Ohio Admin. Code 3745-300-07 - Phase II property assessments for the voluntary action program
[Comment: For dates of non-regulatory government publications,
publications of recognized organizations and associations, federal rules, and
federal statutory provisions referenced in this rule, see
paragraph (B) of rule
3745-300-01
(A) Applicability.
(1) A phase II property assessment shall be
conducted in accordance with this rule if a phase I property assessment
conducted in accordance with rule
3745-300-06
of the Administrative Code reveals any information that establishes any reason
to believe that a release of hazardous substances or petroleum has or may have
occurred on or from the property;
, or there is reason to believe that a release from an
off-property source area is impacting the property. This rule does not apply
when a release is in an area that is demonstrated to be de minimis in
accordance with the requirements of
paragraph (E)(2)(a) of rule
3745-300-06
of the Administrative Code.
(2)
Factors affecting eligibility of a property. The volunteer shall utilize
information from phase I or phase II property assessments to determine that a
property is eligible for the voluntary action program in accordance with rule
3745-300-02
of the Administrative Code at the time of the no further action letter
issuance.
(B) Purpose of
a phase II property assessment.
(1)
The purpose of a phase II property assessment is to
conduct an investigation sufficient to determine whether all applicable
standards are met or to determine that remedial activities conducted in
accordance with rule
3745-300-11 of the
Administrative Code demonstrate or result in compliance with applicable
standards.
(2)
A volunteer may elect to conduct remedial activities at
any point during a phase II property assessment without first deriving
standards, provided that the remedial activities comply with rule
3745-300-11 of the
Administrative Code, and provided that the volunteer completes the activities
in paragraph (E) of this rule.
The purpose of a phase II property
assessment is to conduct an investigation sufficient to determine whether all
applicable standards are met or to determine that remedial activities conducted
in accordance with rule
3745-300-11 of the
Administrative Code demonstrate or result in compliance with applicable
standards.
A volunteer may elect to conduct
remedial activities at any point during a phase II property assessment without
first deriving standards, provided that the remedial activities comply with
rule
3745-300-11 of the
Administrative Code, and provided that the volunteer completes the activities
contained in paragraph (E) of this rule.
(C) Data quality objectives for phase II
property assessments. The volunteer shall develop and
implement data quality objectives consistent with U.S. EPA's "Guidance on
Systematic Planning Using the Data Quality Objectives Process" according to the
limitations and intended uses of those objectives. To achieve the purpose in
paragraph (B) of this rule, the volunteer, at a minimum, shall complete one
iteration of the following steps:
(4)
(5)
Develop an approach to identify contaminants
chemicals
of concern (COCs) , complete exposure pathways, and current and reasonably anticipated future
receptors.
(5)
(6) Specify how the data and information collected in
the phase II property assessment will
shall be used in the decision-making process to assess
identified areas. Clarify performance and acceptance/rejection
acceptance or rejection criteria for the
data.
(6)
(8) Develop a sampling
and analysis plan to obtain the data.
(7)
(9) Develop a
conceptual site model that illustrates the relationships between contaminants,
transport media, and receptors during various
phases of the voluntary action as needed. The final conceptual site model, which represents conditions at the time of the no further
action letter issuance, shall be submitted in the phase II property assessment
report completed in accordance with paragraph (J) of this rule
shall describe the exposure scenarios that identify the
environmental media, COCs, current and reasonably anticipated future land use
and receptor populations, and a determination of exposure pathway
completeness .
The volunteer shall develop and
implement data quality objectives consistent with U.S. EPA's "Guidance on
Systemic Planning Using the Data Quality Objectives Process" according to their
limitations and intended uses. In order to achieve the purpose contained in
paragraph (B) of this rule, the volunteer shall, at a minimum, complete one
iteration of the following steps:
(1) Identify the goals of the phase II
property assessment, including the applicable standards that need to be
achieved to demonstrate compliance with the
voluntary action program rules
this
chapter .
(2) Identify the
data and information necessary to support the objectives of the phase II
property assessment. Evaluate historical information from the phase I property
assessment and determine if data gaps are present that should be
addressed.
(3) Define the
boundaries of the phase II property assessment, including spatial and temporal
limits. Determine the identified areas that need to
be investigated or addressed, factoring in current and reasonably anticipated
future use of the property.
(4)
Determine the
identified areas that need to be investigated or addressed, factoring in
current and reasonably anticipated future use of the property.
