Ohio Admin. Code 1301:7-9-13 - Petroleum UST corrective action.
For the purpose of prescribing rules in accordance with division (A) of section 3737.88 and division (B) of section 3737.882 of the Revised Code, the state fire marshal hereby adopts this rule to establish release reporting and corrective action requirements for underground storage tanks containing petroleum products. This rule is adopted by the state fire marshal in accordance with Chapter 119. of the Revised Code and shall not be considered a part of the Ohio State Fire Code.
Owners and operators shall report a release, a suspected release, or a confirmed release to the state fire marshal and the local fire department within twenty-four hours of discovery by the owners or operators.
If a spill or overfill occurs while transferring or attempting to transfer petroleum product into an UST system, one of the following activities must be conducted:
The purpose of investigating releases and suspected releases is to determine if a closed-in-place, removed, or existing UST system is leaking or has leaked, to identify the source of a release, to determine whether free product exists, and to determine if concentrations of chemicals of concern in soil and/or groundwater are present above action levels. If concentrations of chemicals of concern in soil and/or groundwater are detected above action levels, the owner and operator shall perform a tier 1 source investigation in accordance with paragraph (H) of this rule.
Owners and operators shall inspect for above ground releases or exposed below ground releases. If testing or other evidence confirms that a release has or continues to occur from an UST system, activities pursuant to paragraph (G)(1) of this rule shall be conducted to stop any further releases into the environment.
Within twenty-four hours of the receipt of the results of the test, owners and operators shall notify the state fire marshal of the results by telephone, electronic mail or facsimile. Within seven days of performing the test, owners and operators shall submit the results to the state fire marshal in writing on a form prescribed by the state fire marshal, or
Owners and operators shall conduct a Site Check to determine whether subsurface soil or groundwater on an UST site have concentrations of chemical(s) of concern above the action levels set forth in paragraph (J) of this rule and must submit a written report consistent with the requirements of one of the options described in paragraph (F)(3)(b) of this rule within ninety days of the following:
Notwithstanding paragraph (F)(3)(a)(ii) of this rule, a site check is not required if a release was suspected because of the presence of free product discovered in the containment sump or interstitial space of the UST system, the tests conducted pursuant to paragraph (F)(2)(c) of this rule indicate the containment sump and/or interstitial space of the UST system meet the performance standards of paragraph (F) of rule 1301:7-9-07 of the Administrative Code, and the owner and operator demonstrate that all product was contained within the containment sump and/or interstitial space of the UST system.
A site check to determine the presence and concentrations of chemical(s) of concern in the source area(s) shall consist of one or more of the following:
As part of a site check conducted pursuant to paragraph (F)(3) of this rule, owners and operators shall determine the appropriate action levels for an UST site using the procedures set forth in paragraphs (H)(2) and (J) of this rule. If concentrations of chemical(s) of concern are at or below the appropriate action levels, then no further action is required. If concentrations of chemical(s) of concern at any location on an UST site, evaluated pursuant to paragraphs (F)(3)(b)(ii) and (F)(3)(b)(iii) of this rule, are above the action levels for an UST site, owners and operators shall conduct a tier 1 source investigation pursuant to paragraph (H) of this rule.
If testing or other evidence confirms that a release has occurred or continues to occur from an UST system, the owners and operators shall perform all of the following actions within twenty-four hours of discovery of the release:
Owners and operators shall submit a written report on a form prescribed by the state fire marshal within twenty days of starting any immediate corrective actions. At a minimum, the immediate corrective action report shall contain the following information:
Where free product is present, owners and operators shall perform all of the following activities:
[Comment: Items (ii) to (iv) need only be submitted with the initial monthly free product recovery report]
The purpose of the tier 1 source investigation is to determine the concentrations of chemical(s) of concern in the source area(s) or to investigate a release or suspected release pursuant to paragraph (F)(3)(b)(i) of this rule or a confirmed release as defined in paragraph (C) of this rule. The tier 1 source investigation shall consist of all of the following:
Identify the potential source(s). At minimum, the following potential source(s) located on an UST site shall be evaluated to determine the location of potential source area(s):
Identify the location of the potential source area(s). Potential source area(s) shall be identified based on the knowledge of the known release, the location of identified potential source(s) through field screening methods or a combination of these.
