection equipment;

(g) Majors repairs and modifications;

(h) Closure including removal, closure-in-place and change in service;

(i) Recordkeeping;

(j) Supervisory techniques;

(k) Public health and safety; and

(l) Environmental considerations.

(2) Any person who wishes to attend a training program sponsored by the state fire marshal pursuant to paragraph (M)(1) of this rule shall submit an application to the state fire marshal prior to the first scheduled day of the training program, on a form prescribed by the state fire marshal, accompanied by a fee of one hundred dollars. The fee is refundable only if the training program is cancelled.

(3) Upon conclusion of any installer training program, the state fire marshal shall issue a certificate of completion to all persons who meet all of the following requirements:

(a) Attended all of the program's sessions or has complied with paragraph (M)(4) of this rule;

(b) Submitted an application and fee to the state fire marshal pursuant to paragraph (M)(2) of this rule; and

(c) Completed the programs pre-test and post-test examinations.

(4) Attendance shall be required at all classroom sessions except for valid reasons. The faculty is authorized to determine the validity of absences. Any absentee from any scheduled classroom session shall make up such attendance as required by the faculty.

(5) Any person wishing to sponsor an installer training program shall submit an application to the state fire marshal, on a form prescribed by the state fire marshal, accompanied by a non-refundable fee of two hundred dollars. All applications shall include, without limitation, all of the following:

(a) A program description and syllabus;

(b) Lesson plans for each classroom session;

(c) Study materials and hand-outs;

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

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

(f) The method of attendance verification;

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

(7) The state fire marshal may certify a person to sponsor an installer training program if all of the following requirements are met:

(a) The person has complied with paragraph (M)(5) of this rule;

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

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

(8) State fire marshal personnel shall be allowed access to all installer training program sessions certified under paragraph (M)(7) of this rule.

(9) Upon conclusion of any installer training program for which a person has been certified to sponsor, the sponsor shall issue a certificate of successful completion to all persons who meet the requirements of paragraphs (M)(3)(a) and (M)(3)(c) of this rule. The certified sponsor shall submit to the state fire marshal a list of all persons receiving a certificate of successful completion and the results of all examinations conducted during the program within seven days of completion of the course.

(10) Certifications issued by the state fire marshal pursuant to paragraph (M)(7) of this rule and renewals issued by the state fire marshal pursuant to paragraph (M)(11) of this rule shall be valid for one year, beginning on the first day of September of each year.

(11) Persons seeking to renew a certificate to sponsor an installer training program shall submit an application no later than the first day of July of each year to the state fire marshal, on a form prescribed by the state fire marshal, accompanied by a non-refundable fee of one hundred fifty dollars. The application shall include, without limitation, a description of any changes in the certified program proposed by the sponsor. The state fire marshal may amend or require the sponsor to modify any aspect of a program prior to issuing an installer training program certificate renewal to the sponsor. All programs for which a sponsor obtains an installer training program certificate renewal shall comply with paragraph (M)(1) of this rule.

(12) An application to sponsor an installer training program or renewal thereof shall be denied by the state fire marshal pursuant to Chapter 119. of the Revised Code when any of the following occur:

(a) The applicant failed to provide all the information required by the application form prescribed by the state fire marshal;

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

(c) The applicant made a misrepresentation or submitted false statements with the application;

(d) The training program submitted by the sponsor is determined by the state fire marshal to not comply with a provision of paragraphs (M)(5) to (M)(11) of this rule; or

(e) The applicant failed to submit a renewal application on or before the expiration date of their certification.

(13) The state fire marshal may grant a variance from the timely submittal of a renewal application if the applicant provides good cause as determined by the state fire marshal.

(14) Sixty days after expiration of a certification, any application for renewal will be considered as a new application and the applicant shall be required submit all information required by this paragraph.

(N) Continuing education programs.

(1) The state fire marshal may conduct continuing education training programs for installers. Such programs shall be closely related to those topics listed in paragraph (M)(1) of this rule or related technical information.

(2) Any person who wishes to attend a continuing education training program sponsored by the state fire marshal pursuant to paragraph (N)(1) of this rule shall submit an application to the state fire marshal prior to the first scheduled day of the training program, on a form prescribed by the state fire marshal, accompanied by a fee of twenty-five dollars. The fee is refundable only if the training program is cancelled.

(3) Upon conclusion of any continuing education training program, the state fire marshal shall issue a certificate of attendance to all persons attending the program who have complied with paragraph (N)(2) of this rule. The certificate shall indicate the number of hours of state fire marshal-approved continuing education credit earned by the person at the program.

(4) Any person wishing to sponsor a certified installer continuing education training program shall submit an application to the state fire marshal, on a form prescribed by the state fire marshal, accompanied by a non-refundable fee of fifty dollars. All applications shall include, without limitation, all of the following:

(a) A program description and syllabus;

(b) Lesson plans for each classroom session;

(c) Study materials and hand-outs;

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

(e) The method of attendance verification.

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

(6) The state fire marshal may certify a person to sponsor an installer continuing education training program if all of the following requirements are met:

(a) The person has complied with paragraph (N)(4) of this rule;

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

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

(7) The state fire marshal shall determine the number of hours of continuing education credit for which the program qualifies. Certified UST installer and inspector continuing education training programs shall not be offered together unless prior approval is given by the state fire marshal.

(8) Upon conclusion of any installer continuing education training program for which a person has been certified to sponsor, the sponsor shall issue a certificate of successful completion to all persons attending the program who meet the following requirements:

(a) Attended all of the program sessions or has complied with paragraph (M)(4) of this rule; and

(b) Successfully completed the program's pre-test and post-test examinations.

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

(9) Certifications issued by the state fire marshal pursuant to paragraph (N)(6) of this rule and renewals issued by the state fire marshal pursuant to paragraph (N)(10) of this rule shall be valid for one year, beginning on the first day of September of each year.

(10) Persons seeking to renew a certificate to sponsor an installer continuing education training program shall submit an application no later than the first day of July of each year to the state fire marshal, on a form prescribed by the state fire marshal, accompanied by a non-refundable fee of fifty dollars. The application shall include, without limitation, a description of any changes in the certified program proposed by the sponsor. The state fire marshal may amend or require the sponsor to modify any aspect of a program prior to issuing an installer continuing education training program certificate renewal to the sponsor. All programs for which a sponsor obtains an installer training program certificate renewal shall be closely related to those topics listed in paragraph (M)(1) of this rule.

(11) An application to sponsor an installer training program or renewal shall be denied by the state fire marshal pursuant to Chapter 119. of the Revised Code when any of the following occur:

(a) The applicant failed to provide all the information required by the application form prescribed by the state fire marshal;

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

(c) The applicant made a misrepresentation or submitted false statements with the application;

(d) The training program submitted by the sponsor is determined by the state fire marshal to not comply with a provision of paragraphs (N)(4) to (N)(10) of this rule; or

(e) The applicant failed to submit their application on or before the expiration date of their certification.

(12) The state fire marshal may grant a variance from the timely submittal of renewal applications if the applicant provides good cause as determined by the state fire marshal.

(13) Sixty days after expiration of a certification, any application for renewal will be considered as a new application and the applicant shall be required to submit all information required by this paragraph.

(O) Revocation or suspension of certification.

A certificate or renewal issued pursuant to this rule may be suspended or revoked by the state fire marshal pursuant to Chapter 119. of the Revised Code. Such suspension or revocation may occur for any of the following reasons:

(1) The person obtained his certification through fraud or misrepresentation;

(2) The installer recklessly violated a provision of this chapter;

(3) The installer recklessly caused or permitted a person under his supervision to install, perform a major repair on site to, close-in-place, remove, modify, place out of service, perform a change in service, or perform evaluations of leak detection equipment of an UST system in violation of this chapter;

(4) The installer was not physically on site during the performance of any of the activities described in paragraphs (B) to (G) of this rule;

(5) The installer interfered with or obstructed a certified UST inspector or an employee of the state fire marshal from performing an inspection required by rule 1301:7-9-15 of the Administrative Code;

(6) The installer failed to secure an UST system and cease work when directed by a certified UST inspector or an employee of the state fire marshal pursuant to paragraph (H)(4) of this rule; or

(7) The training program offered by the sponsor is determined by the state fire marshal to not comply with a provision of paragraphs (M)(1) to (M)(11) or (N)(1) to (N)(10) of this rule.

Supplemental Information

Authorized By: 3737.881
Amplifies: 3737.881
Five Year Review Date: 7/31/2022
Prior Effective Dates: 1/1/1997, 3/31/1999, 3/1/2005
Rule 1301:7-9-12 | Out-of-service, closure-in-place, permanent removal, change-in-service, and closure assessment of UST systems.
 

(A) Purpose and scope.

For the purpose of prescribing rules pursuant to section 3737.88 of the Revised Code, the state fire marshal hereby adopts this rule to establish requirements for underground storage tank systems containing regulated substances that are changed-in-service, out-of-service, closed-in-place, or permanently removed. This rule is adopted by the state fire marshal in accordance with Chapter 119. of the Revised Code and shall not be considered a part of the "Ohio Fire Code." The USTs listed in paragraph (E) of rule 1301:7-9-01 of the Administrative Code are exempt from this rule.

(B) Applicability.

(1) Any person who holds a legal, possessory, or equitable interest in a parcel of real property on which an underground storage tank system is located, regardless of that person's status as an "owner" or "operator" as those terms are defined in section 3737.87 of the Revised Code, shall comply with paragraphs (A) to (H) of this rule. The owner and operator shall comply with the entire rule.

(2) In carrying out any activity under this rule, owners and operators shall comply with the provisions of rules 1301:7-9-13, 1301:7-9-16, and 1301:7-9-17 of the Administrative Code.

(C) Handling of regulated materials associated with an UST site.

The handling, transportation, and disposal of any regulated substance removed from an UST system, regulated soil, backfill materials, groundwater, wash water, or other similar materials removed from the system or facility shall be managed in accordance with all applicable federal, state, and local regulations in effect for the type, volume, constituent concentration, and classification of the material.

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

(1) Any person performing work pursuant to paragraphs (E)(3) to (H) of this rule shall obtain a permit pursuant to paragraph (C) of rule 1301:7-9-10 of the Administrative Code, prior to performing work, from the local fire agency that has been given delegated authority pursuant to rule 1301:7-9-15 of the Administrative Code and has jurisdiction over the area where the UST system is located, or, if the local fire agency does not have such authority, the state fire marshal.

(2) Unless stated otherwise, all work performed pursuant to paragraphs (E)(3) to (H) of this rule shall be supervised by a certified UST installer and inspected by a certified UST inspector as required in paragraph (D) of rule 1301:7-9-10 of the Administrative Code.

(E) Out-of-service requirements of UST systems.

(1) Out-of-service UST systems shall comply with the applicable requirements of this chapter including, but not limited to, the following:

(a) The UST system shall comply with registration requirements pursuant to rule 1301:7-9-04 of the Administrative Code;

(b) The UST system shall comply with the financial responsibility requirements pursuant to rule 1301:7-9-05 of the Administrative Code; and

(c) The UST system shall comply with the construction and operational requirements for cathodic protection pursuant to paragraphs (D)(1) to (D)(4) of rule 1301:7-9-06 of the Administrative Code.

(2) UST systems that have been taken temporarily out-of-service for ninety days or less shall have the fill line, gauge opening, and dispensing unit secured against tampering. Vent lines shall remain open and functioning.

(a) Regulated substances may remain in the UST system provided that release detection is performed pursuant to rule 1301:7-9-07 of the Administrative Code. Release detection is not required if the UST system is empty.

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

(3) If an UST system is out-of-service for more than ninety days, the UST system shall be maintained in the following manner:

(a) The vent lines shall be left open and functioning;

(b) All other lines, pumps, manways, and ancillary equipment shall be capped and secured; and

(c) The UST system shall be emptied. The UST system shall be considered empty when all regulated substances have been removed so that no more than one inch of residue, or 0.3 per cent by volume of the total capacity of the UST system, remains in the UST system.

(4) An out-of-service permit shall be obtained for a UST system out-of service for more than ninety days in accordance with paragraph (C) of rule 1301:7-9-10 of the Administrative Code.

(a) As a condition of the out-of-service permit:

(i) an inspection of the out-of-service UST system shall be performed as required by paragraph (D) of rule 1301:7-9-10 of the Administrative Code; and

(ii) the state fire marshal or the certified fire safety inspector with delegated authority pursuant to rule 1301:7-9-15 of the Administrative Code for the jurisdiction where the UST system is located may require the owner or operator to submit copies of release detection records pursuant to paragraph (E) of rule 1301:7-9-07 of the Administrative Code.

(b) Prior to the expiration date of an out-of-service permit, a renewal of the out-of-service permit may be requested by submitting a new permit application pursuant to rule 1301:7-9-10 of the Administrative Code to the state fire marshal or the certified fire safety inspector with delegated authority pursuant to rule 1301:7-9-15 of the Administrative Code for the jurisdiction where the UST system is located.

(i) Neither a certified UST installer nor a certified UST inspector are required for the renewal of an out-of-service permit.

(ii) Any previously approved out-of-service permit for which a renewal application is submitted shall be extended until the state fire marshal or the certified fire safety inspector with delegated authority pursuant to rule 1301:7-9-15 of the Administrative Code for the jurisdiction where the UST system is located acts upon the renewal application.

(c) The out-of-service permit or renewal permit shall be effective until the expiration date listed on the permit as issued by the state fire marshal or the certified fire safety inspector with delegated authority pursuant to rule 1301:7-9-15 of the Administrative Code for the jurisdiction where the UST system is located. If no expiration date is listed on the permit, the out-of-service permit shall extend for twelve months commencing from the issuance date of the permit.

(d) The out-of-service permit application or renewal application shall be approved at the discretion of the state fire marshal or the certified fire safety inspector with delegated authority pursuant to rule 1301:7-9-15 of the Administrative Code for the jurisdiction where the UST system is located.

(e) A variance from the timely submittal of an out-of-service permit application or renewal application may be granted provided that the person making the request demonstrates good cause as determined by the state fire marshal or the certified fire safety inspector with delegated authority pursuant to rule 1301:7-9-15 of the Administrative Code for the jurisdiction where the UST system is located.