(7)
Identify whether additional data or information are necessary to evaluate
exposure pathways if using exposure units in a property-specific risk
assessment conducted in accordance with rule
3745-300-09
of the Administrative Code.
The conceptual site model shall
determine exposure scenarios that identify the environmental media, chemicals
of concern, current and reasonably anticipated future land use and receptor
populations, and a determination of exposure pathway
completeness.
(10)
The final conceptual site model, which represents
conditions at the time of the no further action letter issuance, shall be
included in the phase II property assessment report that is completed in
accordance with paragraph (J) of this rule.
[Comment: The conceptual site model
should give consideration to appropriate assessment and sampling relative
source areas, identified areas, and exposure units based on current and future
land use conditions at the property.]
(D) Sampling and sample analysis.
The volunteer shall identify the samples and analytes
that the certified laboratory shall analyze, and the volunteer shall ensure the
following:
The volunteer shall identify the
samples and analytes that the certified laboratory shall analyze, and the
volunteer shall ensure that the following:
(1) The sampling procedures employed at the
property are consistent with the sample quality requirements of the certified
laboratory.
(2) Data from the
certified laboratory are adequate for use in the voluntary action. At a
minimum, the volunteer shall do the following:
(a) Notify the certified laboratory when
samples are to be used for a voluntary action and when certified laboratory
data are required. If this communication with the
certified laboratory is not provided, a certified laboratory is not required to
analyze the samples in accordance with its certification. Therefore, the
certified laboratory may not be able to provide the appropriate affidavit
certifying the analytical results as certified data.
(b) Ensure that the certified laboratory is
certified for and capable of performing the analyses that are required for the
property, including those necessary for
forming
to form the basis of the no
further action letter. In accordance with paragraph
(H)(2) of rule
3745-300-04
of the Administrative Code, the certified laboratory shall disclose when it is
not providing certified data whenever it is not certified for any analyte,
parameter group, or method included in a request for analysis. This disclosure
may be in the analytical report or by other means.
(c) Communicate to the certified laboratory
the applicable standards required for the property and ensure that the
certified laboratory is capable of detecting the chemicals of concern
COCs in environmental media at or below the applicable
standards for the property. Cumulative adjustments for multiple chemicals and
pathways shall be evaluated when
determining
to determine the applicable
standards that shall be achieved when
evaluating
to evaluate compliance with
applicable standards. In accordance with paragraph
(H)(7) of rule
3745-300-04
of the Administrative Code, the certified laboratory shall disclose when it is
not capable of detecting the chemicals of concern in environmental media at or
below the applicable standards for the property. This disclosure may be in the
analytical report or by other means. An appropriate detection limit may be used
to represent any applicable standard where the certified laboratory is not
capable of detecting the chemicals of concern at or below the applicable
standard until such time that a lower detection is achieved.
(d)
Use appropriate
detection limit to represent any applicable standard where the certified
laboratory is not capable of detecting the COCs at or below the applicable
standard until such time that a lower detection is achieved.
(3) Acceptable quality assurance
and quality control procedures have
been
are established and employed when
collecting field data
are collected during the phase II property
assessment. The field quality assurance and quality control procedures shall
serve to: minimize sources of error;
, minimize the
potential for cross contamination;
, and maximize the representativeness of the data
collected. At a minimum, the
The field quality assurance and quality control
procedures shall, at a minimum, include the
following:
(a) Review of the laboratory's
quality assurance program plan and standard operating procedures for
consistency with field quality assurance and quality control
procedures.
(b)
Development of
Develop field quality assurance and quality control
procedures including but not limited to the following items:
(i) Equipment decontamination.
(ii) Trip blanks, equipment blanks, field
blanks, and duplicates.
(iii)
Calibration of field instruments, which includes procedures for instrument
correction and re-calibration when necessary.
(iv) Documentation and record
maintenance.
(v) Sample handling,
preservation, and holding times.
(vi) Chain-of-custody.
(4) Data collection, field testing,
field screening and sampling techniques are established and used. Data
collection, field testing, field screening and sampling techniques shall be
used in a manner that is consistent with achieving the purpose of the phase II
property assessment.
(E) Phase II property assessment
data collection activities. The volunteer shall
collect sufficient data in accordance with the requirements contained in this
paragraph to make the determinations contained in paragraphs (F)(1) to (F)(10)
of this rule. The sampling activities conducted under this paragraph
shall be performed in accordance with the sampling procedures
contained in paragraph (D) of this rule.
