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.