(5) An UST system that is out-of-service more than ninety days as part of a scheduled seasonal discontinuation of use is not required to obtain the out-of-service permit required in paragraph (E)(4) of this rule if all of the following conditions are met:

(a) Written approval is obtained from the state fire marshal or the certified fire safety inspector with delegated authority pursuant to rule 1301:7-9-15 of the Administrative Code for the jurisdiction where the UST system is located;

(b) The UST system is located at a marina, golf course, amusement park, or other seasonal facility as approved by the state fire marshal or the certified fire safety inspector with delegated authority pursuant to rule 1301:7-9-15 of the Administrative Code for the jurisdiction where the UST system is located;

(c) The UST system is maintained in accordance with paragraph (E)(3) of this rule; and

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

(6) If an UST system or portions of an UST system are out-of-service for more than twelve months or more than the time period approved in the out-of-service permit or renewal permit granted pursuant to paragraph (E)(4) of this rule, owners and operators and any person who holds a legal, possessory, or equitable interest in a parcel of real property on which an UST system is located, regardless of that person's status as an "owner" or "operator" as those terms are defined in section 3737.87 of the Revised Code shall manage the UST system as follows:

(a) For a UST system which meets the performance standards pursuant to paragraphs (D)(1) to (D)(4) of rule 1301:7-9-06 of the Administrative Code:

(i) Within ninety days, place the UST system back into service pursuant to paragraph (E)(7) of this rule;

(ii) Within ninety days, permanently remove, close-in-place, or perform a change-in-service of the UST system in accordance with this rule; or

(iii) Obtain a variance from the timely submittal of an out-of-service permit application or renewal application in accordance with paragraph (E)(4)(e) of this rule and request an out-of-service-permit or renewal permit by submitting a permit application form pursuant to paragraph (E)(4) of this rule.

(b) For a UST system which does not meet the performance standards pursuant to paragraphs (D)(1) to (D)(4) of rule 1301:7-9-06 of the Administrative Code:

(i) Within ninety days, permanently remove or close-in-place the UST system in accordance with this rule, unless an out-of-service permit or a renewal permit is granted; or

(ii) Obtain a variance from the timely submittal of an out-of-service permit application or renewal application in accordance with paragraph (E)(4)(e) of this rule. Prior to applying for the out-of-service or renewal permit, a closure assessment shall be performed in accordance with this rule and a closure assessment report shall be submitted to the state fire marshal pursuant to paragraph (J) of this rule.

(7) An UST system that has been out-of-service may be placed back into service at any time provided that the UST system meets the following requirements:

(a) The UST system is equipped to meet the performance standards for existing UST systems pursuant to rules 1301:7-9-06 of the Administrative Code and release detection requirements pursuant to rule 1301:7-9-07 of the Administrative Code;

(b) For an UST system out-of-service more than twelve months, the UST and primary pipe that routinely contains regulated substances passes a tightness test in accordance with paragraph (F) of rule 1301:7-9-07 of the Administrative Code within seven days of going back into service;

(c) Within thirty days of bringing the UST system back into service, the owner or operator submits a modified registration application to the state fire marshal pursuant to rule 1301:7-9-04 of the Administrative Code;

(d) The UST system is in compliance with financial responsibility requirements pursuant to rule 1301:7-9-05 of the Administrative Code; and

(e) The state fire marshal has not issued an order prohibiting the UST system from going back into service.

(F) Closure-in-place requirements for UST systems.

(1) An UST system shall not be closed-in-place unless approved in writing by the state fire marshal or a certified fire safety inspector with delegated authority pursuant to rule 1301:7-9-15 of the Administrative Code for the jurisdiction where the UST system is located. An UST system may be closed-in-place for any of the following reasons:

(a) The UST system is located adjacent to or under equipment or structures that will likely be damaged or weakened if the UST system is removed;

(b) The UST system is situated in a location where the removal is physically impossible; or

(c) Removal of the UST system may expose people or the environment to unreasonable hazards.

(2) Cost shall not be used as the sole reason to justify closure-in-place of an UST system.

(3) An UST system shall be closed-in-place in accordance with American Petroleum Institute Recommended Practice RP 1604-96 (reaffirmed 2010); "Closure of Underground Petroleum Storage Tanks." The solid inert material used to fill an UST shall have a density that is greater than the density of water.

(G) Permanent removal requirements for UST systems.

(1) Permanent removal of an UST system shall be conducted in accordance with the following:

(a) All UST systems or any part of an UST system permanently closed shall be removed from the ground unless certified fire safety inspector with delegated authority pursuant to rule 1301:7-9-15 of the Administrative Code or the state fire marshal for jurisdictions where such authority has not been delegated authorizes the closure-in-place of the UST system or any part of the UST system pursuant to paragraph (F)(1) of this rule;

(b) All UST systems being permanently removed shall comply with the cleaning, removal, and safety requirements of American Petroleum Institute Recommended Practice RP 1604-96 (reaffirmed 2010); "Closure of Underground Petroleum Storage Tanks," and National Institute for Occupational Safety and Health Publication 80-106 (1979); "Criteria for a Recommended Standard: Working In Confined Spaces";

(c) The UST shall be maintained in a safe condition by regularly monitoring the UST to ensure that an accumulation of explosive vapors does not occur;

(d) All liquid and residue shall be removed from the UST before the UST leaves the site and handled in accordance with paragraph (C) of this rule;

(e) The UST shall be rendered unusable and free of explosive vapors before the UST leaves the site by cutting up or crushing the UST or by perforating the UST with numerous holes using explosion-proof non-sparking tools. No UST shall be reused for any purpose unless written approval is obtained from the state fire marshal prior to the removal activity;

(f) All backfill from the tank cavity excavation, piping trenches, dispensing unit areas, and remote fill pipe trenches shall be removed;

(g) No more than twelve inches of native soil shall be removed from the side walls and bottom of the tank cavity excavation, piping trenches, dispensing unit areas, and remote fill pipe trenches. Where bedrock is encountered within the first twelve inches, remove native soil to bedrock. Further removal of soil from the tank cavity, piping trenches, dispensing unit areas, and remote fill pipe trenches for purposes of corrective action shall not be conducted without prior approval of the state fire marshal; and

(h) Backfill and native soil removed from the tank cavity excavation, piping trenches, dispensing unit areas, and remote fill pipe trenches may be stored on site in a stockpile for a period not to exceed one hundred twenty days, provided that it has been placed on a concrete pad, asphalt pad, or impermeable synthetic liner, covered to prevent infiltration of rain water, and has been surrounded with a berm to minimize the run off water. Storage on site beyond one hundred twenty days shall only occur if prior approval has been granted by the state fire marshal. Backfill and native soil shall be handled in accordance with paragraph (C) of this rule.

(i) If free product is discovered during removal of any portion of an UST system, owners and operators shall report a suspected release to the state fire marshal within twenty-four hours and proceed to conduct corrective action in accordance with paragraph (F) of rule 1301:7-9-13 of the Administrative Code.

(H) Change-in-service requirements for UST systems.

Change-in-service of an UST system shall be conducted in accordance with the following:

(1) The UST shall be completely emptied and cleaned; and

(2) All piping and ancillary equipment that is not part of the change-in-service shall be closed-in-place or removed pursuant to paragraphs (F) and (G) of this rule.

(I) Closure assessment.

(1) Activities subject to closure assessment.

(a) Owners and operators of UST systems shall conduct a closure assessment in accordance with this rule when the UST system, or any portion of the UST system:

(i) Is permanently removed, including removals resulting from modifications of product piping and associated components that routinely contain a regulated substance;

(ii) Is closed-in-place;

(iii) Undergoes a change-in-service;

(iv) Is out-of-service for more than twelve months without an approved permit extending the out-of-service period in accordance with paragraph (E)(4) of this rule; or

(v) Is out-of-service for more than the approved out-of-service period pursuant to paragraph (E)(4) of this rule unless a variance has been requested and approved in accordance with paragraph (E)(4)(e) of this rule.

(b) For those portions of the UST systems being assessed in a corrective action program under rule 1301:7-9-13 of the Administrative Code, a closure assessment is required unless a demonstration is made to show that those portions of the UST system requiring a closure assessment have been adequately assessed in accordance with rule 1301:7-9-13 of the Administrative Code or an alternative sampling plan is approved by the state fire marshal.

(c) Closure assessment activities listed in paragraphs (I)(2)(b) to (I)(2)(h), (I)(3), (I)(4), (J)(1) and (J)(2) of this rule are not required for piping and piping components, such as flex connectors and other underground ancillary equipment, that meet the performance standards for corrosion protection pursuant to paragraphs (D)(3) and (D)(4) of rule 1301:7-9-06 of the Administrative Code and are not located in a sole source aquifer, or in a drinking water source protection area as defined in paragraph (C) of rule 1301:7-9-13 of the Administrative Code, under the following conditions:

(i) Permanently out-of-service piping is located in a common trench with piping associated with an operating UST system and the owner or operator demonstrates that the piping that is permanently out-of-service has passed a tightness test conducted pursuant to paragraphs (F)(2)(a) and (F)(2)(b) of rule 1301:7-9-07 of the Administrative Code within sixty days prior to being closed-in-place until closure assessment activities are conducted on the remaining piping in the trench under paragraphs (I)(1)(a)(i) to (I)(1)(a)(iii) of this rule;

(ii) Modifications to piping and piping components located beneath dispensers or over USTs that are not contained in a containment sump and the owner or operator demonstrates that the piping components have passed a tightness test conducted pursuant to rule 1301:7-9-07 of the Administrative Code within sixty days prior to modification of the piping components; or

(iii) Piping and piping components that are modified in order to install under dispenser containment and the owner or operator demonstrates that the piping components have passed a tightness test conducted pursuant to rule 1301:7-9-07 of the Administrative Code within sixty days prior to the installation.

(d) Closure assessment activities listed in paragraphs (I)(2)(b) to (I)(2)(h), (I)(3), (I)(4), (J)(1) and (J)(2) of this rule are not required for modifications to piping and piping components, such as flex connectors and other underground ancillary equipment, contained in a containment sump beneath dispensers or over USTs that meet the performance standards for corrosion protection for product piping pursuant to paragraphs (D)(3) to (D)(4) of rule 1301:7-9-06 of the Administrative Code and the owner or operator demonstrates the UST system has passed one of the following:

(i) A tightness test of the piping components conducted pursuant to rule 1301:7-9-07 of the Administrative Code within sixty days prior to modification of the piping components, or

(ii) A tightness test of the containment sump conducted pursuant to rule 1301:7-9-07 of the Administrative Code within sixty days prior to modification of the piping components.

(e) Notwithstanding the testing requirements of paragraph (I)(1)(c) or (I)(1)(d) of this rule, if free product is present in soil or backfill or if there is evidence that a component is leaking or has leaked to the soil or backfill, a site check must be performed pursuant to paragraph (F)(3) of rule 1301:7-9-13 of the Administrative Code. If there is evidence that a component is leaking or has leaked and appears to be contained within the containment sump, then a tightness test of the containment sump may be performed in accordance with paragraph (F) of rule 1301:7-9-07 of the Administrative Code. If the tightness test of the containment sump passes, a site check is not required.

(f) All activities conducted pursuant to paragraph (I)(1)(c) or (I)(1)(d) of this rule shall be documented on a form prescribed by the state fire marshal and submitted to the state fire marshal within ninety days of the completion of the activities. The form shall include, but not be limited to, the following:

(i) A site map which accurately depicts property boundaries, street locations, above ground structures, and the UST systems including the number of USTs, adjacent properties and their use, and the portions of the UST system being modified;

(ii) Results from a tightness test of the piping components or of the containment sump;

(iii) A description of the visual site evaluation required by paragraph (I)(2)(a) of this rule including the UST components being modified and the area immediately adjacent to the components being modified;

(iv) Copy of any permit required to be obtained in accordance with paragraph (D)(1) of this rule; and

(v) Documentation demonstrating compliance with corrosion protection.

(2) The closure assessment shall consist of the following:

(a) Owners and operators shall perform a visual site evaluation of the UST site to identify all evidence of past or present operational problems, including but not limited to, surface soil staining, concrete staining, concrete patchwork, areas where piping and pump islands existed, and all potential sources of contamination.

(b) Soil samples for the UST system or portion of the UST system required to undergo a closure assessment pursuant to paragraph (I)(1) of this rule shall be biased towards the area of greatest suspected contamination and collected from all of the following locations:

(i) Under both ends of each UST. If an UST is longer than thirty-five feet an additional sample shall be collected from under the middle of the UST;

(ii) Each side wall of the UST cavity excavation on a ten foot by ten foot grid system;

(iii) Every ten feet along piping runs that routinely contain regulated substances and under joints unless the sample location is within two linear feet of another sample collected in accordance with this paragraph. If the piping run is less than ten feet in length, no sample is required to be collected for the piping, but soil samples are still required for joints, couplings and elbows. If the piping run is associated with an airport hydrant system, an alternate sampling plan shall be submitted for approval by the state fire marshal prior to conducting the closure assessment;

(iv) Underneath each dispensing unit where joints, elbows, and flex connectors are located. If the dispensing unit is located directly above the UST, no sample is required to be collected, provided the UST is being removed; and

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

(c) Water samples for permanent removal shall be collected in the following manner:

(i) Water in the UST system excavation shall be completely evacuated and disposed of in accordance with all federal, state, and local laws and regulations. If water cannot be completely evacuated from the UST system excavation or if upon recharge of water from surrounding soil into the UST system excavation to a level sufficient for sample collection, a water sample shall be collected within a period not to exceed twenty-four hours following the evacuation.

(ii) Soil samples required pursuant to paragraph (I)(2)(b)(i) of this rule need not be collected if a water sample is obtained in accordance with paragraph (I)(2)(c)(i) of this rule.

(d) When the UST system or portion of the UST system is required to undergo a closure assessment pursuant to paragraph (I)(1)(a)(i) of this rule, the following samples shall be collected and sent to an accredited laboratory for analysis:

(i) The two soil samples with the highest field screening readings from each UST cavity excavation including side wall samples. If the UST cavity excavation contained more than three USTs, an additional soil sample for each multiple or fraction of three USTs. If no field screening readings are exhibited, the samples submitted shall be biased toward the area(s) of greatest suspected contamination;

(ii) For product piping:

(a) One soil sample for every five samples collected, or fraction thereof, from underneath all product piping, and;

(b) Notwithstanding the one-to-five ratio, at least one sample from each distinct piping run that leads to a separate dispensing area or remote fill shall be submitted.

The samples submitted for analysis shall be those with the highest field screening readings from each distinct piping run. The remaining samples shall be those with the highest field screening readings, regardless of location. If no field screening readings are exhibited, the sample submitted shall be biased towards the area of greatest suspected contamination;

(iii) The soil sample with the highest field screening reading from each remote fill pipe area. If no field screening readings are exhibited, the sample submitted shall be biased toward the area(s) of greatest suspected contamination;

(iv) The soil sample with the highest field screening reading from each dispenser island. If more than three dispensing units are present at the island, an additional sample shall be submitted for each multiple or fraction of three dispensing units. If no field screening readings are exhibited, the sample submitted shall be biased toward the area(s) of greatest suspected contamination; and

(v) Any water samples that were collected.