The chemical(s) of concern shall be identified based on table 1 using the following five analytical groups:
Table 1
Selected Chemical(s) of Concern
Analytical Group Number |
1 |
2 |
3 |
4 |
5 |
Analytical Methods7 |
||
Light Distillates |
Middle Distillates |
Heavy Distillates |
Used Oil |
Unknowns & Others |
Soil 4 |
Groundwater |
||
Chemical |
8021 or 8260 |
8021 or 8260 |
||||||
Aromatics |
Benzene |
x |
x |
x |
||||
Toluene |
x |
x |
x |
|||||
Ethylbenzene |
x |
x |
x |
|||||
o, m and p-Xylenes |
x |
x |
x |
|||||
Naphthalene |
x |
x |
||||||
1,2,4-Trimethylbenzene |
x |
x |
||||||
Additives |
Methyl tertiary-butyl ether (MTBE) |
x |
x |
8021 or 8260 |
8021 or 8260 |
|||
1,2-Dibromoethane (EDB)5,6 |
x |
x |
8260 |
8011 |
||||
1,2-Dichloroethane (EDC)5,6 |
x |
x |
8260 |
8260 |
||||
Polynuclear Aromatics |
Benzo(a)anthracene |
x |
x |
x |
8270, 8310 |
8270, 8310 |
||
Benzo(a)pyrene |
x |
x |
x |
|||||
Benzo(b)fluoranthene |
x |
x |
x |
|||||
Benzo(k)fluoranthene |
x |
x |
x |
|||||
Chrysene |
x |
x |
x |
|||||
Dibenz(a,h)anthracene |
x |
x |
x |
|||||
Indeno(1,2,3-c,d)pyrene |
x |
x |
x |
|||||
Naphthalene |
x |
x |
x |
|||||
Chlorinated Hydrocarbons |
Volatile Organic Hydrocarbons |
x |
8260 |
8260 |
||||
Total Petroleum Hydrocarbons |
TPH (C6 - C12) |
x |
x |
8015 |
N/A |
|||
TPH (C10 - C20) |
x |
x |
||||||
TPH (C20 - C34) |
x |
x |
||||||
Varies based on UST contents2 |
x |
x |
3 |
1 TPH analysis is not required for groundwater samples.
2 Additional chemicals of concern should be based on Safety and Data Sheets (SDS) and analyzed with an appropriate laboratory test method capable of meeting established target levels.
3 Refer to paragraph (H)(1)(c)(v).
4 Soil analytical results shall be reported on a dry weight basis.
5 EDB and EDC shall be analyzed for automotive gasoline USTs that were in service prior to January 1, 1996.
6 EDB and EDC shall be analyzed for all USTs containing aviation gasoline, racing fuel, and used oil.
7 Alternate laboratory methods will be considered if the methods meet the quality control, performance, and method detection level requirements.
The subsurface investigation shall be conducted to collect the data necessary to complete the tier 1 source investigation and to:
The presence and concentrations of chemical(s) of concern in the source area(s) shall be determined in accordance with all of the following:
A determination of the existence of groundwater shall be made by determining if a saturated zone has sufficient groundwater yield to meet the minimum criteria for being groundwater. For purposes of determining if the encountered saturated zone is groundwater:
Upon completion of a site check pursuant to paragraph (F)(3) of this rule or a tier 1 source investigation pursuant to paragraph (H) of this rule, owners and operators shall complete a site feature determination in accordance with paragraph (H)(2)(a) of this rule and a points of exposure determination in accordance with paragraph (H)(2)(b) of this rule to determine the appropriate action levels for an UST site pursuant to paragraphs (J)(2) and (J)(3) of this rule.
Table 2
Soil Classification
Major Divisions |
Letter Symbol |
Typical Description |
Soil Class |
||
Coarse Grained Soils More than 50% of material is retained on #200 Sieve |
Gravel and Gravelly Soils More than 50% of Coarse Fraction Retained on No. 4 Sieve |
Clean Gravels (Little or No Fines) |
GW |
Well-Graded Gravels, GravelSand Mixtures, Little or No Fines |
Class 1 |
GP |
Poorly-Graded Gravels, GravelSand Mixtures, Little or No Fines |
||||
Gravels with Fines (Appreciable Amount of Fines) |
GM |
Silty Gravels, Gravel-Sand-Silt Mixtures |
|||
GC |
Clayey Gravels, Gravel-Sand-Clay Mixtures |
||||
Sand and Sandy Soils More than 50% of Coarse Fraction Passes through No. 4 Sieve |
Clean Sand (Little or No Fines) |
SW |
Well-Graded Sands, Gravelly Sands, Little or No Fines |
||
SP |
Poorly-Graded Sands, Gravelly Sands, Little or No Fines |
||||
Sands with Fines (Appreciable Amount of Fines) |
SM |
Silty-Sands, Sand-Silt Mixtures |
|||
SC |
Clayey Sands, Sand-Clay Mixtures |
Class 2 |
|||
Fine Grained Soils More than 50% of material passes through #200 Sieve |
Silts and Clays Liquid Limit<50 |
ML |
Inorganic Silt and Very Fine Sands, Rock Flour, Silty or Clayey Fine Sand or Clayey Silts with Slight Plasticity |
||
CL |
Inorganic Clays of Low to Medium Plasticity, Gravelly Clays, Sandy Clays, Silty Clays, Lean Clays |
||||
OL |
Organic Silts and Organic Silty Clays of Low Plasticity |
||||
Silts and Clays Liquid Limit>50 |
MH |
Inorganic Silts, Micaceous or Diatomaceous Fine Sand or Silty Soil |
|||
CH |
Inorganic Clays of High Plasticity, Fat Clays |
Class 3 |
|||
OH |
Organic Clays of Medium to Plasticity, Organic Silts |
||||
Highly Organic Soils |
PT |
Peat, Humus, Swamp Soil with High Organic Contents |
For purposes of a tier 1 source investigation, it is assumed that the point(s) of exposure will be located in the source area(s). Therefore, while movement of chemical(s) of concern outside the property lines of an UST site is not specifically evaluated in a tier 1 source investigation, any identified current or potential future drinking water source in the surrounding area shall be assumed to be within the source area(s). The fate and transport of chemical(s) of concern in groundwater will be evaluated under the tier 2 evaluation in paragraph (L) of this rule.