Data collection and data evaluation may be conducted iteratively in accordance
with the conceptual site model as required by paragraph
(C)(7)
(C)(9)
of this rule. The volunteer shall collect sufficient
data to make the determinations in paragraph (F) of this rule, in accordance
with the following:
(1) Use of existing
information from phase I assessments and data from laboratories not certified
under this chapter.
(a) Phase I property
assessment and other existing information. The person
conducting
who
conducts a phase II property assessment shall utilize all information
from a phase I property assessment conducted in accordance with rule
3745-300-06
of the Administrative Code and any other information known to the owner, or the volunteer if different from the owner, which is relevant to properly characterizing
the
proper characterization of environmental conditions on, underlying, or
emanating from the property.
(b)
Using
Use of
data from prior phase I environmental site assessments. Prior phase I
environmental site assessments and studies not conducted in accordance with
rule
3745-300-06
of the Administrative Code may be relied upon, provided that all of the
following are met:
(i) The information
gathered and the method used to collect and evaluate the data are consistent
with the purposes described in paragraph
(A) of rule
3745-300-06
of the Administrative Code.
(ii)
The prior phase I environmental site assessment is amended in such a way as to
comply with the requirements of rule
3745-300-06
of the Administrative Code.
(iii)
The prior phase I environmental site assessment is amended to comply with
paragraph (E)(1)(c) of this rule, if more than one hundred eighty days has
elapsed since its
after completion of the phase
I environmental site assessment .
(c) Amending phase I property assessments.
The volunteer shall ensure that all requirements contained in paragraphs (C) and (E) of rule
3745-300-06
of the Administrative Code have been
are performed within one hundred eighty days before
the phase II property assessment begins, or that no change in environmental
conditions at the property have occurred
since
after
the requirements in
actions required by paragraphs (C) and (E) of rule
3745-300-06
of the Administrative Code were performed
conducted .
Changed
A change in
environmental conditions means new information about known or suspected
releases to environmental media resulting
that result
in additional identified areas at the property that are subject to phase II
property assessment, or previous identified areas
that need further phase II property assessment due to new information.
(i)
When
determining
During a determination of
whether to re-evaluate requirements in paragraphs (C) and (E) of rule
3745-300-06
of the Administrative Code, best professional judgment shall be used to decide
which requirements in paragraphs (C) and (E) of rule
3745-300-06
of the Administrative Code shall be re-evaluated to determine whether
additional phase II property assessment is required.
(ii) If any requirements
provisions in paragraphs (C) and (E) of rule
3745-300-06
of the Administrative Code require re-evaluation, documentation of the
additional information gathered to comply with this paragraph shall be included
in an updated phase I property assessment report.
(d) Use of non-certified laboratory data.
Data generated by laboratories not certified under this chapter, non-certified
data, and studies not conducted in accordance with this rule may be used to
partially meet the requirements of
comply with this rule, provided that all of the
following are met:
(i) The information
gathered is consistent with the purposes of this rule,
and the methods used to collect and evaluate the data are consistent
with the purposes of this rule.
(ii) The data are evaluated to ensure quality
and consistency with the requirements for data collected in a phase II property
assessment conducted in accordance with this rule.
(iii) The data are confirmed by samples
analyzed using by a laboratory with a
current certification under this chapter for the analysis. The confirmatory
samples shall be collected as follows:
(a)
For ground water, surface water, and air, provided that
the samples are collected from the same sampling points that were used in the
previous study, a minimum of ten per cent of the sample population of
each data set in the previous study shall be confirmed, provided that the samples are collected from the same
sampling points that were used in the previous study.
(b) For all environmental media not addressed
in paragraph (E)(1)(d)(iii)(a) of this rule, or if the sampling points used in
the previous study cannot be used, or are not used, for collecting confirmatory samples, the volunteer shall
quantitatively compare the non-certified laboratory dataset and the certified
laboratory dataset and demonstrate that the two are not significantly
different, utilizing any method that is accepted as an academic or industry
standard, by collecting a minimum of ten per cent of the sample population, or
at least eight samples, whichever is greater, for each data set in the previous
study.
the volunteer shall do the
following:
(i)
Collect a minimum of ten per cent of the sample population, or at least eight
samples, whichever is greater as confirmation samples, for each data set in the
previous study.
(ii)
Qualitatively compare the non-certified laboratory data
set and the certified laboratory data set and demonstrate that the two are not
significantly different. To make this demonstration, the volunteer shall
utilize any method that is accepted as an academic or industry standard.