(e) When the UST system or portion of the UST system is required to undergo a closure assessment pursuant to paragraphs (I)(1)(a)(ii) to (I)(1)(a)(v) of this rule, soil and water samples shall be collected by installing a minimum of three soil boring and monitoring wells in the area most likely to contain chemical(s) of concern above action levels. The soil borings and monitoring wells shall be installed, sampled, and analyzed in accordance with paragraph (H)(1)(d)(ii) of rule 1301:7-9-13 of the Administrative Code. Soil boring and monitoring well locations shall be selected to ensure the evaluation of soil and groundwater surrounding the UST system and be biased towards areas most likely to contain chemical(s) of concern. Soil borings and monitoring wells shall be installed and sampled within ninety days of the following:

(i) When an UST system is closed-in-place as described by paragraph (F) of this rule;

(ii) When an UST system is undergoing a change-in-service as described by paragraph (H) of this rule; or

(iii) When an UST system is out-of-service as described by paragraph (E)(6) of this rule for greater than twelve months without a permit or upon the expiration of an out-of-service permit.

(f) All soil samples collected shall be split into two components. One shall be packaged for field screening, and the other packaged for potential laboratory analysis. The sampling and packaging shall be in accordance with procedures established by the state fire marshal.

(i) Soil samples collected for field screening shall be screened on the UST site using equipment calibrated in accordance with manufacturer's instructions and procedures approved by the state fire marshal.

(ii) All samples shall be collected within twenty-four hours of completing the excavation.

(g) With prior approval from the state fire marshal, owners and operators may use the sampling procedures described in paragraph (I)(2)(e) of this rule in place of the sampling procedures described in paragraphs (I)(2)(b) to (I)(2)(d) of this rule to meet the sampling requirements for the removal of an UST system.

(h) If site conditions interfere with the collection of any samples required by paragraphs (I)(2)(b) to (I)(2)(e) of this rule, owners and operators shall obtain approval in writing from the state fire marshal for an alternative sampling protocol.

(i) If an UST system or portion of the UST system was permanently removed, closed-in-place, or underwent a change-in-service on or after September 1, 1992, and a closure assessment was not conducted in accordance with the closure assessment rules in effect at the time or a closure assessment report was not submitted, the state fire marshal may direct the owner or operator to collect soil and groundwater samples by advancing a minimum of three soil borings in the area most likely to contain chemical(s) of concern above action levels. If groundwater is encountered, monitoring wells shall be installed in the soil borings. The soil borings and monitoring wells shall be installed and sampled in accordance with paragraph (H)(1)(d)(ii) of rule 1301:7-9-13 of the Administrative Code. Soil boring and monitoring well locations shall be selected to ensure the evaluation of soil and groundwater surrounding the UST system and be biased towards areas most likely to contain chemical(s) of concern.

(3) Samples sent to the laboratory for analysis pursuant to paragraph (I)(2)(d) or (I)(2)(e) of this rule shall be analyzed for the appropriate chemical(s) of concern. The chemical(s) of concern shall be identified as follows:

(a) For UST systems that contained petroleum products classified as analytical group 1, 2, 3, or 4 as defined in paragraph (H)(1)(c) of rule 1301:7-9-13 of the Administrative Code, the appropriate chemical(s) of concern and analytical methods shall be identified using table 1 of paragraph (H)(1)(c) of rule 1301:7-9-13 of the Administrative Code.

(b) For UST systems that contained petroleum products classified as analytical group 5 in paragraph (H)(1)(c) of rule 1301:7-9-13 of the Administrative Code, chemical(s) of concern and analytical methods must be identified, as appropriate, based on reasonably available information related to typical additives, impurities and/or degradation products of the petroleum product stored or handled at the UST site. Chemical(s) of concern shall also be identified based on their toxicity, mobility, and persistence in the environment. The owner and operator shall consult with and obtain written approval from the state fire marshal for all chemical(s) of concern identified for analysis, the analytical methods to be used to measure the presence of those chemical(s) of concern, and the action levels established for all chemical(s) of concern.

(c) For UST systems that contained a hazardous substance(s) as described in paragraph (E) of rule 1301:7-9-03 of the Administrative Code, additional chemical(s) of concern and analytical methods must be identified, as appropriate, based on substance(s) stored in the UST system and reasonably available information related to typical additives, impurities, and/or degradation products. In addition, chemical(s) of concern shall be identified based on their toxicity, mobility, and persistence in the environment. The owners and operators shall consult with and obtain written approval from the state fire marshal for all appropriate chemical(s) of concern identified for analysis, the analytical methods to be used to measure the presence of those chemical(s) of concern, and the action levels established for all chemicals of concern.

(4) Action level development and comparison shall be conducted as follows:

(a) Action level assumptions.

(i) Assume the soil to be soil class 1 as defined in paragraph (H)(2) of rule 1301:7-9-13 of the Administrative Code or submit laboratory analysis of the soil class that best represents the soil under the UST site in accordance with ASTM D2488-09a "Standard Practice for Description and Identification of Soils (Visual-Manual Procedures)" or the "Unified Soil Classification System." Bedrock shall be assumed to be soil class 1 for the purposes of this rule.

(ii) Assume groundwater exists, and that groundwater is drinking water.

(iii) Assume residential land use.

(b) Action level determination.

(i) For UST systems that contained petroleum products classified as analytical group 1, 2, or 3 as defined in paragraph (H)(1)(c) of rule 1301:7-9-13 of the Administrative Code, action levels must be obtained from table 1 of this rule.

(ii) For UST systems that contained petroleum products classified as analytical group 4 as defined in paragraph (H)(1)(c) of rule 1301:7-9-13 of the Administrative Code, action levels must be obtained from table 1 of this rule. For chemicals of concern not listed in table 1 of this rule, action levels shall be developed by the owner and operator using the same methodologies and assumptions used to determine the action levels set forth in the tables found in paragraph (J)(3) of rule 1301:7-9-13 of the Administrative Code.

(iii) For UST systems that contained petroleum products classified as analytical group 5 as defined in paragraph (H)(1)(c) of rule 1301:7-9-13 of the Administrative Code, action levels shall be developed by the owner and operator using the same methodologies and assumptions used to determine the action levels set forth in the tables found in paragraph (J)(3) of rule 1301:7-9-13 of the Administrative Code.

(c) Action level comparison.

(i) For UST systems that contained petroleum products classified as analytical group 1, 2, 3, 4, or 5 as defined in paragraph (H)(1)(c) of rule 1301:7-9-13 of the Administrative Code, soil and groundwater laboratory analytical results shall be compared to the action levels determined in paragraph (I)(4)(b) of this rule as follows:

(a) If laboratory analytical results exceed the action levels established for the petroleum UST site, owners and operators shall report a confirmed release to the state fire marshal within twenty-four hours of receiving the results and proceed to conduct corrective action in accordance with paragraph (H) of rule 1301:7-9-13 of the Administrative Code.

(b) If laboratory analytical results are at or below all applicable action levels, then no further action is required.

(ii) For UST systems that contained hazardous substances, if soil or groundwater analytical results indicate the presence of chemical(s) of concern identified in paragraph (I)(3)(c) of this rule, owners and operators shall proceed to conduct corrective action in accordance with requirements of sections 9003 and 9005 of the Resource Conservation and Recovery Act of 1976, 42 U.S.C.A. 6991b and 6991e, as amended. If laboratory analytical results indicate no chemical(s) of concern are detected in subsurface soil or groundwater, then no further action is required.

Drinking Water Action Levels*Chemical of Concern Soil Action Levels*
Class 1Class 2**Class 3**
0.005Benzene0.2460.4371.63
1.0Toluene70.7168850
0.7Ethylbenzene84.5130130
10.0Total Xylenes42.751.863.5
0.0014Naphthalene0.5111.124.99
0.0151,2,4 Trimethyl benzene2.375.897.99
0.12Methyl tertiary butyl ether (MTBE)1.582.6711.5
0.000051,2-Dibromoethane (EDB)0.0009820.001770.00734
0.0051,2-Dichloroethane (EDC)0.1010.1770.714
0.00092Benzo(a)anthracene121212
0.0002Benzo(a)pyrene1.21.21.2
0.00092Benzo(b)fluoranthene121212
0.0092Benzo(k)fluoranthene120120120
0.092Chrysene1,2001,2001,200
0.000092Dibenz(a,h)anthracene1.21.21.2
0.00092Indeno(1,2,3-cd)pyrene121212
N/ATPH C6- C121,000.05,000.08,000.0
N/ATPH C10- C202,000.010,000.020,000.0
N/ATPH C20- C345,000.020,000.040,000.0

* COC concentrations are expressed in milligrams per liter (mg/l) or milligrams per kilogram (mg/kg).

** The use of soil class 2 or 3 during the closure assessment requires geotechnical analysis to confirm the classification in accordance with paragraph (I)(4)(a)(i) of this rule.

(J) Closure assessment report.

(1) Owners and operators shall submit one copy of the written closure report to the state fire marshal, which shall be received by the state fire marshal within ninety days from the date the samples are required to be collected by this rule.

(2) Owners and operators shall prepare the information collected in accordance with paragraph (I) of this rule on a form prescribed by the state fire marshal. The closure report shall include the following information:

(a) UST system owner, operator, and facility data.

(i) The facility name, address, zip code, telephone number, and county.

(ii) The facility owners' name, address, zip code, telephone number, and county.

(iii) The UST system owners' name, address, zip code, telephone number, and county.

(iv) The UST system operators' name, address, zip code, telephone number, and county.

(b) UST system data.

(i) The age, capacity, use, and construction material of the UST system that has been closed-in-place, permanently removed, was out-of-service for more than twelve months, or has undergone a change-in-service.

(ii) The substance stored in the UST system.

(iii) Substances, other than petroleum, known to have been formerly stored in the UST system.

(iv) The status of any UST system that is currently-in-use, permanently removed, closed-in-place, undergoes a change-in-service, or has been taken out-of-service.

(v) The disposition of the UST system.

(vi) Date of last use, if known.

(c) Waste disposal data.

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

(ii) A written description of the amount and disposition of any liquids generated from activities conducted in accordance with paragraph (I) of this rule.

(iii) Laboratory data sheets, including the chain-of-custody form(s), for any analysis performed on any liquids and excavated soil or backfill materials generated in accordance with paragraph (I) of this rule.

(d) Sampling data.

(i) Description of the sample collection procedures, sample preservation techniques, sample containers, and decontamination procedures associated with the closure assessment conducted in accordance with paragraph (I) of this rule.

(ii) Details of any field screening conducted, including the instrument readings, location and depth of sampling points, sampling methodology, instrument used, and instrument calibration associated with the closure assessment conducted in accordance with paragraph (I) of this rule.

(iii) A copy of the chain-of-custody form(s) documentation.

(iv) Date of sample collection.

(v) Name and affiliation of the person(s) collecting the samples.

(vi) Identify all sample locations and depths submitted for laboratory analysis.

(e) Laboratory data.

(i) Laboratory analytical sample analysis results required as part of the closure assessment conducted in accordance with paragraph (I) of this rule, presented in tabular form, with laboratory data sheets attached.

(ii) Name, address, and telephone number of the laboratory.

(iii) Name(s) of the sample analyst(s).

(iv) Instrument calibration information.

(v) Sample analysis method used.

(vi) Laboratory detection and quantitation limits used.

(vii) Description of whether the sample analyzed is soil or water.

(viii) Date the samples were received by the laboratory.

(ix) Date the samples were analyzed by the laboratory.

(x) Laboratory analysis summary form as prescribed by the state fire marshal.

(f) Miscellaneous data.

(i) A site map which accurately depicts the sample locations, property boundaries, street locations, above ground structure(s), the UST system(s) including the number of USTs, adjacent properties and their use, any known water wells located on the site, any known monitoring wells located on the site, any utilities uncovered as part of the excavation process, and the location(s) of any other known UST system(s) or portions thereof known to have been closed-in-place or permanently removed.

(ii) A description of the native soil encountered.

(iii) A description of the visual site evaluation required by paragraph (I)(2)(a) of this rule.

(iv) Name, address, telephone number of the UST inspector certified pursuant to rule 1301:7-9-15 of the Administrative Code who was present during the closure-in-place, permanent removal, or change-in-service.

(v) Name of the local fire department with jurisdiction over the UST site.

(vi) Date that the UST system(s) was closed-in-place, permanently removed, underwent a change-in-service, or was out-of-service for more than twelve months.

(vii) Copy of any permit required to be obtained in accordance with paragraph (D)(1) of this rule.

(viii) A completed copy of the closure form as provided by the state fire marshal.

(ix) A copy of the inspection field report signed by the certified installer and inspector.

(K) Previously closed UST systems.

When directed by the state fire marshal, the owner and operator of an UST system that was permanently removed, closed-in-place, or underwent a change-in-service before December 22, 1988, shall assess the excavation zone and close the UST system in accordance with this rule if releases from the UST system, in the judgement of the state fire marshal, pose a current or potential threat to human health and the environment.

(L) Requests for extensions.

If owners and operators desire an extension of time because they are unable to comply with paragraphs (I) to (K) of this rule, the owner and operator shall:

(1) Prepare a written request on a form prescribed by the state fire marshal, signed by the owners and operators, setting forth the following:

(a) The date the information was to be submitted;

(b) The reasons for requesting the extension;

(c) The length of time for which the extension is requested;

(d) The name and complete address of the UST site that is the subject of the extension request; and

(e) The release number, assigned by the state fire marshal, for the UST site that is the subject of the extension request.

(2) Submit a written request in accordance with paragraph (L)(1) of this rule to the state fire marshal prior to the expiration of the time period that is the subject of the extension request. Submission of the written request required by paragraph (L)(1) of this rule is accomplished only upon the actual receipt of the request by the state fire marshal. The state fire marshal may grant, modify, or deny any extension request at his sole discretion.

Supplemental Information

Authorized By: 3737.88, 3737.882
Amplifies: 3737.88, 3737.882
Five Year Review Date: 7/31/2022
Prior Effective Dates: 9/1/1992, 1/22/1993, 3/1/2005
Rule 1301:7-9-13 | Petroleum UST corrective action.
 
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text

Supplemental Information

Authorized By: 3737.88, 3737.882
Amplifies: 3737.88, 3737.882
Five Year Review Date: 7/31/2022
Prior Effective Dates: 5/9/1988, 7/1/2012
Rule 1301:7-9-15 | Delegation of authority to inspect 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 procedures for delegating to certified fire safety inspectors, as defined in division (D) of section 3737.01 of the Revised Code, the authority to issue delegated UST permits and inspect UST systems for compliance with Chapter 1301:7-9 of the Administrative Code. This rule is adopted by the state fire marshal in accordance with Chapter 119. of the Revised Code and shall not be considered a part of the "Ohio Fire Code."

(2) Any individual who has been delegated by the state fire marshal to conduct UST inspections for compliance with Chapter 1301:7-9 of the Administrative Code in accordance with paragraph (F) of this rule is restricted to inspecting those activities requiring a permit as listed in paragraph (C) of rule 1301:7-9-10 of the Administrative Code.

(B) Delegation of authority to local fire agencies to issue permits and perform UST inspections.