The purpose of the tier 1 delineation is to define the vertical and horizontal extent of chemical(s) of concern in soil and groundwater to the delineation levels (in all directions from the source areas(s)) and to determine the potential drinking water use at the site and surrounding area. A tier 1 delineation shall consist of the following:
Identify the source or sources of potable water for the UST site and the surrounding area, including the identification of all public and private drinking water wells and public water supply sources within the surrounding area. The evaluation of potable water supplies shall be based on reasonably available information including, but not limited to, information collected or maintained by the Ohio environmental protection agency, Ohio department of natural resources, county health departments, and public water supply organizations.
Determine if groundwater is drinking or non-drinking water by utilizing the information obtained in the tier 1 source investigation and the tier 1 delineation. The drinking water use determination shall be conducted in accordance with this paragraph. Evaluation of the drinking water exposure pathway may be conducted during the Tier 2 Evaluation to determine if the pathway is complete.
The purpose of the tier 1 investigation report is to summarize the tier 1 source investigation and tier 1 delineation activities conducted pursuant to paragraphs (H) and (I) of this rule.
Upon submission of the tier 1 investigation report, the state fire marshal will evaluate the submitted information for completeness.
The delineation levels in soil and groundwater for chemical(s) of concern shall be as follows:
Chemicals of Concern |
Groundwater (mg/l) |
Soil (mg/kg) |
Benzene |
0.417 |
1.67 |
Toluene |
217 |
1,240 |
Ethylbenzene |
41.6 |
406 |
o, m and p-xylenes |
10 |
42.7 |
Naphthalene |
1.68 |
52.7 |
1,2,4-Trimethylbenzene |
0.417 |
5.35 |
Methyl tertiary-butyl ether (MTBE) |
134 |
150 |
1,2-Dibromoethane (EDB) |
0.09 |
0.154 |
1,2-Dichloroethane (EDC) |
0.59 |
1.01 |
Benzo(a)anthracene |
20.6 |
12 |
Benzo(a)pyrene |
18.3 |
1.2 |
Benzo(b)fluoranthene |
162 |
12 |
Benzo(k)fluoranthene |
169 |
120 |
Chrysene |
681 |
1,200 |
Dibenz(a,h)anthracene |
22.5 |
1.2 |
Indeno(1,2,3 -c,d)pyrene |
112 |
12 |
Light Distillate Fraction (C6-C12) |
N/A |
1,000 |
Middle Distillate Fraction (C10-C20) |
N/A |
2,000 |
Heavy Distillate Fraction (C20-C34) |
N/A |
5,000 |
Groundwater Ingestion Action Levels
Chemicals of Concern |
Action Levels |
Benzene |
0.005 |
Toluene |
1 |
Ethylbenzene |
0.7 |
o, m and p-Xylenes |
10 |
Naphthalene |
0.0014 |
1,2,4-Trimethylbenzene |
0.015 |
Methyl tertiary-butyl ether (MTBE) |
0.12 |
1,2-Dibromoethane |
0.00005 |
1,2-Dichloroethane |
0.005 |
Benzo(a)anthracene |
0.00092 |
Benzo(a)pyrene |
0.0002 |
Benzo(b)fluoranthene |
0.00092 |
Benzo(k)fluoranthene |
0.0092 |
Chrysene |
.092 |
Dibenz(a,h)anthracene |
0.000092 |
Indeno(1,2,3-c,d)pyrene |
0.00092 |
All chemical concentrations expressed in milligrams per liter (mg/L).
Soil Class 1
Chemicals of Concern |
Groundwater to Indoor Air |
|||||||
<15 Feet |
15-30 Feet |
31-50 Feet |
>50 Feet |
|||||
Residential |
Non-Resid. |
Residential |
Non-Resid. |
Residential |
Non-Resid. |
Residential |
Non-Resid. |
|
Benzene |
4.17 |
26.1 |
4.18 |
26.1 |
4.24 |
26.5 |
4.31 |
27.0 |
Toluene |
2,170 |
35,200 |
2,170 |
35,300 |
2,210 |
35,800 |
2,240 |
36,400 |
Ethylbenzene |
416 |
6,760 |
417 |
6,760 |
423 |
6,860 |
430 |
6,980 |
o, m and p-Xylenes |
50.7 |
822 |
50.7 |
823 |
51.5 |
835 |
52.4 |
849 |
Naphthalene |
16.8 |
105 |
16.8 |
105 |
17.1 |
107 |
17.4 |
109 |
1,2,4 - Trimethylbenzene |
4.17 |
67.6 |
4.17 |
67.6 |
4.23 |
68.7 |
4.31 |
69.8 |
MTBE* |
1,340 |
8,360 |
1,340 |
8,370 |
1,360 |
8,500 |
1,380 |
8,660 |
1,2 - Dibromoethane (EDB) |
0.908 |
5.68 |
0.909 |
5.69 |
0.923 |
5.78 |
0.940 |
5.88 |
1,2 - Dichloroethane (EDC) |
5.90 |
36.9 |
5.91 |
37.0 |
6.00 |
37.6 |
6.11 |
38.2 |
Benzo(a)anthracene |
206 |
1,290 |
206 |
1,290 |
210 |
1,310 |
214 |
1,340 |
Benzo(a)pyrene |
183 |
1,140 |
183 |
1,150 |
191 |
1,190 |
200 |
1,250 |
Benzo(b)fluoranthene |
1,620 |
10,100 |
1,620 |
10,200 |
1,680 |
10,500 |
1,750 |
11,000 |
Benzo(k)fluoranthene |
1,690 |
10,600 |
1,690 |
10,600 |
1,760 |
11,000 |
1,830 |
11,500 |
Chrysene |
6,810 |
42,600 |
6,820 |
42,700 |
6,970 |
43,600 |
7,150 |
44,700 |
Dibenz(a,h)anthracene |
225 |
1,410 |
226 |
1,420 |
244 |
1,520 |
264 |
1,650 |
Indeno(1,2,3-c,d)pyrene |
1,120 |
7,030 |
1,130 |
7,040 |
1,150 |
7,220 |
1,190 |
7,430 |
* Methyl tertiary-butyl ether
All chemical concentrations expressed in milligrams per liter (mg/L).