[Comment: If prior data or
information are used in support of a no further action letter, they should be
consistent with existing property conditions.]
(iv)
The data or information used in support of a no further
action letter are consistent with existing property conditions.
(v)
If the
requirements of paragraphs (E)(1)(d)(i) to (E)(1)(d)(iv) of this rule cannot be
met, the volunteer shall determine the concentrations of COCs in identified
areas or exposure units in accordance with paragraph (F)(6) of this
rule.
(2) A review and evaluation of existing
regional and property-specific geologic, hydrogeologic, and physical
characteristics of the property and its
the surrounding area by evaluating
an evaluation
of characteristics contained in
paragraphs (E)(2)(a) to (E)(2)(o) of this rule. The volunteer shall review
reasonably available information from previous on-property investigations or
other sources of information. Property-specific data shall be collected as
needed. The collection of additional data or information shall be by methods
consistent with requirements of this rule.
The evaluation of information and collection of additional data shall be
consistent with the data quality objectives developed in accordance with
paragraph (C) of this rule. The review and evaluation shall address and
include, as necessary, the following, as necessary :
(a)
The characteristics of major stratigraphic units and the associated
depositional environments. A description of the continuous profile of the
stratigraphic units beneath the property, including the thickness and lateral
extent of each unit and the depth to bedrock.
(b) Property-specific physical
characteristics of saturated or unsaturated soils or bedrock,
including but not limited to: porosity, effective
porosity, bulk density, moisture content, grain size analysis, and soil pH. The
vertical and horizontal hydraulic conductivity of saturated and unsaturated
zones. The contaminant attenuation capacity and mechanisms of attenuation of
soil or bedrock, including but not limited to: ion exchange capacity, organic
carbon content, mineral content, and soil sorptive capacity.
the following:
(i)
Porosity.
(ii)
Effective porosity.
(iii)
Bulk
density.
(iv)
Moisture content.
(v)
Grain size
analysis.
(vi)
Soil pH.
(vii)
The vertical
and horizontal hydraulic conductivity of saturated and unsaturated
zones.
(viii)
The contaminant attenuation capacity and mechanisms of
attenuation of soil or bedrock including but not limited to the
following:
(a)
Ion exchange capacity.
(b)
Organic carbon content.
(c)
Mineral
content.
(d)
Soil sorptive capacity.
(c) Identification of regional
aquifers and ground water zones beneath the property, and a determination of
their
the
productivity of such aquifers .
(d) Identification of confining units that
may separate ground water zones and the ability of the confining units to
transmit or retard the movement of ground water, including an evaluation of the
hydraulic interconnectedness of such zones in the subsurface.
(e) Identification and characterization of
ground water recharge and discharge areas, and the amount of recharge and
discharge.
(f) Estimates of
infiltration rates or evapotranspiration
rates.
(g) A description, and the
potential orientation, of geomorphology and structural geologic features that
may influence the ground water flow system or unsaturated flow conditions,
including but not limited to: topographical
features, geologic stratification, faults, joints, or fractures.
(h) The occurrence, flow direction, and gradient of surface water or ground
water.
(i) The absence or presence
of commingled chemicals of concern
COCs from multiple source areas.
(j) The natural quality of ground water and
surface water.
(k) Any
anthropogenic influences that may affect or alter the natural geology and
hydrogeology underlying the property or may provide preferential migration
pathways, including but not limited to:
, utilities, fill material, pavement, buildings and
building foundations, or grading activities.
(l) Identification of ground water use,
availability or special designations such as "drinking water source protection areas for a
public water system using ground water" as defined
in paragraph (A) of rule
3745-300-01
of the Administrative Code or sole source aquifer
designations.
(m) Identification of
the presence of legally-enforceable restrictions on the use of ground water
including, without limitation, local rules and ordinances.
(n) Identification of regional availability
of surface water or ground water and reasonable alternative sources of drinking
water.
(o) Any other
characteristics or information that may be useful to meet the data quality
objectives of the phase II property assessment or to determine compliance with
applicable standards or the need for remedial activities.
(3) The volunteer shall identify the
chemicals of concern
COCs in the identified areas by
evaluating
an
evaluation of the following:
(a)
Hazardous substances or petroleum identified in a phase I property assessment
conducted in accordance with this rule or rule
3745-300-06
of the Administrative Code or this
rule.