(1) Any local fire agency wishing to have the state fire marshal delegate to its certified fire safety inspectors the authority to conduct inspections and issue permits for underground storage tank systems shall submit a written application to the state fire marshal. All applications shall be on a form prescribed and furnished by the state fire marshal and shall include, without limitation, all of the following:

(a) A list of certified fire safety inspectors within the agency who have been issued a certificate to inspect UST systems under paragraph (F) of this rule that will be assigned to conduct UST system inspections;

(b) A copy of the local ordinance or resolution which authorizes the agency to perform inspections and issue written permits for those situations identified in paragraph (C)(3) of this rule within the agency's jurisdictional area;

(c) A map or description of all political subdivisions depicting the agency's jurisdictional area; and

(d) The name, address, and telephone number of the agency's UST inspection coordinator as designated by the chief of the agency.

(2) The state fire marshal shall review all applications. If the state fire marshal determines that the local fire agency has the necessary authority, the state fire marshal may delegate to the agency's certified fire safety inspectors the authority to inspect and issue UST permits for UST systems as limited by this rule.

(a) Local fire agencies which have been delegated authority pursuant to this rule shall retain copies of all permits issued pursuant to paragraph (B)(4) of this rule and all inspection reports prepared within its jurisdictional area pursuant to paragraph (I) of this rule. The local fire agency shall deliver a copy of all UST permits and all inspection reports to the state fire marshal within thirty days of the final inspection.

(b) If a local fire agency which has been delegated authority pursuant to this rule determines that any violation of this chapter exists, that a condition of an UST permit has been violated, or that there has been any false statement or misrepresentation of a material fact on the UST permit application or supporting documentation, the local fire agency shall initiate UST permit revocation proceedings. To initiate revocation proceedings, the local fire agency shall inform the state fire marshal in writing of the proposed UST permit revocation and the reason for the proposed revocation. Upon such notification, the state fire marshal may revoke the UST permit in compliance with Chapter 119. of the Revised Code.

(c) The state fire marshal shall retain any and all authority to bring an action against the responsible person for any violation of this chapter or section 3737.882 of the Revised Code.

(d) The state fire marshal shall retain the authority to revoke any authority delegated pursuant to this rule upon a determination by the state fire marshal that a local fire agency's certified fire safety inspector authorized to perform UST inspections pursuant to paragraph (F) of this rule failed to adequately inspect UST systems within the local fire agency's jurisdiction, failed to keep adequate records, failed to properly apply this chapter, or failed to comply with any requirements of this rule.

(3) Local fire agencies which have been delegated authority pursuant to this rule to conduct UST inspections for compliance with Chapter 1301:7-9 of the Administrative Code are subject to all of the following:

(a) The authority of a certified fire safety inspector authorized to perform UST inspections pursuant to paragraph (F) of this rule shall be limited to the duties identified in paragraph (C) of this rule and to the following:

(i) Such inspectors may approve or deny an extension of the twelve month out of service period within their jurisdictional area in accordance with paragraphs (E)(4) and (E)(6) of rule 1301:7-9-12 of the Administrative Code. All approvals and denials shall be in writing and a copy shall be delivered to the state fire marshal within thirty days of issuance.

(ii) Such inspectors may approve or deny the closure-in-place of an UST system within their jurisdictional area in accordance with paragraph (F) of rule 1301:7-9-12 of the Administrative Code. All approvals and denials shall be in writing and a copy shall be delivered to the state fire marshal within thirty days of issuance.

(b) Certified fire safety inspectors authorized to conduct UST system inspections pursuant to paragraph (F) this rule shall comply with the operational and reporting requirements set forth in paragraph (I) of this rule.

(c) UST inspections shall be performed by certified fire safety inspectors within the agency as listed in paragraph (B)(1)(a) of this rule. The local fire agency may allow other UST inspectors certified pursuant to paragraph (F) of this rule to conduct inspections within its jurisdictional area at its discretion and if not prohibited by local ordinance.

(d) The state fire marshal retains the authority to conduct inspections within the jurisdiction of any local fire agency that has been delegated the authority to conduct inspections under this rule.

(e) Certified fire safety inspectors conducting UST system inspections pursuant to paragraph (F) of this rule shall be limited in the inspections they are allowed to conduct as set forth in paragraph (H) of this rule, except that certified fire safety inspectors assigned to conduct UST inspections within the jurisdictional area of the local fire agency may also conduct UST system inspections of USTs owned by the political subdivision where the local fire agency has jurisdiction.

(4) Local fire agencies which have been delegated authority pursuant to this rule shall issue an UST permit in a form prescribed and provided by the state fire marshal to those responsible persons who have submitted a completed UST permit application. UST permits shall be issued in accordance with paragraph (C) of rule 1301:7-9-10 of the Administrative Code.

(a) No local fire agency shall issue any UST permit pursuant to this rule unless it has been delegated the authority to do so in writing by the state fire marshal.

(b) A local fire agency which has been delegated authority pursuant to this rule shall issue permits for UST systems only within its jurisdictional area.

(c) A local fire agency may determine a reasonable fee for all UST permits and permit related inspections, if any, within its jurisdiction.

(d) Any permit issued by a local fire agency shall not be construed as authority to violate any provision of this chapter.

(e) If a local fire agency which has been delegated authority pursuant to this rule determines that an UST permit application is incomplete, that there has been a false statement or misrepresentation of a material fact on the UST permit application or supporting documentation, or that the proposed activity is in violation of this chapter, the local fire agency shall initiate permit application denial proceedings. To initiate denial proceedings, the local fire agency shall inform the state fire marshal in writing of the proposed denial and the reason for the proposed denial. Upon such notification, the state fire marshal may deny the UST permit application in compliance with Chapter 119. of the Revised Code.

(C) Duties of certified UST inspectors conducting permit inspections.

(1) Any individual who has been certified by the state fire marshal to conduct UST inspections in accordance with paragraph (F) of this rule may inspect the activity for which a UST permit has been issued.

(2) As part of an UST permit inspection, under no circumstances shall a certified UST inspector enter a confined space as defined in 29 CFR 1910.146, as published in the July 1, 2016, Code of Federal Regulations.

(3) A certified UST inspector shall be physically on site for all of the following activities:

(a) In the case of an UST installation, the pre-installation pressure test of the UST, the examination of the excavation prior to the physical placing of the UST into the ground, the backfilling of the UST, the in ground test of the piping and ancillary equipment prior to backfilling, the final tightness test of the UST system and the test of the release detection system prior to placing the UST system into service;

(b) In the case of an UST modification, immediately before purging operations begin, immediately before the UST is cut open for entry, the final tightness test of the UST and the final test of the UST leak detection system prior to placing the UST system back into service;

(c) In the case of a modification for piping, the actual purging, removal, and cleaning of the piping or any of its components, the in-ground test of the piping prior to backfilling the piping, the final tightness test of the modified portion of the piping and the final test of the piping leak detection system, if applicable, prior to placing the UST system back into service;

(d) In the case of a modification of other UST components, the actual purging, removal, and cleaning of the piping or any of its components, the in-ground test of the component prior to backfilling the component, the final tightness test of the UST system and the final test of any leak detection systems, if applicable, prior to placing the UST system back into service;

(e) In the case of a major repair of an UST, immediately before purging operations begin, immediately before the tank is cut open for entry, the final tightness test of the UST and the final test of the UST leak detection system prior to placing the UST system back into service;

(f) In the case of a major repair of piping, the actual purging, removal, and cleaning of the piping or any of its components, the in-ground test of the piping prior to backfilling the piping, the final tightness test of the piping and the final test of the piping leak detection system, if applicable, prior to placing the UST system back into service;

(g) In the case of a major repair of other UST components, the actual purging, removal, and cleaning of the piping or any of its components, the in-ground test of the component prior to backfilling the component, the final tightness test of the component and the final test of any leak detection systems, if applicable, prior to placing the UST system back into service;

(h) In the case of removal of an UST system or any of its components, immediately before purging operations begin, immediately before the tank is cut open for any purpose, the actual removal of the UST system or any of its components from the ground and the final disposition of the UST before the UST leaves the site;

(i) In the case of closure-in-place of an UST system, immediately before purging operations begin, immediately before the opening of the tank top, immediately during any removal or closure-in-place of piping and ancillary equipment, and at the completion of the actual filling of the tank with inert solid material before covering the UST;

(j) In the case of the placing of an UST system out of service for more than ninety days, immediately before the UST, piping and ancillary equipment are secured; and

(k) In the case of the performance of a change in service of an UST system, immediately before purging operations begin and during any removal or closure-in-place of piping and ancillary equipment, if applicable.

(4) Any inspector certified to inspect UST systems under paragraph (F) of this rule who observes activity that is in conflict with normal work or safety requirements referenced by this chapter shall immediately notify the certified UST installer of the activity. If the certified UST installer fails to correct the activity in a timely manner, the certified UST inspector shall instruct the certified UST installer to secure the UST system in a safe manner and to cease all UST related work. The certified UST inspector shall immediately notify the state fire marshal, and work shall not resume until approval is given by the state fire marshal.

(D) New application and examination requirements for an UST inspector.

Any individual who wishes to apply to become certified as an UST inspector shall meet all of the following application requirements:

(1) The applicant shall submit a complete application to the state fire marshal, on a form prescribed and furnished by the state fire marshal, accompanied by a non-refundable examination fee of twenty-five dollars. The state fire marshal shall also assess the applicant any fee charged by the superintendent of the bureau of criminal identification and investigation for the results of a background check to the applicant;

(2) The applicant shall be an individual and shall be at least eighteen years of age;

(3) If the applicant is not a resident of Ohio, the applicant shall provide an irrevocable consent to legal service from Ohio on a form prescribed and furnished by the state fire marshal;

(4) The applicant shall demonstrate compliance with one of the following:

(a) Has obtained a certificate of completion from an UST installer training program pursuant to paragraph (M)(3) or (M)(9) of rule 1301:7-9-11 of the Administrative Code; or

(b) Is a certified UST installer;

(5) The applicant shall be a certified fire safety inspector as that term is defined in division (D) of section 3737.01 of the Revised Code.

(6) The applicant has not been convicted of a felony;

(7) The applicant shall not have had any authorization to act as a certified UST inspector pursuant to this rule previously revoked by the state fire marshal;

(8) The applicant shall complete an UST inspector training program in accordance with paragraph (E) of this rule and submit an application to become a certified UST inspector under paragraph (D)(1) of this rule within one year of completing the UST inspector training program; and

(9) The applicant shall satisfactorily pass the UST inspector examination.

(a) The examination shall be a written multiple-choice examination covering all aspects of the inspection of the installation, replacement, repair, closure-in-place, removal, modification, placing out of service, and performing a change in service of underground storage tank systems. The exam shall also cover knowledge of sections 3737.88 to 3737.882 of the Revised Code, this chapter of the Administrative Code, current technological and industry recommended practices with respect to the proper installation, replacement, repair, closure-in-place, removal, modification, placing out of service, and performing a change in service of UST systems. An applicant may request permission to take the examination in oral form for good cause shown, as determined by the state fire marshal.

(b) To satisfactorily pass the examination, the applicant shall obtain a minimum score of seventy-five per cent on the exam. Any applicant who fails an examination may request re-examination upon payment of a non-refundable twenty-five dollar fee. An application for re-examination will remain pending for that purpose for a period of one year after the date the application was submitted. If the applicant has not requested re-examination within the one year period, the applicant must file a new application for certification with the state fire marshal.

(c) The examination shall be offered by and at the discretion of the state fire marshal at such places as the state fire marshal determines. The state fire marshal shall announce the time and location of an examination at least twenty days in advance of the exam and shall, at least seven days in advance of the exam, provide notice of the exam to all persons who have completed applications for certification since the date of the previous examination.

(d) Only persons who have filed applications and submitted fees in accordance with paragraph (D)(1) or (G)(1)(a) of this rule are eligible to take the examination.

(e) All examinations will be graded and the applicants notified of the results within twenty days of the date of the examination. Examinations will not be returned to the applicant, but may be reviewed by the applicant at the office of the state fire marshal or alternate locations as approved by the state fire marshal.

(E) UST inspector training and continuing education programs.

(1) The state fire marshal may conduct certified UST inspector training and continuing education programs. Any such program shall include appropriate instructional methods and written pre-test and post-test examinations, as determined by the state fire marshal.

(2) Any individual who wishes to attend a certified UST inspector training or continuing education program shall submit a complete application to the state fire marshal, on a form prescribed by the state fire marshal, accompanied by a non-refundable fee established by the state fire marshal, prior to the first scheduled day of the training program.

(3) Attendance shall be required at all classroom sessions except for valid reasons. The faculty is authorized to determine the validity of absences. Any absentee from any scheduled classroom session shall make up such attendance as required by the faculty.

(4) Upon conclusion of any certified UST inspector training or continuing education program, the state fire marshal shall issue a certificate of completion to all persons who complied with all of the following requirements:

(a) Attended all of the program's sessions or complied with paragraph (E)(3) of this rule;

(b) Submitted an application and fee to the state fire marshal pursuant to paragraph (E)(2) of this rule; and

(c) Successfully completed the program's pre-test and post-test examinations.

(F) Certification to inspect UST systems.

(1) The state fire marshal shall issue a certification to inspect UST systems to each applicant who meets the requirements of paragraph (D) of this rule. The certification to inspect shall be valid for three years following the date of issuance by the state fire marshal.

(2) Individuals possessing valid certifications to inspect UST systems prior to March 1, 2005, may continue to perform UST inspections in accordance with this rule provided that the individual renews the certification to inspect in accordance with paragraph (G) of this rule.

(3) Any certified fire safety inspector that has been assigned on or before December 31, 1996, to conduct UST system inspections by a local fire agency that has been delegated authority pursuant to this rule and is on the list submitted to state fire marshal pursuant to paragraph (B)(1)(a) of this rule may continue to conduct UST system inspections within the jurisdictional area of the local fire agency.

(a) The state fire marshal shall issue a certification to inspect UST systems to each fire safety inspector who meets the requirements of this paragraph of this rule. The certifications to inspect shall be valid for three years following the effective date of this rule and shall limit the fire safety inspector to the jurisdictional area of the local fire agency where assigned.

(b) Each fire safety inspector who meets the requirements of this paragraph of this rule shall comply with paragraph (G) of this rule for renewal of certification to inspect UST systems.

(c) The authority of a certified fire safety inspector to inspect UST systems in accordance with this paragraph of this rule shall end upon separation of the inspector from the local fire agency.

(G) Renewal of certification to inspect UST systems.

(1) Certifications to inspect UST systems shall be renewed every three years following the date of issuance by the state fire marshal. No less than ninety days prior to expiration of a certification, the state fire marshal shall send a renewal application to the certification holder at the latest address indicated on file. Any individual certified to inspect UST systems pursuant to this rule who wishes to apply for renewal of a certification to inspect shall meet all of the following renewal requirements:

(a) Prior to the expiration date of the certification to inspect, submit a certification to inspect renewal form to the state fire marshal on a form prescribed by and available from the state fire marshal accompanied by a non-refundable fee of twenty-five dollars; and

(b) Demonstrate in a manner prescribed by the state fire marshal attendance at all courses required under paragraph (G)(2) of this rule.