Soil Class 2
Chemicals of Concern |
Groundwater to Indoor Air |
|||||||
<15 Feet |
15-30 Feet |
31-50 Feet |
>50 Feet |
|||||
Residential |
Non-Resid. |
Residential |
Non-Resid. |
Residential |
Non-Resid. |
Residential |
Non-Resid. |
|
Benzene |
4.18 |
26.2 |
4.19 |
26.2 |
4.27 |
26.7 |
4.38 |
27.4 |
Toluene |
2,180 |
35,300 |
2,180 |
35,300 |
2,220 |
36,100 |
2,280 |
36,900 |
Ethylbenzene |
417 |
6,770 |
418 |
6,780 |
426 |
6,920 |
437 |
7,080 |
o, m and p-Xylenes |
50.8 |
824 |
50.8 |
825 |
51.9 |
842 |
53.2 |
862 |
Naphthalene |
16.9 |
106 |
16.9 |
106 |
17.3 |
108 |
17.7 |
111 |
1,2,4 - Trimethylbenzene |
4.18 |
67.7 |
4.18 |
67.8 |
4.27 |
69.2 |
4.37 |
70.9 |
MTBE* |
1,340 |
8,380 |
1,340 |
8,390 |
1,370 |
8,580 |
1,410 |
8,800 |
1,2 - Dibromoethane (EDB) |
0.910 |
5.69 |
0.911 |
5.70 |
0.931 |
5.83 |
0.955 |
5.98 |
1,2 - Dichloroethane (EDC) |
5.92 |
37.0 |
5.93 |
37.1 |
6.05 |
37.9 |
6.21 |
38.8 |
Benzo(a)anthracene |
207 |
1,290 |
207 |
1,300 |
212 |
1,330 |
218 |
1,360 |
Benzo(a)pyrene |
183 |
1,140 |
183 |
1,150 |
191 |
1,190 |
200 |
1,250 |
Benzo(b)fluoranthene |
1,620 |
10,100 |
1,620 |
10,200 |
1,690 |
10,600 |
1,760 |
11,000 |
Benzo(k)fluoranthene |
1,690 |
10,600 |
1,690 |
10,600 |
1,760 |
11,000 |
1,840 |
11,500 |
Chrysene |
6,830 |
42,700 |
6,840 |
42,800 |
7,030 |
44,000 |
7,260 |
45,400 |
Dibenz(a,h)anthracene |
224 |
1,400 |
225 |
1,400 |
237 |
1,480 |
252 |
1,580 |
Indeno(1,2,3-c,d)pyrene |
1,130 |
7,050 |
1,130 |
7,060 |
1,160 |
7,280 |
1,200 |
7,540 |
* Methyl tertiary-butyl ether
All chemical concentrations expressed in milligrams per liter (mg/L).
Soil Class 3
Chemicals of Concern |
Groundwater to Indoor Air |
|||||||
<15 Feet |
15-30 Feet |
31-50 Feet |
>50 Feet |
|||||
Residential |
Non-Resid. |
Residential |
Non-Resid. |
Residential |
Non-Resid. |
Residential |
Non-Resid. |
|
Benzene |
4.29 |
26.8 |
4.31 |
27.0 |
4.69 |
29.3 |
5.14 |
32.1 |
Toluene |
2,230 |
36,200 |
2,240 |
36,400 |
2,440 |
39,600 |
2,670 |
43,300 |
Ethylbenzene |
428 |
6,940 |
430 |
6,980 |
468 |
7,590 |
512 |
8,310 |
o, m and p-Xylenes |
52.1 |
845 |
52.4 |
849 |
56.9 |
924 |
62.4 |
1,010 |
Naphthalene |
17.3 |
108 |
17.4 |
109 |
19.0 |
119 |
20.9 |
130 |
1,2,4 - Trimethylbenzene |
4.28 |
69.5 |
4.30 |
69.8 |
4.68 |
75.9 |
5.13 |
83.2 |
MTBE* |
1,370 |
8,600 |
1,380 |
8,650 |
1,510 |
9,440 |
1,660 |
10,400 |
1,2 - Dibromoethane (EDB) |
0.934 |
5.84 |
0.939 |
5.88 |
1.02 |
6.41 |
1.12 |
7.04 |
1,2 - Dichloroethane (EDC) |
6.07 |
38.0 |
6.11 |
38.2 |
6.66 |
41.7 |
7.32 |
45.8 |
Benzo(a)anthracene |
210 |
1,310 |
210 |
1,320 |
223 |
1,400 |
238 |
1,490 |
Benzo(a)pyrene |
181 |
1,130 |
181 |
1,130 |
184 |
1,150 |
188 |
1,180 |
Benzo(b)fluoranthene |
1,610 |
10,100 |
1,610 |
10,100 |
1,640 |
10,300 |
1,680 |
10,500 |
Benzo(k)fluoranthene |
1,680 |
10,500 |
1,680 |
10,500 |
1,710 |
10,700 |
1,740 |
10,900 |
Chrysene |
6,830 |
42,700 |
6,840 |
42,800 |
7,060 |
44,200 |
7,310 |
45,700 |
Dibenz(a,h)anthracene |
220 |
1,380 |
220 |
1,380 |
224 |
1,400 |
227 |
1,420 |
Indeno(1,2,3-c,d)pyrene |
1,120 |
7,040 |
1,130 |
7,050 |
1,160 |
7,230 |
1,190 |
7,450 |
* Methyl tertiary-butyl ether
All chemical concentrations expressed in milligrams per liter (mg/L).