(2) Upon a determination by the state fire marshal that substantial changes have been made to sections 3737.87 to 3737.882 of the Revised Code, this chapter of the Administrative Code, or UST technology, the state fire marshal may require applicants for renewal of certifications to inspect UST systems to complete a continuing education course as specified by the state fire marshal as a condition of renewal of certification. The state fire marshal shall develop the continuing education course pursuant to paragraph (E) of this rule and shall notify all certified UST inspectors, in a timely fashion, of the continuing education requirement, the location, dates and times when the course will be offered.

(3) The state fire marshal shall renew a certification to inspect UST systems for each applicant who meets the applicable requirements of paragraph (G)(1) of this rule. The renewal of a certification to inspect shall be valid for three years following issuance by the state fire marshal.

(4) The state fire marshal may grant a variance from the timely submittal of renewal applications if the applicant demonstrates good cause as determined by the state fire marshal.

(5) After expiration of a certification, any application for renewal will be considered as a new application and the applicant shall be required to pass an examination as defined in paragraph (D)(9) of this rule prior to certification.

(H) Limitations on authority to inspect.

(1) Any individual certified to inspect UST systems pursuant to this rule shall not inspect the installation or replacement of, making major repairs on site to, closure-in-place of, removal of, modification of, change in service of or placing out of service more than ninety days of UST systems where that certified inspector performed work on the UST system being inspected, supervised the work on the UST system being inspected, or is employed by or associated with the certified installer whose work is being inspected.

(2) Any individual certified to inspect UST systems pursuant to this rule shall not inspect the installation or replacement of, making major repairs on site to, closure-in-place of, removal of, modification of, change in service of or placing out of service more than ninety days of UST systems for any owner or operator where that certified inspector is employed by the owner or operator or any of the owner's or operator's companies, partnerships, subsidiaries, related companies, or the like.

(a) This prohibition does not prevent a certified inspector from being employed by the owner or operator to conductthe necessary inspections listed in paragraph (C)(3) of this rule.

(b) This prohibition does not prevent a certified inspector from being employed by the owner or operator to assess UST systems for compliance with rules 1301:7-9-06 and 1301:7-9-07 of the Administrative Code. The state fire marshal shall retain any and all authority to accept or reject an assessment by a certified inspector.

(3) Any individual certified to inspect UST systems pursuant to this rule shall not inspect the installation or replacement of, making major repairs on site to, closure-in-place of, removal of, modification of, change in service of or placing out of service more than ninety days of UST systems for any owner or operator where the certified inspector is employed by the certified UST installer being inspected or any of the certified UST installer's companies, partnerships, subsidiaries, related companies, or the like.

(4) Any individual certified to inspect UST systems pursuant to this rule shall not inspect the installation or replacement of, making major repairs on site to, closure-in-place of, removal of, modification of, change in service of or placing out of service more than ninety days of UST systems where the certified inspector is the owner or operator of the UST systems being inspected, is a partner in the partnership that is the owner or operator of the UST systems being inspected, or owns a substantial interest in any subsidiary of, related company to, or corporation that is the owner or operator of the UST systems being inspected. For purposes of this rule, "substantial interest" means the ability to directly influence the day-to-day operations of the subsidiary, related company, or corporation, including but not limited to the ability to hire, evaluate and dismiss employees.

(5) Any individual certified to inspect UST systems pursuant to this rule shall not inspect the installation or replacement of, making major repairs on site to, closure-in-place of, removal of, modification of, change in service of or placing out of service more than ninety days of UST systems where the certified inspector is the certified UST installer being inspected, is a partner in the partnership that is the certified UST installer being inspected, or owns a substantial interest in a subsidiary of, related company to, or corporation that is the certified UST installer being inspected. For purposes of this rule, "substantial interest" means the ability to directly influence the day-to-day operations of the subsidiary, related company, or corporation, including but not limited to the ability to hire, evaluate and dismiss employees.

(6) Any individual certified to inspect UST systems pursuant to this rule shall not inspect the installation or replacement of, making major repairs on site to, closure-in-place of, removal of, modification of, change in service of or placing out of service more than ninety days of UST systems where the certified inspector is employed by or associated with a corporation, association, partnership, individual or any other group or person providing any service related to the environmental assessment or testing for the installation of, making major repairs on site to, closure-in-place of, removal of, modification of, change in service of or placing out of service more than ninety days of UST systems, including, without limitation, the collection of any sample or preparation of any reports or other documents required pursuant to rule 1301:7-9-12 of the Administrative Code.

(I) Operational and reporting requirements for certified UST inspectors.

(1) For each visit to a location to conduct a permit inspection, the certified UST inspector shall entirely and accurately complete an inspection report on a form prescribed and provided by the state fire marshal, obtain the signature of the certified installer engaged in the activity inspected, and sign the inspection report prior to leaving the location.

(2) Within thirty days of an inspection, the certified UST inspector shall cause the original of the completed inspection report form required by paragraph (I)(1) of this rule to be delivered to the state fire marshal. Those inspection report forms originating in areas where authority has been delegated to the certified fire safety inspectors of the local fire agency in accordance with paragraph (B)(2) of this rule shall be submitted to the state fire marshal in accordance with paragraph (B)(2)(a) of this rule.

(3) Prior to leaving the permit inspection location, the certified UST inspector shall cause a copy of the completed inspection report form required by paragraph (I)(1) of this rule to be delivered to the owner or the owners representative of the UST system upon which the inspection was performed.

(4) A certified UST inspector shall inform the state fire marshal of any change in the certified inspector's mailing address within thirty days of the change of address becoming effective. Notice of any change in a mailing address shall be in writing and directed to the state fire marshal.

(5) A certified UST inspector shall conduct all inspections pursuant to and consistent with the inspection report form prescribed by the state fire marshal and in accordance with all applicable requirements of this chapter.

(J) Grounds for denial to issue, refusal to renew, suspension, or revocation of a certificate to inspect UST systems.

(1) Any application for a certification to inspect UST systems shall be denied by the state fire marshal in accordance with Chapter 119. of the Revised Code when any of the following occur:

(a) The applicant failed to demonstrate compliance with any requirement of paragraph (D) of this rule; or

(b) The applicant made a misrepresentation or submitted false statements with the initial application.

(2) An application for renewal of a certification to inspect UST systems shall be denied by the state fire marshal pursuant to Chapter 119. of the Revised Code when any of the following occur:

(a) The applicant failed to demonstrate compliance with paragraph (G) of this rule;

(b) The applicant made a misrepresentation or submitted false statements with the renewal application;

(c) The applicant obtained initial certification to inspect or any renewal of a certification to inspect through fraud or misrepresentation; or

(d) The applicant has been convicted of a felony.

(3) Any certification to inspect and any renewal of a certification to inspect issued pursuant to this rule may be suspended or revoked by the state fire marshal pursuant to Chapter 119. of the Revised Code for any of the following reasons:

(a) The certified inspector obtained initial certification to inspect or any renewal thereof through fraud or misrepresentation;

(b) The certified inspector was not present at the location during the performance of any activities described in paragraph (C) of this rule;

(c) The certified inspector failed to demonstrate compliance with any of the operation and reporting requirements in paragraph (I) of this rule;

(d) The certified inspector fails to attend any continuing education training required by the state fire marshal pursuant to paragraph (G)(2) of this rule within the time period prescribed by the state fire marshal;

(e) The certified inspector filed any false document with the state fire marshal related to any inspection conducted pursuant to certification to inspect granted pursuant to this rule;

(f) The certified inspector violated a provision of this chapter;

(g) The certified inspector has been convicted of a felony;

(h) The certified inspector has conducted any inspection prohibited by paragraph (H) of this rule; or

(i) The certified inspector has conducted any inspection or assessment pursuant to this rule in a manner that is less than reasonable and prudent using guidelines and procedures established in training required by paragraph (E)(1) of this rule.

Supplemental Information

Authorized By: 3737.88(A)
Amplifies: 3737.88(A)
Five Year Review Date: 7/31/2022
Prior Effective Dates: 11/26/1990 (Emer.), 1/1/1997, 3/31/1999
Rule 1301:7-9-16 | Petroleum contaminated soil.
 

(A) Purpose and scope.

For the purpose of prescribing rules pursuant to divisions (A) and (E) of section 3737.88 and division (B) of section 3737.882 of the Revised Code, the state fire marshal hereby adopts this rule governing the storage, treatment, and disposal of petroleum contaminated soil excavated during corrective actions undertaken in response to releases of petroleum from underground storage tanks. This rule is adopted by the state fire marshal in accordance with Chapter 119. of the Revised Code and shall not be considered a part of the "Ohio Fire Code."

(B) Definitions.

(1) "Designated facility" means an area of land not open to the public that is owned by, or under a written lease or contract to, the owner and operator of an underground storage tank system that is used to store or treat petroleum contaminated soil generated from one or more of their UST sites.

(2) "Disposal" means to abandon or discard.

(3) "Excavated soil" means soil removed from the surface or subsurface in conjunction with a suspected release as that term is defined in paragraph (C) of rule 1301:7-9-13 of the Administrative Code; in conjunction with a release as that term is defined in paragraph (C) of rule 1301:7-9-13 of the Administrative Code; in conjunction with a confirmed release as that term is defined in paragraph (C) of rule 1301:7-9-13 of the Administrative Code; or in conjunction with the closure-in-place or permanent removal of an UST system pursuant to rule 1301:7-9-12 of the Administrative Code.

(4) "Hazardous waste" has the same meaning as set forth in Chapter 3745-51 of the Administrative Code.

(5) "Licensed disposal facility" means a facility that has obtained such permits or licenses that this or another state may require to accept materials for permanent burial, destruction, or treatment including petroleum contaminated soil.

(6) "Off-site" means not located on the same parcel of land as the UST system that generated petroleum contaminated soil or any parcel of land contiguous thereto that is owned or under the control of the owner or operator of said UST system.

(7) "On-site" means located on the same parcel of land as the UST system that generated petroleum contaminated soil or any parcel of land contiguous thereto that is owned or under the control of the owner or operator of said UST system. Property separated by a public or private right-of-way or easement shall be considered contiguous.

(8) "Petroleum contaminated soil" or "PCS" means soil that contains chemicals of concern in concentrations that exceed one or more of the re-use action levels in table 1 found in paragraph (D)(1) of this rule and excludes soil defined as hazardous waste.

(9) "Re-use" means to use a material for:

(a) The same purpose for which it was used originally;

(b) A different purpose for which the generator of the material receives compensation upon transfer to another party; or

(c) Another purpose having commercial value to the generator or a recipient of the material.

(10) "Soil" means solid and semi-solid earthen materials or backfill consisting of clay, silt, sand, stones, or gravel and any debris contained therein.

(11) "Storage" means to accumulate, collect, or stockpile excavated soil or petroleum contaminated soil on-site or off-site.

(12) "Treatment" means use of any method, process, or technique other than storage or disposal designed to remove or reduce one or more chemicals of concern from petroleum contaminated soil.

(C) Characterization, sampling, and analysis.

(1) Characterization of excavated soil.

Upon excavation of soil, the owner or operator shall determine whether the excavated soil is hazardous waste. Excavated soil that is determined to be a hazardous waste shall be managed pursuant to the applicable provisions of Chapters 3745-52 to 3745-69 of the Administrative Code.

(2) Sampling and analysis of excavated soil.

(a) Except as provided in paragraph (C)(2)(b) of this rule, sampling and analysis shall be conducted pursuant to rule 1301:7-9-17 of the Administrative Code.

(b) Excavated soil that is not stored on-site but is shipped directly to a licensed disposal facility following excavation shall be sampled and analyzed prior to shipment to the extent required by the licensed disposal facility receiving the soil. Persons arranging for off-site transport and transporters of excavated soil that qualifies as "hazardous material" shall comply with "Federal Hazardous Material Transportation Rules," 49 C.F.R. Parts 171-179, as published in the October 1, 2016, Code of Federal Regulations. Prior to shipment, additional analyses may be necessary to determine whether excavated soil is "hazardous material."

(D) Re-use of excavated soil.

(1) If excavated soil sampled and analyzed pursuant to paragraph (C) of this rule does not exceed re-use action levels in table 1 of this rule for any chemicals of concern, then the owner or operator may use the soil for any lawful purpose. This paragraph shall not be interpreted as authorizing use of such soil for purposes prohibited or otherwise restricted by any applicable federal, state, or local laws and regulations.

CHEMICAL OF CONCERNACTION LEVEL
Benzene0.0246
Toluene7.07
Ethylbenzene8.45
Total Xylenes42.7
Naphthalene0.051
1,2,4 Trimethyl benzene0.237
Methyl Tertiary Butyl Ether (MTBE)0.158
1,2-Dibromoethane (EDB)0.000982
1,2-Dichloroethane (EDC)0.0101
Benzo(a)anthracene12
Benzo(b)fluoranthene12
Benzo(k)fluoranthene120
Benzo(a)pyrene1.2
Chrysene1200
Dibenz(a,h)anthracene1.2
Indeno(1,2,3-cd)pyrene12
TPH (C6-C12)1000
TPH (C10-C20)2000
TPH (C20-C34)5000

All chemical concentrations expressed in milligrams per kilogram (mg/kg)

(2) If excavated soil sampled in accordance with paragraph (C) of this rule does not exceed the applicable action levels listed in rule 1301:7-9-13 of the Administrative Code, then the excavated soil may be deposited in the original excavation without further treatment. Following placement in the excavation, the soil shall be covered with a minimum of one foot of clean fill.

(3) Following approval from the state fire marshal, excavated soil that exceeds the applicable action levels listed in rule 1301:7-9-13 of the Administrative Code may be deposited in the original excavation for the purpose of remediation pursuant to the corrective action requirements of rule 1301:7-9-13 of the Administrative Code.

(4) When soil samples have been collected, but the analytical results have not been received, the excavated soil may be deposited in the original excavation if the excavation is lined with a synthetic liner having a minimum thickness of ten mil.

(5) If closure samples collected and analyzed pursuant to paragraph (I) of rule 1301:7-9-12 of the Administrative Code are below action levels developed pursuant to paragraph (I) of rule 1301:7-9-12 of the Administrative Code and PCS which was deposited in the original lined excavation pursuant to paragraph (D)(4) of this rule is determined to be above action levels, owners and operators are required to conduct one of the following:

(a) Submit a PCS treatment plan pursuant to paragraph (I)(2) of this rule; or

(b) Excavate and properly dispose of the PCS within ninety days of collecting samples for the permanent removal of a UST system or portion of the UST system in accordance with paragraph (G) of rule 1301:7-9-12 of the Administrative Code.

(6) The state fire marshal may approve the re-use of excavated soil in lieu of or in conjunction with the treatment requirements of this rule on a case-by-case basis where such re-use will provide a benefit to the citizens of Ohio and not cause harm to human health or the environment. The owner or operator may make a request in writing to the state fire marshal describing the proposed re-use. Should the state fire marshal approve the request, the state fire marshal may approve such terms or conditions, including treatment of the excavated soil prior to re-use, that the state fire marshal deems necessary to assure that the proposed re-use will not harm human health or the environment.

(E) On-site storage of excavated soil.

(1) Excavated soil remaining on-site shall be stored as follows:

(a) In portable containers that are free of holes or other damages that may allow a release of material, are secured with lids or covers to prevent infiltration of rainwater, and are individually labeled with the date of excavation and the words: "Non-hazardous soil or backfill. May contain soil contaminated by petroleum products."

(b) In stockpiles protected by a synthetic cover that prevents infiltration from rainwater or run-off of soil and by berms or other devices that diverts run-on of storm water. A twenty-four hour once in ten-year rain event shall be used to design such controls.

(c) During storage, stockpiles shall be placed on an asphalt pad, concrete pad, compatible synthetic liner having a minimum thickness of ten mil, or another material specifically approved by the state fire marshal that prevents the leaching of chemicals of concern. Synthetic liners shall be installed with overlaps of not less than twelve inches and shall be free of rips, tears, or other damage. Excavated soil shall be placed on the liner in a manner that insures liner integrity. A temporary fence, barrier, or other device shall be used to prevent unauthorized entry to storage areas.

(d) All storage techniques shall be constructed and maintained to minimize the release of petroleum vapors and odors.

(2) The owner or operator of the UST site used for storage of PCS shall inspect all storage areas monthly for damage to or unauthorized removal of drums, drum lids, labels, covers, berms, fences, other barriers, or signs used to deter unauthorized entry. A written log of such inspections shall be maintained for a period of five years. The log shall be made available for inspection during normal working hours upon twenty-four hours advance notice by the state fire marshal. Within forty-eight hours of discovery of damage or receipt of notice from the state fire marshal that damage has occurred, the owner or operator shall confirm whether damage has occurred, initiate such repairs as necessary to return the storage area to compliance with this rule, and place in the inspection log a description of the damage found and actions taken.

(3) PCS may be stored on-site in portable containers for a period not to exceed one hundred eighty days from the date the soil was first placed in the containers.

(4) PCS may be stored on-site in a stockpile for a period not to exceed one hundred twenty days from the date the soil was first placed in the stockpile.

(5) The owner or operator shall maintain a record for five years of the estimated volume of the excavated soil being stored and the date the soil was first placed in containers or a stockpile.

(F) Off-site transportation of excavated soil and related documentation.

(1) Prior to the off-site shipment of excavated soil, the owner or operator shall prepare a transport manifest identifying the origin, amount, and destination of the shipment. The owner or operator of the UST site or agent thereof shall sign the delivery record at the time of shipment. Following delivery, the transporter shall sign the record and return it to the owner or operator, who shall retain the record for a period of five years. The record shall be made available for inspection during normal working hours upon twenty-four hours advance notice by the state fire marshal.

(2) Existing federal, state, and local transportation laws and regulations shall continue to apply to the shipment of PCS. This rule is not intended to displace or revise such laws and regulations.

(G) Temporary off-site storage areas.

(1) PCS from one or more UST sites owned or under the control of the same owner or operator may be transported from the UST site to an off-site storage area and stored for a period not to exceed ninety days from date of excavation. The off-site storage area must be owned or under the control of the owner or operator of the UST sites, that generated the PCS.

(2) The owner or operator shall submit, on a form prescribed by the state fire marshal, the details of the origin, transportation and storage of the soil stored off-site within ten days of commencing off-site storage.

(3) PCS delivered to a storage area shall be stored in accordance with the requirements of paragraphs (E)(1), (E)(2), and (E)(5) of this rule.

(4) Prior to further transport of the PCS from the storage area, the owner or operator shall add the date of transport and destination to the delivery record required by paragraph (F)(1) of this rule.

(H) Disposal of petroleum contaminated soil.

(1) Excavated PCS shall not be disposed on-site or off-site without first being treated to reduce chemicals of concern in accordance with this rule, unless the soil is disposed of at a licensed disposal facility.

(2) Following disposal of PCS at a licensed disposal facility, owners and operators shall prepare a report that describes the final disposition of the excavated soil on a form prescribed by the state fire marshal.

(3) All PCS containing concentrations of chemicals of concern shall be managed in a manner that complies with applicable federal, state, and local requirements.

(I) Treatment of petroleum contaminated soil PCS.

(1) Applicability.

(a) A "PCS Treatment Plan" shall be submitted in accordance with this paragraph for approval to the state fire marshal, unless one of the following occurs:

(i) The PCS was not returned to the original excavation and is disposed of at a licensed disposal facility;

(ii) The PCS is managed pursuant to rule 1301:7-9-13 of the Administrative Code; or

(iii) The PCS meets the criteria in paragraph (D)(2) of this rule.

(b) PCS must be treated at one of the following locations:

(i) The UST site;

(ii) A designated facility; or

(iii) A licensed disposal facility.

(2) PCS treatment plan contents.

Owners or operators shall submit a PCS treatment plan to the state fire marshal within ninety days of the UST system removal date or the date of generating the PCS stockpile. Treatment target concentrations shall be the re-use action levels from table 1 of this rule unless a variance is granted by the state fire marshal. The PCS treatment plan shall include, but is not limited to the following information:

(a) Name of owner or operator;

(b) Name, address, and facility number of the UST site;

(c) Address of the designated facility or licensed disposal facility, if applicable;

(d) Contact person for the PCS treatment plan;

(e) The volume, in cubic yards, of soil to be treated;

(f) A description of the PCS treatment process to be implemented;

(g) A conceptual design of the PCS treatment system (detailed engineering drawings are not necessary);

(h) A brief description of the treatment alternatives considered, including a discussion of the reliability, effectiveness, cost, and time needed for completion, and the rationale for the selected program;

(i) A monitoring plan that describes the monitoring to be used to determine whether treatment target concentrations are being achieved;

(j) A description of the reporting frequency and proposed content of reports;

(k) A description of any permits (e.g., air emission, water discharge) or other governmental approvals required for implementation of the plan;

(l) An implementation schedule and the projected completion date of the proposed PCS treatment activities; and

(m) Site maps or drawings that accurately depict the location of the designated facility, the property boundaries, street locations, above ground structures, underground structures and utilities, soil stockpiles, PCS treatment areas, and other pertinent features.

(3) Public participation.

(a) For each PCS treatment plan submitted to the state fire marshal, the owner or operator shall provide notice to the public.

(b) Public notice shall be by means designated to reach those members of the public directly affected by the release and the planned treatment activities. This notice may include, but is not limited to, public notice in local newspapers, block advertisements, public service announcements, letters to individual households, or personal contacts by field staff.

(c) The state fire marshal shall ensure the UST site release information and decisions concerning the PCS treatment plan are made available to the public for inspection upon request.

(d) Before approving a PCS treatment plan the state fire marshal may hold a public meeting to consider comments on the proposed PCS treatment plan if there is sufficient public interest or for any other reason.

(4) Implementation of PCS treatment plan.

(a) Upon approval of the PCS treatment plan, owners or operators shall implement the plan. Owners or operators shall monitor, evaluate, and report to the state fire marshal the results of implementation efforts in accordance with the reporting requirements contained in the plan.

(b) If the treatment technology approved by the state fire marshal in the plan has been installed and operated for a minimum of one year and the technology is unable to reduce the concentrations of chemicals of concern to a level at or below applicable action levels, then the owner and operator must:

(i) Re-evaluate the assumptions and parameters used in the PCS treatment plan;

(ii) Re-evaluate the treatment alternatives; and

(iii) Submit a revised PCS treatment plan.

(c) If treatment is able to reduce concentrations of chenmicals of concern to a level at or below applicable action levels, then no further treatment is required.

(5) Reporting.

Following completion of PCS treatment in accordance with the approved plan, owners or operators shall prepare a PCS treatment completion report that demonstrates that the treatment objectives have been met. The report shall contain documentation supporting termination of treatment activities in accordance with paragraph (I)(2) of this rule, including a description of the final disposition of the excavated soil, on a form prescribed by the state fire marshal.

(J) Releases from PCS treatment and storage facilities.

(1) When directed by the state fire marshal, owners and operators shall assess the soil and groundwater under any designated facility or UST site if the treatment or storage of PCS may, in the judgment of the state fire marshal, pose a current or potential threat to human health or the environment.

(2) Upon the discovery of a petroleum impact suspected to be the result of the treatment or storage of PCS, the owner and operator shall conduct the following:

(a) Cease all additional applications of PCS until otherwise instructed by the state fire marshal;

(b) Notify the state fire marshal within twenty-four hours of the discovery of the soil or groundwater contamination; and

(c) Perform immediate corrective action in accordance with the requirements of rule 1301:7-9-13 of the Administrative Code and continue with the corrective action process, as necessary, to contain and clean up the release.

(K) Variances.

(1) Owners and operators may submit a variance request to the state fire marshal to deviate from any method or requirement specified in this rule by demonstrating that the proposed variance is at least as effective as those required by this rule. Written approval must be obtained from the state fire marshal prior to implementation. If the variance is approved by the state fire marshal, the owners and operators shall comply with any conditions imposed by the state fire marshal. The state fire marshal may grant, modify, or deny any extension request at his sole discretion.

(2) The state fire marshal may approve the variance for use at a specific UST site or for use at all UST sites. If the state fire marshal approves a variance for use at all UST sites, the owners and operators shall comply with any conditions imposed by the state fire marshal on the use of the variance.

Supplemental Information

Authorized By: 3737.88(A), 3737.88(E), 3737.882
Amplifies: 3737.88(A), 3737.88(E), 3737.882
Five Year Review Date: 7/31/2022
Prior Effective Dates: 3/1/2005
Rule 1301:7-9-17 | Sampling and analysis of excavated soil for the purpose of treatment and disposal.
 

(A) Purpose and scope.

For the purpose of prescribing rules pursuant to divisions (A) and (E) of section 3737.88 and division (B) of section 3737.882 of the Revised Code, the state fire marshal hereby adopts this rule governing the sampling and analysis of excavated soil arising from underground storage tank systems containing petroleum. This rule is adopted by the state fire marshal in accordance with Chapter 119. of the Revised Code and shall not be considered a part of the "Ohio Fire Code."

(B) Definitions.

(1) "Excavated soil" means soil removed from the surface or subsurface in conjunction with a suspected release as that term is defined in paragraph (C) of rule 1301:7-9-13 of the Administrative Code; in conjunction with a release as that term is defined in paragraph (C) of rule 1301:7-9-13 of the Administrative Code; in conjunction with a confirmed release as that term is defined in paragraph (C) of rule 1301:7-9-13 of the Administrative Code; or in conjunction with the closure-in-place or permanent removal of an UST system pursuant to rule 1301:7-9-12 of the Administrative Code.

(2) "Petroleum contaminated soil" or "PCS" means soil that contains chemicals of concern in concentrations that exceed one or more of the re-use action levels in table 1 of rule 1301:7-9-16 of the Administrative Code and excludes soil defined as hazardous waste.

(3) "Soil" means solid and semi-solid earthen materials or backfill consisting of clay, silt, sand, stones, or gravel and any debris contained therein.

(4) "Licensed disposal facility" means a facility that has obtained such permits or licenses that this or another state may require to accept materials for permanent burial, destruction, or treatment, including petroleum contaminated soil.

(C) General requirements.

(1) Excavated soil shall be segregated based upon apparent degree of contamination.

(2) Each soil pile or container of soil shall be sampled in accordance with this rule. The soil sample containing the highest analytical result shall characterize the entire soil pile or container for disposal, treatment, or re-use.

(3) All excavated soil shall be managed as PCS unless laboratory analysis indicates otherwise.

(4) The volume of excavated soil, for each soil pile or container, shall be calculated to determine the number of soil samples that shall be collected to comply with this rule. In-situ soil volume shall be converted to excavated soil volume by multiplying the in-situ volume by an expansion factor of 1.25. This paragraph shall not apply to excavated soil stored in containers.

(5) Analytical results obtained pursuant to paragraph (I) of rule 1301:7-9-12 of the Administrative Code shall not be used to characterize excavated soil generated during a permanent removal, change-in-service, or closure-in-place of an UST pursuant to rule 1301:7-9-12 of the Administrative Code.

(6) All soil samples collected for the purposes of this rule shall be discrete grab samples. Composite soil samples shall not be used for the purposes of complying with this rule. All excavated soil shall be sampled within forty-eight hours of the completion of the excavation.

(7) Grab samples shall be split into two components. One component shall be packaged for field screening, and the other packaged for potential laboratory analysis. The sampling and packaging shall be in accordance with procedures established by the state fire marshal.

(8) If field screening is not conducted on the grab samples, all of the grab samples collected shall be submitted for laboratory analysis.

(9) All soil samples must be analyzed by an accredited laboratory.

(D) Combining piles.

Excavated soil may be combined provided they are segregated in accordance with this rule. When combining soil, one or more of the following shall be conducted:

(1) Excavated soil generated from various areas of an UST site may be combined at the discretion of the owner or operator;

(2) Excavated soil from different facilities may be combined for purposes of characterizing the soil pile. However, if one or more of the chemicals of concern exceed re-use action levels, referenced in table 1 of rule 1301:7-9-16 of the Administrative Code, the soil must be disposed of at a licensed disposal facility; or

(3) If all the combined excavated soil has not been previously characterized prior to being combined, it shall be characterized in accordance with this rule.

(E) Sampling soil in drums and small containers.

(1) Analytical results obtained from soil borings sampled pursuant to rule 1301:7-9-12 or 1301:7-9-13 of the Administrative Code may be used to characterize soil from such borings for purposes of this rule.

(2) For excavated soil in containers having a capacity of fifty-five gallons (0.27 cubic yards) or less, one grab sample shall be collected from the center at mid-depth of the soil in the container. Each sample collected shall be submitted for laboratory analysis.

(F) Sampling soil in piles and large containers.

Excavated soil that has not been previously characterized pursuant to paragraph (E) of this rule shall be characterized as follows:

(1) At a minimum, the number of soil samples required to be collected for field screening shall be the number set forth in table 1 of this rule;

<2525-100101-250251-450>450
1. Minimum number of grab samples to collect and field screen36121818 plus 1 sample per each additional 50 cubic yards (or fraction thereof)
2. Minimum number of grab samples to submit to the laboratory if field screened23688 plus 1 sample per each additional 100 cubic yards (or fraction thereof)

(2) Soil sample locations shall be determined by visually dividing the soil pile or the container into a sampling grid with sections of approximately equal surface area. The number of sample grids shall equal the minimum number of grab samples to be collected. The minimum number of grab samples to be collected is specified in table 1 of this rule; and

(3) A grab sample shall be collected from the center of each grid section at least twelve inches below the soil surface.

(4) The minimum number of grab sample components to be submitted for laboratory analysis is specified in table 1 of this rule. All soil samples collected shall be split into two components; one packaged for field screening, the other packaged for potential laboratory analysis. The sampling and packaging shall be in accordance with procedures established by the state fire marshal. The samples with the highest field screening readings shall be submitted for laboratory analysis.