Soil Class 1
Chemicals of Concern |
Groundwater to Outdoor Air |
||
Residential |
Non-Residential |
Excavation Worker |
|
Benzene |
788 |
496 |
5,370 |
Toluene |
431,000 |
704,000 |
912,000 |
Ethylbenzene |
86,100 |
141,000 |
182,000 |
o, m, and p-Xylenes |
9,280 |
15,200 |
19,600 |
Naphthalene |
843 |
531 |
2,500 |
1,2,4 - Trimethylbenzene |
781 |
1,280 |
1,650 |
MTBE* |
84,100 |
53,000 |
>1E+6 |
1,2 - Dibromoethane (EDB) |
42.3 |
26.7 |
864 |
1,2 - Dichloroethane (EDC) |
506 |
319 |
2,680 |
Benzo(a)anthracene |
5,960 |
3,750 |
121,000 |
Benzo(a)pyrene |
12,900 |
8,140 |
264,000 |
Benzo(b)fluoranthene |
96,100 |
60,600 |
>1E+6 |
Benzo(k)fluoranthene |
106,000 |
66,800 |
>1E+6 |
Chrysene |
249,000 |
157,000 |
>1E+6 |
Dibenz(a,h)anthracene |
27,900 |
17,600 |
570,000 |
Indeno(1,2,3-c,d)pyrene |
46,200 |
29,100 |
943,000 |
* Methyl tertiary-butyl ether
All chemical concentrations expressed in milligrams per liter (mg/L).
Soil Class 2
Chemicals of Concern |
Groundwater to Outdoor Air |
||
Residential |
Non-Residential |
Excavation Worker |
|
Benzene |
828 |
522 |
5,650 |
Toluene |
452,000 |
739,000 |
956,000 |
Ethylbenzene |
90,100 |
147,000 |
191,000 |
o, m, and p-Xylenes |
9,780 |
16,000 |
20,700 |
Naphthalene |
1,020 |
640 |
3,020 |
1,2,4 - Trimethylbenzene |
821 |
1,340 |
1,740 |
MTBE* |
97,800 |
61,600 |
>1E+6 |
1,2 - Dibromoethane (EDB) |
51.7 |
32.6 |
1,050 |
1,2 - Dichloroethane (EDC) |
566 |
356 |
3,000 |
Benzo(a)anthracene |
8,130 |
5,120 |
166,000 |
Benzo(a)pyrene |
12,900 |
8,110 |
263,000 |
Benzo(b)fluoranthene |
104,000 |
65,200 |
>1E+6 |
Benzo(k)fluoranthene |
111,000 |
70,200 |
>1E+6 |
Chrysene |
319,000 |
201,000 |
>1E+6 |
Dibenz(a,h)anthracene |
20,600 |
13,000 |
420,000 |
Indeno(1,2,3-c,d)pyrene |
57,000 |
35,900 |
>1E+6 |
* Methyl tertiary-butyl ether
All chemical concentrations expressed in milligrams per liter (mg/L).
Soil Class 3
Chemicals of Concern |
Groundwater to Outdoor Air |
||
Residential |
Non-Residential |
Excavation Worker |
|
Benzene |
1,300 |
821 |
8,880 |
Toluene |
698,000 |
>1E+6 |
>1E+6 |
Ethylbenzene |
137,000 |
224,000 |
290,000 |
o, m, and p-Xylenes |
15,500 |
25,400 |
32,900 |
Naphthalene |
2,990 |
1,880 |
8,880 |
1,2,4 - Trimethylbenzene |
1,300 |
2,120 |
2,740 |
MTBE* |
255,000 |
161,000 |
>1E+6 |
1,2 - Dibromoethane (EDB) |
158 |
99.4 |
3,220 |
1,2 - Dichloroethane (EDC) |
1,260 |
794 |
6,680 |
Benzo(a)anthracene |
21,000 |
13,200 |
428,000 |
Benzo(a)pyrene |
5,100 |
3,210 |
104,000 |
Benzo(b)fluoranthene |
49,900 |
31,500 |
>1E+6 |
Benzo(k)fluoranthene |
50,300 |
31,700 |
>1E+6 |
Chrysene |
347,000 |
219,000 |
>1E+6 |
Dibenz(a,h)anthracene |
5,170 |
3,260 |
106,000 |
Indeno(1,2,3-c,d)pyrene |
48,100 |
30,300 |
982,000 |
* Methyl tertiary-butyl ether
All chemical concentrations expressed in milligrams per liter (mg/L).
Chemicals of Concern |
Direct Contact |
||
Residential |
Non-Residential |
Excavation Worker |
|
Benzene |
26 |
140 |
1,200 |
Toluene |
820 |
820 |
820 |
Ethylbenzene |
130 |
480 |
480 |
o, m and p-Xylenes |
260 |
260 |
260 |
Naphthalene |
90 |
450 |
560 |
1,2,4 - Trimethylbenzene |
160 |
220 |
220 |
MTBE* |
1,100 |
5,700 |
8,900 |
1,2 - Dibromoethane (EDB) |
0.83 |
4.4 |
38 |
1,2 - Dichloroethane (EDC) |
11 |
56 |
480 |
Benzo(a)anthracene |
12 |
58 |
1,200 |
Benzo(a)pyrene |
1.2 |
5.8 |
120 |
Benzo(b)fluoranthene |
12 |
58 |
1,200 |
Benzo(k)fluoranthene |
120 |
580 |
12,000 |
Chrysene |
1,200 |
5,800 |
120,000 |
Dibenz(a,h)anthracene |
1.2 |
5.8 |
120 |
Indeno(1,2,3-c,d)pyrene |
12 |
58 |
1,200 |
* Methyl tertiary-butyl ether
All chemical concentrations expressed in milligrams per kilogram (mg/kg).
Petroleum Fraction |
Soil Class 1 |
Soil Class 2 |
Soil Class 3 |
Light Distillate Fraction (C6-C12) |
1,000 |
5,000 |
8,000 |
Middle Distillate Fraction (C10-20) |
2,000 |
10,000 |
20,000 |
Heavy Distillate Fraction (C20-C34) |
5,000 |
20,000 |
40,000 |
All chemical concentrations expressed in milligrams per kilogram (mg/kg).
Soil Class 1
Chemicals of Concern |
Soil to Indoor Air |
Soil to Outdoor Air |
Soil to Drinking Water Leaching |
Soil to NonDrinking Water |
|||
Residential |
Non-Residential |
Residential |
Non-Residential |
Excavation |
|||
Benzene |
1.67 |
10.5 |
52.7 |
33.2 |
359 |
0.246 |
20.5 |
Toluene |
1,240 |
20,200 |
39,200 |
64,000 |
82,900 |
70.7 |
15,300 |
Ethylbenzene |
406 |
6,590 |
12,800 |
20,900 |
27,100 |
84.5 |
5,020 |
o, m and p-Xylenes |
42.7 |
693 |
1,350 |
2,200 |
2,850 |
1,030 |
524 |
Naphthalene |
52.7 |
330 |
1,670 |
1,050 |
4,950 |
0.511 |
613 |
1,2,4 - Trimethylbenzene |
5.35 |
86.7 |
169 |
275 |
356 |
2.37 |
65.8 |
MTBE* |
150 |
940 |
4,740 |
2,990 |
96,800 |
1.58 |
1,760 |
1,2 - Dibromoethane (EDB) |
0.154 |
0.961 |
4.86 |
3.06 |
99.1 |
0.000982 |
1.78 |
1,2 - Dichloroethane (EDC) |
1.01 |
6.33 |
31.9 |
20.1 |
169 |
0.101 |
11.9 |
Benzo(a)anthracene |
72,800 |
456,000 |
>1E+6 |
>1E+6 |
>1E+6 |
38.1 |
854,000 |
Benzo(a)pyrene |
213,000 |
>1E+6 |
>1E+6 |
>1E+6 |
>1E+6 |
29.2 |
>1E+6 |
Benzo(b)fluoranthene |
>1E+6 |
>1E+6 |
>1E+6 |
>1E+6 |
>1E+6 |
136 |
>1E+6 |
Benzo(k)fluoranthene |
>1E+6 |
>1E+6 |
>1E+6 |
>1E+6 |
>1E+6 |
1,270 |
>1E+6 |
Chrysene |
>1E+6 |
>1E+6 |
>1E+6 |
>1E+6 |
>1E+6 |
3,870 |
>1E+6 |
Dibenz(a,h)anthracene |
853,000 |
>1E+6 |
>1E+6 |
>1E+6 |
>1E+6 |
46.6 |
>1E+6 |
Indeno(1,2,3-c,d)pyrene |
>1E+6 |
>1E+6 |
>1E+6 |
>1E+6 |
>1E+6 |
1,020 |
>1E+6 |
* Methyl tertiary-butyl ether
All chemical concentrations expressed in milligrams per kilogram (mg/kg).