(G) Sample analysis.

Grab samples submitted for laboratory analysis shall be analyzed pursuant to paragraph (H)(1)(c) of rule 1301:7-9-13 of the Administrative Code.

Supplemental Information

Authorized By: 3737.88(A), 3737.88(E), 3737.882
Amplifies: 3737.88(A), 3737.88(E), 3737.882
Five Year Review Date: 7/31/2022
Prior Effective Dates: 1/23/1995, 7/1/2012
Rule 1301:7-9-18 | Delivery prohibition for USTs.
 

(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 delivery prohibition 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) Delivery prohibition.

It shall be unlawful for any person to deliver, deposit, or accept a regulated substance into a UST that has a red tag attached to the fill pipe of the UST that the state fire marshal has classified as ineligible for delivery, deposit, or acceptance of a regulated substance in accordance with paragraphs (D)(1) to (D)(4) of this rule.

(C) Identifying an ineligible UST.

(1) The state fire marshal shall classify an UST as ineligible for delivery, deposit, or acceptance of a regulated substance as soon as practicable after the state fire marshal determines one or more of the following conditions exist:

(a) Required spill prevention equipment is not installed pursuant to rule 1301:7-9-06 of the Administrative Code;

(b) Required overfill prevention equipment is not installed pursuant to rule 1301:7-9-06 of the Administrative Code;

(c) Required corrosion protection equipment is not installed pursuant to rule 1301:7-9-06 of the Administrative Code; or

(d) Required release detection equipment is not installed pursuant to rule 1301:7-9-07 of the Administrative Code.

(2) The state fire marshal may classify an UST as ineligible for delivery, deposit, or acceptance of a regulated substance if the owner and operator of the UST has been issued a written notice of UST violation for any of the following violations, and the owner or operator fails to correct the violation within sixty days of the issuance of the notice of UST violation:

(a) Failure to properly operate or maintain spill prevention equipment pursuant to rule 1301:7-9-06 of the Administrative Code;

(b) Failure to properly operate or maintain overfill prevention equipment pursuant to rule 1301:7-9-06 of the Administrative Code;

(c) Failure to properly operate or maintain corrosion protection equipment pursuant to rule 1301:7-9-06 of the Administrative Code;

(d) Failure to properly operate or maintain release detection equipment pursuant to rule 1301:7-9-07 of the Administrative Code; or

(e) Failure to obtain a valid certificate of coverage from the petroleum underground storage tank release compensation board pursuant to paragraph (G)(1) of rule 1301:7-9-05 of the Administrative Code.

(D) Notification and red tag procedures.

(1) If the state fire marshal classifies an UST as ineligible for delivery, deposit, or acceptance of a regulated substance pursuant to paragraph (C) of this rule, the state fire marshal shall issue an order to the owner and operator prior to prohibiting the delivery, deposit, or acceptance of a regulated substance.

(a) The order shall be issued to the owner and operator as identified on the registration form submitted to the state fire marshal in accordance with rule 1301:7-9-04 of the Administrative Code and any other persons known by the state fire marshal to be an owner or operator.

(b) The order is deemed properly served by the state fire marshal in any of the following ways:

(i) The order is personally delivered;

(ii) The order is sent via certified mail to the address set forth on the UST registration form submitted to the state fire marshal in accordance with rule 1301:7-9-04 of the Administrative Code and the signed return receipt card is received by the state fire marshal; or

(iii) In those instances when the order, sent via certified mail, is returned due to failure of delivery, the order is sent via regular mail to the address set forth on the UST registration form submitted to the state fire marshal in accordance with rule 1301:7-9-04 of the Administrative Code.

(c) The state fire marshal will provide a written notice to any additional persons listed on the registration form submitted to the state fire marshal in accordance with rule 1301:7-9-04 of the Administrative Code.

(2) The written order described in paragraph (D)(1) of this rule shall include:

(a) The specific reasons or violations that led to the ineligible classification;

(b) A statement notifying the owner and operator that it is unlawful for any person to deliver, deposit, or accept a regulated substance into the UST once a red tag has been attached to the fill pipe of the UST that the state fire marshal determined to be ineligible for delivery, deposit, or acceptance of a regulated substance in accordance with paragraphs (D)(1) to (D)(4) of this rule;

(c) The name and address of the state fire marshal representative to whom a written request for re-inspection can be made, if a re-inspection is necessary; and

(d) A statement addressing the right to appeal the state fire marshal's order pursuant to division (D) of section 3737.882 of the Revised Code.

(3) Once service of the order is complete pursuant to paragraph (D)(1) of this rule, the state fire marshal shall publish on the state fire marshal's website those USTs that are classified as ineligible for delivery, deposit, or acceptance of a regulated substance. The ineligible USTs shall be posted on the state fire marshal's website a minimum of seven days prior to the red tag being affixed to the UST.

(4) Once publication is complete pursuant to paragraph (D)(3) of this rule, the state fire marshal shall attach a red tag to the fill pipe of the UST that the state fire marshal determined to be ineligible for delivery, deposit, or acceptance of a regulated substance in accordance with the following:

(a) A separate red tag shall be attached to each fill pipe of each UST determined to be ineligible for delivery, deposit, or acceptance of a regulated substance;

(b) The red tag shall include the following wording in at least sixteen point type: "Delivery Prohibited. Delivering petroleum or other regulated substance to this underground storage tank, or removing, defacing, altering, or otherwise tampering with this tag may result in civil penalties of up to $10,000 per day";

(c) The state fire marshal shall attempt to document the level and/or volume of regulated substance in the UST at the time that red tag is attached;

(d) The state fire marshal shall maintain a list of all underground storage tanks that are classified as ineligible for delivery, deposit, or acceptance of a regulated substance. The state fire marshal shall make updates to the list available to the public by posting the list on the state fire marshal's website in a timely manner;

(e) If an eligible UST is connected or manifolded to an ineligible UST, the state fire marshal will determine that both USTs are ineligible to receive delivery, deposit, or acceptance of a regulated substance for purposes of this rule, unless the eligible UST tank meets both of the following requirements:

(i) The eligible UST is designed to receive a regulated substance through a means not connected, manifolded, or otherwise dependent on the ineligible UST; and

(ii) The eligible UST is prevented from delivering or receiving regulated substances to or from the ineligible UST;

(f) For a multiple compartment UST; the red tag shall only be attached to the fill pipe of the compartment associated with the condition or violation which resulted in the compartment being determined ineligible for the delivery, deposit, or acceptance of a regulated substance.

(5) Owners or operators may continue to operate an UST that is classified as ineligible pursuant to this rule until the ineligible UST is empty. The UST shall not receive delivery, deposit, or acceptance of a regulated substance during this time.

(6) The classification of an UST as ineligible shall remain in effect until the conditions cited in the order no longer exist as determined by the state fire marshal and the red tag is removed by the state fire marshal or an authorized designee. If the state fire marshal determines that an ineligible UST has returned to compliance and is now eligible for delivery, deposit, or acceptance of a regulated substance, the state fire marshal or an authorized designee shall do all of the following:

(a) Remove the red tag from the UST fill pipe no later than five business days after the state fire marshal determines that the UST is compliant;

(b) Remove the UST from the ineligible list posted on the state fire marshal's website; and

(c) Provide a written notice to the owner and operator that the ineligible UST has returned to compliance and is now eligible for delivery, deposit, or acceptance of a regulated substance.

(E) Product delivery.

Any person delivering or depositing regulated substances into a UST that has been classified as ineligible by the state fire marshal and has a red tag affixed to the fill pipe shall be in violation of paragraph (B) of this rule.

(F) Additional conditions.

(1) It shall be unlawful for any person to tamper with and/or remove the red tag without the state fire marshal's approval.

(2) The state fire marshal may delay the classification of an UST as ineligible for delivery, deposit or acceptance of regulated substances if the state fire marshal determines that prohibiting delivery to the UST would jeopardize health and safety or the availability of fuel to the community.

(3) The state fire marshal may allow the delivery, deposit or acceptance of a regulated substance into an UST determined to be ineligible for purposes of testing and other activities required to comply with an order pursuant to paragraph (D)(1) of this rule.

(4) Nothing in this rule shall affect or preempt the authority of the state fire marshal or any other authority with jurisdiction to prohibit the delivery, deposit, or acceptance of a regulated substance to an UST under other existing regulations.

Supplemental Information

Authorized By: 3737.88
Amplifies: 3737.38
Five Year Review Date: 7/31/2022
Prior Effective Dates: 5/16/2011
Rule 1301:7-9-19 | Underground storage tank operator training.
 

(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 underground storage tank operator 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) Definitions.

For the purpose of this rule:

(1) "Attended UST site" means an UST site that has an attendant on duty that authorizes the dispensing or transfer of regulated substance from the UST system; and

(2) "Unattended UST site" means an UST site that, by design, has no attendant on duty that authorizes the dispensing or transfer of regulated substance from the UST system.

(C) Classes of operators.

(1) The owner or operator of the UST system is responsible for ensuring that the Class A, Class B, and Class C operators fulfill their responsibilities under this rule. The owner or operator of an UST system shall designate a Class A, Class B, and Class C operator for an UST site as follows:

(a) Class A, Class B, or Class C operators may be, but are not required to be:

(i) "Owners" or "operators" as these terms are defined in rule 1301:7-9-02 of the Administrative Code;

(ii) Persons employed by owners or operators; or

(iii) Persons contractually obligated to owners or operators to perform the functions of a Class A, Class B, or Class C operator.

(b) An owner or operator may designate a person as a Class A, Class B, or Class C operator for more than one UST site.

(c) After successfully completing training in accordance with this rule, Class A, Class B, or Class C operators are not required to repeat training if the operator assumes responsibilities at another site except for Class B operators who are required to be retrained pursuant to paragraph (D)(6) of this rule.

(d) Attended UST site. Either a Class A, or Class B, or Class C operator shall be present at an attended UST site during the operation of the UST system.

(i) At the owner or operators discretion, one person may be designated to fulfill the responsibilities of the Class A, Class B, and Class C operator for an attended site.

(ii) A Class A or Class B operator is not required to be present at an attended UST site.

(iii) A Class C operator shall be present at an attended UST site during the operation of the UST system.

(e) Unattended UST site. Owners or operators of unattended UST sites shall designate a Class A, Class B, and Class C operator for each UST site.

(i) A Class A, Class B, or Class C operator is not required to be present at an unattended UST site.

(ii) Unattended UST sites shall have a legible sign posted in a conspicuous place with the name and address of the UST site, the telephone number of the UST site owner or Class B operator, and emergency response procedures including an emergency contact name and telephone number.

(2) A Class A operator has primary responsibility for achieving and maintaining compliance with statutory and regulatory requirements and standards necessary to operate and maintain the UST system at one or more UST sites.

(a) The Class A operator ensures that appropriate individuals:

(i) Properly operate and maintain the UST system;

(ii) Maintain appropriate records;

(iii) Are trained to operate and maintain the UST system and keep records;

(iv) Properly respond to emergencies caused by releases or spills from UST systems at the facility; and

(v) Make financial responsibility documents available to the state fire marshal as required.

(b) The Class A operator shall be trained in the following:

(i) A general knowledge of UST system requirements so he or she can make informed decisions regarding compliance and ensure appropriate individuals are fulfilling operation, maintenance, and recordkeeping requirements and standards of these regulations regarding:

(a) Spill prevention;

(b) Overfill prevention;

(c) Release detection of USTs, piping and containments;

(d) Corrosion protection;

(e) Emergency response; and

(f) Product compatibility;

(ii) Financial responsibility documentation requirements;

(iii) UST registration and permit notification requirements;

(iv) Release and suspected release reporting;

(v) Recordkeeping requirements;

(vi) Temporary and permanent closure requirements;

(vii) Class C operator training requirements;

(viii) Delivery prohibition requirements; and

(ix) Walkthrough inspections.

(3) A Class B operator has primary responsibility for implementing applicable requirements and standards for UST systems at one or more UST sites.

(a) The Class B operator monitors, maintains, and ensures:

(i) Release detection method, recordkeeping, and reporting requirements are met;

(ii) Release prevention equipment, recordkeeping, and reporting requirements are met;

(iii) All relevant equipment complies with performance standards; and

(iv) Appropriate individuals are trained to properly respond to emergencies caused by releases or spills from UST systems at the UST site.

(b) The Class B operator shall be trained in the following design, construction, operation, and maintenance aspects of the UST system:

(i) Design and construction of an UST system including the UST, piping, containments, secondary containment, spill prevention, and overfill prevention, and ancillary equipment;

(ii) UST system components compatibility, corrosion protection, and corrosion resistance;

(iii) Methods of release detection and release prevention applied to UST systems;

(iv) Operation and maintenance requirements of UST systems including but not limited to:

(a) Spill prevention;

(b) Overfill prevention;

(c) Release detection of USTs, piping and containments;

(d) Corrosion protection; and

(e) Emergency response;

(v) Release reporting and recordkeeping requirements;

(vi) Class C operator training requirements;

(vii) Delivery prohibition requirements; and

(viii) Walkthrough inspections.

(4) A Class C operator is responsible for the initial response to alarms or other indications of emergencies caused by spills or releases from a UST system and notifying the Class A or Class B operator and appropriate emergency responders when necessary. Not all employees of the facility are required to be Class C operators.

(a) The Class C operator typically:

(i) Controls or monitors the dispensing or sale of regulated substances; and

(ii) Is responsible for initial response to alarms or releases associated with the UST system.

(b) The Class C operator shall be trained to take action in response to emergencies or alarms caused by spills, overfills, releases, or suspected releases from an UST system.

(D) Training and certification.

(1) Owners and operators shall:

(a) Maintain documentation identifying Class A, Class B, and Class C operators, and provide to the state fire marshal a list of all designated Class A, Class B, and Class C operators for an UST site upon request by the state fire marshal; and

(b) Maintain proof of training of Class A, Class B, and Class C operators for an UST site in the form of certificates issued pursuant to paragraph (D)(2)(b) or (D)(3)(f) of this rule and shall provide copies of certificates to the state fire marshal upon request by the state fire marshal.

(2) All designated Class A and Class B operators shall be trained by a trainer approved pursuant to paragraph (E) of this rule.

(a) Trainers approved pursuant to paragraph (E) of this rule shall administer an evaluation to Class A and Class B operators at the start of training and a second evaluation to Class A and Class B operators at the end of training. All evaluations shall be in a format designated by the state fire marshal.

(b) Trainers approved pursuant to paragraph (E) of this rule shall issue a certificate, on a form designated by the state fire marshal, to Class A and Class B operators who demonstrate successful completion of training.

(3) All designated Class C operators shall be trained in accordance with the following.

(a) Owners or operators are responsible for ensuring that all Class C operators have completed operator training pursuant to this rule.

(b) Trainers of Class C operators shall use training materials that cover the topics identified in paragraph (C)(4)(b) of this rule. Training materials for Class C operator training may include, but not limited to, classroom, hands-on, paper, electronic, or internet based instructional media.