Soil Class 2
Chemicals of Concern |
Soil to Indoor Air |
Soil to Outdoor Air |
Soil to Drinking Water Leaching |
Soil to NonDrinking Water |
|||
Residential |
Non-Residential |
Residential |
Non-Residential |
Excavation |
|||
Benzene |
1.95 |
12.2 |
86.2 |
54.3 |
587 |
0.437 |
36.6 |
Toluene |
1,470 |
23,900 |
65,100 |
106,000 |
138,000 |
168 |
36,700 |
Ethylbenzene |
491 |
7,960 |
21,700 |
35,400 |
45,800 |
163 |
9,720 |
o, m and p-Xylenes |
51.8 |
841 |
2,290 |
3,740 |
4,840 |
1,950 |
993 |
Naphthalene |
65.8 |
412 |
2,910 |
1,830 |
8,650 |
1.12 |
1,350 |
1,2,4 - Trimethylbenzene |
6.54 |
106 |
289 |
472 |
611 |
5.89 |
164 |
MTBE* |
167 |
1,050 |
7,400 |
4,660 |
151,000 |
2.67 |
2,980 |
1,2 - Dibromoethane (EDB) |
0.178 |
1.11 |
7.87 |
4.96 |
161 |
0.00177 |
3.22 |
1,2 - Dichloroethane (EDC) |
1.16 |
7.26 |
51.3 |
32.3 |
272 |
0.177 |
20.9 |
Benzo(a)anthracene |
91,200 |
571,000 |
>1E+6 |
>1E+6 |
>1E+6 |
1,480 |
>1E+6 |
Benzo(a)pyrene |
267,000 |
>1E+6 |
>1E+6 |
>1E+6 |
>1E+6 |
>1E+6 |
>1E+6 |
Benzo(b)fluoranthene |
>1E+6 |
>1E+6 |
>1E+6 |
>1E+6 |
>1E+6 |
>1E+6 |
>1E+6 |
Benzo(k)fluoranthene |
>1E+6 |
>1E+6 |
>1E+6 |
>1E+6 |
>1E+6 |
57,500 |
>1E+6 |
Chrysene |
>1E+6 |
>1E+6 |
>1E+6 |
>1E+6 |
>1E+6 |
45,000 |
>1E+6 |
Dibenz(a,h)anthracene |
>1E+6 |
>1E+6 |
>1E+6 |
>1E+6 |
>1E+6 |
N/A |
>1E+6 |
Indeno(12 3-cd)pyrene |
>1E+6 |
>1E+6 |
>1E+6 |
>1E+6 |
>1E+6 |
N/A |
>1E+6 |
* Methyl tertiary-butyl ether
All chemical concentrations expressed in milligrams per kilogram (mg/kg).
Soil Class 3
Chemicals of Concern |
Soil to Indoor Air |
Soil to Outdoor Air |
Soil to Drinking Water Leaching |
Soil to NonDrinking Water |
|||
Residential |
Non-Residential |
Residential |
Non-Residential |
Excavation |
|||
Benzene |
2.39 |
15.0 |
451 |
284 |
3,070 |
1.63 |
140 |
Toluene |
1,790 |
29,100 |
338,000 |
552,000 |
715,000 |
850 |
189,000 |
Ethylbenzene |
596 |
9,670 |
112,000 |
184,000 |
238,000 |
639 |
39,100 |
o, m and p-Xylenes |
63.5 |
1,030 |
12,000 |
19,600 |
25,300 |
7,490 |
3,900 |
Naphthalene |
80.8 |
505 |
15,000 |
9,430 |
44,500 |
4.99 |
6,160 |
1,2,4 - Trimethylbenzene |
7.99 |
130 |
1,510 |
2,460 |
3,190 |
31.1 |
886 |
MTBE* |
236 |
1,480 |
44,100 |
27,800 |
899,000 |
11.5 |
13,100 |
1,2 - Dibromoethane (EDB) |
0.239 |
1.49 |
44.1 |
27.8 |
899 |
0.00734 |
13.7 |
1,2 - Dichloroethane (EDC) |
1.54 |
9.65 |
289 |
182 |
1,530 |
0.714 |
86.7 |
Benzo(a)anthracene |
111,000 |
691,000 |
>1E+6 |
>1E+6 |
>1E+6 |
275,000 |
>1E+6 |
Benzo(a)pyrene |
318,000 |
>1E+6 |
>1E+6 |
>1E+6 |
>1E+6 |
>1E+6 |
>1E+6 |
Benzo(b)fluoranthene |
>1E+6 |
>1E+6 |
>1E+6 |
>1E+6 |
>1E+6 |
>1E+6 |
>1E+6 |
Benzo(k)fluoranthene |
>1E+6 |
>1E+6 |
>1E+6 |
>1E+6 |
>1E+6 |
>1E+6 |
>1E+6 |
Chrysene |
>1E+6 |
>1E+6 |
>1E+6 |
>1E+6 |
>1E+6 |
>1E+6 |
>1E+6 |
Dibenz(a,h)anthracene |
>1E+6 |
>1E+6 |
>1E+6 |
>1E+6 |
>1E+6 |
>1E+6 |
>1E+6 |
Indeno(1,2,3-c,d)pyrene |
>1E+6 |
>1E+6 |
>1E+6 |
>1E+6 |
>1E+6 |
>1E+6 |
>1E+6 |
* Methyl tertiary-butyl ether
All chemical concentrations expressed in milligrams per kilogram (mg/kg).
Where ten or more non-carcinogenic or carcinogenic chemicals of concern are present when analyzing for analytical groups 4 and/or 5, the standard for each chemical of concern shall be adjusted to meet the following goals:
The purpose of a tier 2 evaluation is to define the distribution of chemical(s) of concern to the applicable action levels, determine the current and potential future land use for the UST site and surrounding properties, develop a site conceptual exposure model and develop site-specific target levels using spreadsheets and models approved by the state fire marshal. A tier 2 evaluation shall be conducted in accordance with all of the following:
Action levels for the UST site shall be determined in accordance with the following:
If the UST site does not meet the non-residential land use determination pursuant to paragraph (L)(2) of this rule, owners and operators shall develop a site conceptual exposure model pursuant to paragraph (L)(4) of this rule.