(c) Training materials for Class C operators shall be approved by a Class A or Class B operator.

(d) Trainers of Class C operators are not required to obtain approval of the training materials from the state fire marshal prior to providing training.

(e) Trainers of Class C operators shall administer an evaluation to Class C operators at the end of training. All evaluations shall be in a format designated by the state fire marshal.

(f) Trainers of Class C operators shall issue a certificate, on a form designated by the state fire marshal, to Class C operators who demonstrate successful completion of training.

(g) Upon request by the state fire marshal, owners or operators shall submit to the state fire marshal copies of the instructional materials used for Class C training for all currently designated Class C operators at an UST site.

(h) Upon request by the state fire marshal, owners or operators shall submit to the state fire marshal proof of training including, but not limited to, copies of evaluations or certificates for all currently designated Class C operators at an UST site.

(4) New operators shall be trained within the following timeframes:

(a) Class A and Class B operators shall be trained within sixty days of assuming responsibilities as a Class A or Class B operator at an UST system; and

(b) Class C operators shall be trained before assuming responsibility as a Class C operator.

(5) Any person holding a valid license as a certified UST installer pursuant to rule 1301:7-9-11 of the Administrative Code automatically qualifies as a Class A, Class B, or Class C operator.

(6) The state fire marshal may require Class A or Class B operators to undergo retraining for violations of rule 1301:7-9-06 or rule 1301:7-9-07 of the Administrative Code. Retraining by the Class A or Class B operator shall cover topics addressed in paragraph (C)(2)(b) or (C)(3)(b) of this rule, respectively.

(E) Approval of Class A and Class B trainers and training.

(1) Any person wishing to sponsor a Class A or Class B operator training program shall submit an application to the state fire marshal, on a form prescribed by the state fire marshal, accompanied by a non-refundable fee of two hundred dollars. All applications shall include, without limitation, all of the following:

(a) A program description and syllabus;

(b) Lesson plans for each training program;

(c) Study materials and hand-outs;

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

(e) Pre-training and post-training evaluations; and

(f) The method of attendance verification.

(2) Training applications for Class A operators shall include lesson plans that cover the topics identified in paragraph (C)(2)(b) of this rule. Training applications for Class B operators shall include lesson plans that cover the topics identified in paragraph (C)(3)(b) of this rule. Training materials for Class A and Class B operator training may include, but are not limited to, classroom, paper, electronic, or internet based instructional media.

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

(4) The state fire marshal may certify a person to sponsor a Class A or a Class B operator training program if the person has complied with paragraphs (E)(1) and (E)(2) of this rule.

(5) State fire marshal personnel shall be allowed access to all operator training program sessions certified under paragraph (E)(4) of this rule.

(6) Certifications issued by the state fire marshal pursuant to paragraph (E)(4) of this rule and renewals issued by the state fire marshal pursuant to paragraph (E)(7) of this rule shall be valid for one year, beginning on the first day of September of each year.

(7) Persons seeking to renew a certificate to sponsor an operator training program shall submit an application no later than the first day of July of each year to the state fire marshal, on a form prescribed by the state fire marshal, accompanied by a non-refundable fee of one hundred fifty dollars. The application shall include, without limitation, a description of any changes in the certified program proposed by the sponsor. The state fire marshal may amend or require the sponsor to modify any aspect of a program prior to issuing an operator training program certificate renewal to the sponsor. All programs for which a sponsor obtains an operator training program certificate renewal shall comply with paragraphs (E)(1) to (E)(6) of this rule.

(8) An application to sponsor a Class A or Class B operator training program or renewal thereof shall be denied by the state fire marshal pursuant to Chapter 119. of the Revised Code when any of the following occur:

(a) The applicant failed to provide all the information required by the application form prescribed by the state fire marshal;

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

(c) The applicant made a misrepresentation or submitted false statements with the application;

(d) The training program submitted by the sponsor is determined by the state fire marshal to not comply with a provision of paragraph (C)(2)(b) or (C)(3)(b) of this rule; or

(e) The applicant failed to submit a renewal application on or before the first day of July of each year.

(9) A certificate or renewal issued to sponsors of a Class A and Class B operator training program pursuant to this rule may be suspended or revoked by the state fire marshal pursuant to Chapter 119. of the Revised Code. Such suspension or revocation may occur for any of the following reasons:

(a) The person obtained his certification through fraud or misrepresentation;

(b) The training program offered by the sponsor is determined by the state fire marshal to not comply with a provisions of paragraphs (C) to (E) of this rule; or

(c) The sponsor failed to retain records required by paragraphs (E)(12) and (E)(13) of this rule.

(10) After expiration of a certification to sponsor training, any application for renewal will be considered as a new application and the applicant shall be required submit all information required by paragraph (E) of this rule.

(11) The state fire marshal may grant a variance from the timely submittal of a renewal application if the applicant provides good cause as determined by the state fire marshal.

(12) Training sponsors shall retain copies of Class A and Class B operator instructional materials for a period of five years and shall submit copies of the instructional materials to the state fire marshal upon request by the state fire marshal.

(13) Training sponsors shall retain copies of Class A and Class B operator evaluations and attendance sheets for every person trained for a period of five years and shall submit copies of these documents to the state fire marshal upon request by the state fire marshal.

(14) The state fire marshal may conduct operator training programs. Such programs shall be closely related to those topics listed in paragraph (C) of this rule or related technical information.

(15) No reciprocity with other states or entities shall be allowed for Class A or Class B operator training. Any person wishing to sponsor a Class A or Class B operator training program shall comply with the application requirements defined in paragraphs (E)(1) and (E)(2) of this rule.

(F) Alternative options.

Other operator training requirements and methods may be used in place of any requirements or methods described in this rule if an owner or operator demonstrates that the alternative method meets the intent of the methods or requirements specified in this rule, and the state fire marshal, at his discretion, approves the alternative method in writing prior to the use of the method. If the alternative method is approved, the owner or operator shall comply with any terms and conditions imposed on its use by the state fire marshal.

Supplemental Information

Authorized By: 3737.88
Amplifies: 3737.88
Five Year Review Date: 7/31/2022
Prior Effective Dates: 9/1/2011
Rule 1301:7-9-20 | Underground storage tank revolving loan fund.
 

(A) Purpose and scope.

For the purpose of prescribing rules pursuant to section 3737.883 of the Revised Code, the state fire marshal hereby adopts this rule to establish the underground storage tank revolving loan fund. 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) Definitions.

(1) "Qualifying political subdivision" has the same meaning ascribed to "political subdivision" in division (A) of section 3737.883 of the Revised Code. As referenced in section 3737.883 of the Revised Code, a "qualifying political subdivision" includes a community improvement corporation as that term is defined in section 1724.01 of the Revised Code.

(2) "Loan" means a loan granted under the underground storage tank revolving loan program established by section 3737.883 of the Revised Code.

(3) "Responsible person" has the same meaning as division (N) of section 3737.87 of the Revised Code.

(4) "Site" means a UST site.

(C) Qualifications.

(1) Only a qualifying political subdivision is eligible to receive a loan.

(2) In order for a qualifying political subdivision to receive a loan under this rule, the qualifying political subdivision must commit to spend, of its own funds, an amount at least equal to five per cent of the requested loan amount. The actual amount of a qualifying political subdivision's own funds that must be spent shall be no less than five per cent of the final amount of the loan.

(D) Activities eligible for funding.

A qualifying political subdivision may conduct any activity described in paragraph (G)(1) of this rule if the following conditions apply:

(1) For an underground storage tank:

(a) The underground storage tank is located within the territorial boundaries of the qualifying political subdivision, and,

(b) The qualifying political subdivision is the owner but not the operator of the site.

(2) For a site of a previously existing release:

(a) The qualifying political subdivision is not the responsible person;

(b) A release at the location has not received a no further action determination from the state fire marshal;

(c) The site is located within the qualifying political subdivisions territorial boundaries; and,

(d) The responsible person or persons are not identifiable or the state fire marshal determines that no identified responsible person or persons are able to pay the costs of the actions required at the location.

(E) Applications - filing.

(1) Applications for a loan shall be made only on forms provided by the state fire marshal.

(2) Only applications that are post marked or filed with the state fire marshal on or before the application deadline established by the state fire marshal and have been delivered to the state fire marshal's office within seven days of that deadline will be considered by the state fire marshal.

(F) Applications - content.

In its application, the qualifying political subdivision shall:

(1) Explain how it qualifies for the loan;

(2) State the requested loan amount;

(3) Describe how the loan will be used including the total cost of the project and the amount of money the qualifying political subdivision is proposing to contribute to the total cost of the project;

(4) Provide an affidavit signed and submitted by an authorized representative of the qualifying political subdivision certifying that the qualifying political subdivision meets the requirements in paragraph (D) of this rule; and,

(5) Provide such other information as may be called for in the application form provided by the state fire marshal.

(G) Requirements for utilizing revolving loan funding.

(1) Funds received from a loan under this program may be used for any of the following purposes:

(a) Initiation, continuation, or proper completion of the closure in place or removal of an underground storage tank system;

(b) Initiation, continuance, or proper completion of an assessment of the site; or,

(c) Initiation, continuation, or proper completion of a corrective action.

(2) All activities described in paragraph (G)(1) of this rule shall be conducted in accordance with this chapter of the Administrative Code, except that the failure to meet a deadline in rule 1301:7-9-12 or rule 1301:7-9-13 of the Administrative Code shall not be considered a violation of those rules by the qualifying political subdivision.

(3) Upon determination by the state fire marshal that the applicable standards established by rules in this chapter of the Administrative Code have been met for an action described in paragraph (G)(1) of this rule, the state fire marshal shall issue the qualifying political subdivision written notice that no further action is required.

(4) Written notice issued pursuant to paragraph (G)(3) of this rule that no further action is required shall not be construed in any manner to suggest that the qualifying political subdivision completing the funded activities has thereby assumed any liability or responsibility for a release or suspected release of petroleum, or for any residual contamination that may remain at the property.

(H) Emergency loans.

At the discretion of the state fire marshal a qualifying political subdivision may apply for and be granted a loan at any time regardless of established application periods and deadlines if all of the following apply:

(1) The site which is the subject of the application is within an area where a natural disaster has been declared by the governor;

(2) The events of the disaster have resulted in a release or suspected release from the site which is the subject of the application;

(3) The qualifying political subdivision has made application for any federal, state and private insurance reimbursement as may be available as a result of the disaster;

(4) The loan fund has necessary moneys to provide the loan; and,

(5) The state fire marshal receives any necessary authorizations to expend the funds.

(I) Evaluation of loans.

(1) Awarding of all loans shall be at the sole discretion of the state fire marshal.

(2) The state fire marshal shall establish written criteria for evaluation of loan applications. The state fire marshal may amend the criteria at any time and shall make the criteria available to all qualifying political subdivisions at the time of loan application. The criteria may include, but are not limited to, the loans:

(a) Likelihood of having a demonstrable and significant positive impact on the environment;

(b) Likelihood of having a demonstrable and positive impact on the redevelopment of nonproductive property for the qualifying political subdivision and adjacent political subdivisions; and,

(c) Likelihood of enabling the applicant to obtain other funding or resources for additional site development.

(3) In evaluating the loan applications, the state fire marshal may also consider:

(a) The viability of the applicant;

(b) If the applicant has previously received a loan and whether the actions described in paragraph (G)(1) of this rule have been completed; and

(c) Any other factors established by the state fire marshal.

(4) If funds for loans are available, the state fire marshal shall establish a minimum of one loan application period per state fiscal year. Unless otherwise specified by the state fire marshal, the loan application period shall be open for a minimum period of thirty days. Unless otherwise specified by the state fire marshal, all applications shall expire at the end of each state fiscal year.

(J) Award of loans.

(1) Upon determining which qualifying political subdivision shall receive a loan, the state fire marshal shall notify the qualifying political subdivision in writing of his intent to grant the loan and of the terms and conditions of the loan.

(2) Within forty-five days of receiving notification described in paragraph (J)(1) of this rule, the qualifying political subdivision shall forward a copy of a resolution, ordinance, or other acceptable authorization to the state fire marshal which shall:

(a) Authorize the qualifying political subdivision to accept the loan, and

(b) Agree to conditions of the loan as stipulated by the state fire marshal, including the authority to execute any documents necessary to grant or secure the loan.

(3) Upon receipt of the resolution or ordinance and execution of the loan agreement and other documents as required by the state fire marshal, the state fire marshal shall establish a line of credit from the loan fund in the name of the qualifying political subdivision. Within thirty days of the establishment of the line of credit, the loan funds will be released to the qualifying political subdivision according to the terms of the loan agreement.

(4) Upon request of the state fire marshal, the qualifying political subdivision shall provide to the state fire marshal a properly executed contract for the environmental work necessary at the site as described in the original loan application.

(5) Unless otherwise authorized by the state fire marshal in writing, activities authorized by paragraph (G)(1) of this rule shall commence within one hundred eighty days after the release of the loan funds as described in paragraph (H)(4) of this rule.

(K) Term of loan and repayment.

(1) A loan issued pursuant to this rule shall not carry interest.

(2) A repayment or amortization schedule shall be established as part of the loan agreement.

(3) The repayment or amortization schedule shall not extend beyond ten years.

(4) Any other such terms specified by the state fire marshal.

(L) Cost recovery.

If, at any time after the expenditure of loan funds by a qualifying political subdivision, the state fire marshal or any law enforcement agency identifies a responsible person or determines, for any reason, that a previously identified responsible person was or is able to pay the costs of the action for which the loan was issued, the qualifying political subdivision may bring any appropriate proceedings against the responsible person to recover the costs incurred by the qualifying political subdivision. The proceedings may be brought in either the court of common pleas having jurisdiction where the underground storage tank is located or the court of common pleas of Franklin county.

(M) Effect on other laws.

(1) Nothing in this rule affects any liability or response authority under any federal or state law, including, but not limited to:

(a) The Comprehensive Environmental Response Compensation, and Liability Act (42 U.S.C. 9601);

(b) The Solid Waste Disposal Act (42 U.S.C. 6901);

(c) The Federal Water Pollution Control Act (33 U.S.C. 1251);

(d) The Toxic Substances Control Act (15 U.S.C. 2601); and

(e) The Safe Drinking Water Act (42 U.S.C. 300f).

The federal laws listed in this paragraph are those versions of the laws as amended at the time of the effective date of this rule.

(2) Any determination by the state fire marshal for the purpose of assisting activities funded by the loan program does not release any responsible person from any obligations under sections 3737.87 to 3737.89 of the Revised Code and the regulations adopted thereunder, or effect any other rights under the citizen suits provision of the Resource Conservation and Recovery Act of 1976, 90 Stat. 2795, 42 U.S.C.A. 6901, as amended at the time of the effective date of this rule. The state fire marshal reserves all enforcement and remedy rights available under the law.

Supplemental Information

Authorized By: 3737.883
Amplifies: 3737.883
Five Year Review Date: 7/31/2022
Prior Effective Dates: 2/1/2014