A site conceptual exposure model shall be developed to clearly describe the conditions under which an exposure to chemical(s) of concern may occur by identifying exposure pathways and points of exposure in accordance with the following:
Identify all exposure pathways that exceed tier 1 action levels determined pursuant to paragraphs (H)(2) and (L)(3) of this rule. Pathway identification shall include identifying all receptors, media and transport mechanisms and routes of exposure in accordance with the following:
Identify current and potential future receptors that may be exposed to the release. At a minimum, the following potential receptors shall be evaluated:
The environmental media that are likely to contain concentrations of chemicals of concern shall be identified for evaluation. The following environmental media shall be evaluated:
All fate and transport mechanisms for chemical(s) of concern in the environmental media shall be identified. The following transport mechanisms shall be evaluated for all applicable pathways:
The following routes of exposure shall be evaluated:
Evaluate exposure pathways to determine if the exposure pathways identified in the site conceptual exposure model developed in accordance with paragraph (L)(4)(a)(i) of this rule are complete.
Where points of exposure are eliminated based on a land use restriction, owners and operators shall enter into an environmental covenant with the state fire marshal in accordance with sections 5301.80 to 5301.92 of the Revised Code that is recorded in the county where the UST site is located for the purpose of restricting the land use to activities that are consistent with the land use determination. A copy of the environmental covenant used shall be provided with the tier 2 evaluation report.
Where points of exposure are eliminated based on a groundwater use restriction, owners and operators shall enter into an environmental covenant with the state fire marshal in accordance with sections 5301.80 to 5301.92 of the Revised Code that is recorded in the county where the UST site is located for the purpose of restricting the drinking water use to activities that are consistent with the groundwater use determination. A copy of the environmental covenant used shall be provided with the tier 2 evaluation report.
Upon submission of the tier 2 evaluation report, the state fire marshal will evaluate the submitted information for completeness and either issue a letter of approval or a letter requesting additional information, as appropriate. The maximum concentrations of chemical(s) of concern shall be compared to the action level or tier 2 site-specific target levels, as applicable.
A summary of the tier 2 delineation data collection activities that includes, at a minimum, the following information:
Provide a summary of the pathway evaluation as developed in paragraph (L)(4)(a) and the point(s) of exposure in paragraph (L)(4)(b) of this rule. All sources of information in the report shall be documented.
Provide a summary of the activities conducted, the results of the tier 2 evaluation and a description of models or other methods used to determine site-specific target levels. The summary shall include the following:
Within ninety days from the projected completion date stated in the approved tier 3 evaluation plan a report summarizing the activities conducted in accordance with the tier 3 evaluation plan developed in paragraph (M)(1) of this rule and the results of the tier 3 decisions described in paragraph (M)(3) of this rule shall be submitted to the state fire marshal for approval.
A Remedial Action Plan shall be prepared and submitted to the state fire marshal within ninety days of approval of the tier 1 investigation report pursuant to paragraph (I)(4) of this rule, approval of the tier 2 evaluation pursuant to paragraph (L)(7)(a) of this rule or approval of the tier 3 evaluation report pursuant to paragraph (M)(4) of this rule. The remedial action plan shall include, at a minimum, all of the following information:
Following completion of remedial action in accordance with this rule, owners and operators shall prepare and submit a completion report no later than the submittal date provided in the approved plan. The completion report must demonstrate the remedial action objectives have been met. The report shall contain documentation supporting termination of the remedial action program. Upon approval of the report, the state fire marshal shall issue to the owners and operators written notice that no further action is required.
The monitoring plan shall include a point(s) of demonstration between the source area and the point of exposure and be submitted with the tier 2 evaluation report, remedial action plan or tier 3 evaluation report.
The process for the selection of the point(s) of demonstration shall consider the location of the point(s) of exposure including the receptor and exposure route, the transport mechanism (e.g., groundwater migration, vapor migration) and the estimated travel time from the source to the point(s) of exposure. The point(s) of demonstration shall be located to monitor the progress of the remedial action (including natural attenuation) and to verify the predictions related to the potential fate and transport of the chemical(s) of concern. The point(s) of demonstration shall be located sufficiently upgradient of the point(s) of exposure to indicate whether continued migration of the chemical(s) of concern may impact the point(s) of exposure above the applicable action levels.
Following completion of monitoring in accordance with paragraphs (O)(1) and (O)(2) of this rule, owners and operators shall prepare a completion report that demonstrates the monitoring objectives have been met. The report shall contain documentation supporting termination of the monitoring plan. Upon approval of the report, the state fire marshal shall issue to the owners and operators written notice that no further action is required.
The storage, treatment and disposal of petroleum contaminated soil generated from corrective actions undertaken pursuant to this rule shall be in accordance with rule 1301:7-9-16 of the Administrative Code.
If owners and operators desire an extension of time in which to comply with any portion of this rule, the owner and operator shall:
Notes
Promulgated Under: 119.03
Statutory Authority: 3737.88, 3737.882
Rule Amplifies: 3737.88, 3737.882
Prior Effective Dates: 05/09/1988, 09/01/1992, 03/31/1999, 03/01/2005, 07/01/2012, 09/01/2017
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