(b) Hazardous
substances or petroleum that are or have
been
were commonly used in industrial or
commercial activities similar to the activities conducted at the
property.
(c) Hazardous substances
or petroleum that, based on reasonably available information, may be typical
constituents, components, additives, impurities,
and degradation products of hazardous substances or petroleum identified in
paragraphs (E)(3)(a) and (E)(3)(b) of this rule.
[Comment: Naturally occurring
hazardous substances or petroleum that occur in one environmental medium are
considered potential chemicals of concern if current or past activities
involving the treatment, storage, or disposal of hazardous substances or
petroleum, are suspected to have caused the transfer of these naturally
occurring hazardous substances or petroleum to other environmental media.
Examples include, but are not limited to:
(i)
an acid spill
that results in the leaching of metals naturally found in soil to the
underlying ground water, or (ii) the mobilization to ground water of metals
naturally found in soil when the mobilization is the result of anaerobic ground
water associated with the biodegradation of an organic solvent ground water
plume.]
(d)
Constituents of hazardous substances for which a method or technology of
analysis is not available to measure the concentration of the hazardous
substance. The volunteer shall obtain certified data for each constituent or
set of constituents, which are
representative of a hazardous substance,
even if the constituents are not listed as a hazardous substance.
[Comment: An example is the compound
aluminum sulfate whereby a laboratory indicates that it can analyze for
aluminum which, by itself is not a hazardous substance; however, aluminum
sulfate is a hazardous substance.]
(e)
Naturally
occurring hazardous substances or petroleum that occur in one environmental
medium are considered potential COCs if current or past activities involving
the treatment, storage, or disposal of hazardous substances or petroleum are
suspected to have caused the transfer of these naturally occurring hazardous
substances or petroleum to other environmental media. Examples include the
following:
(i)
An acid spill that results in the leaching of metals naturally found in soil to
the underlying ground water.
(ii)
The mobilization
to ground water of metals naturally found in soil when the mobilization is the
result of anaerobic ground water associated with the biodegradation of an
organic solvent ground water plume.
(4) Evaluate identified areas.
(a) The volunteer shall evaluate all
identified areas and determine within each identified area the following:
(i) All source areas that are
present.
(ii) All affected media
that are present.
(b)
The volunteer shall consider information from a phase II property assessment to
determine if the existence, location, and
dimensions of each identified area designated pursuant to a phase I property
assessment require adjustment. If the existence, location, or dimensions of the identified areas require
adjustment or redesignation to reflect the phase II property assessment
information, the volunteer shall make the appropriate adjustments to the
identified areas and shall redesignate the
identified areas in the phase II property assessment.
(5) Sampling environmental media.
(a) The volunteer shall collect samples from
environmental media affected by a release in accordance with the data quality
objectives and sampling procedures developed under paragraphs (C) and (D) of
this rule. Sampling objectives shall be reliable and representative for the
environmental media being sampled, as
necessary to make the determinations contained
in paragraphs (F)(1) to (F)(10) of this rule.
(b)
When
determining
During the determination of
how to conduct sampling under paragraph (E)(5)(a) of this rule, the volunteer
shall ensure that the data collected will
be
are sufficient
for making
to
make the determinations in paragraphs (F)(1) to (F)(10) of this rule
as well as meeting
for all points of compliance an receptors, and meet
the stated data quality objectives. The volunteer shall ensure that the data
are representative considering
and shall consider the following :
(i) The vertical and
horizontal spatial distribution of sampling locations.
(ii) Temporal variations in the media or in
the concentrations of chemicals of
concern
COCs contained in the
media.
(6)
Identification of current and reasonably anticipated property use and receptor
populations.The volunteer shall identify the current
and reasonably anticipated uses of the property using the data quality
objectives as provided in paragraph (C) of this rule. The volunteer shall also
identify all receptor populations reasonably anticipated to be exposed to COCs
on the property, and all off-property receptor populations reasonably
anticipated to be exposed to COCs from the property. Receptor populations that
shall be identified for the purpose of making the determinations contained in
paragraph (F)(1) of this rule include, at a minimum, the following:
The volunteer shall identify the
current and reasonably anticipated uses of the property using the data quality
objectives as provided in paragraph (C) of this rule. The volunteer shall also
identify all receptor populations reasonably anticipated to be exposed to
chemicals of concern on the property, and all off-property receptor populations
reasonably anticipated to be exposed to chemicals of concern from the property.
Receptor populations that shall be identified for the purpose of making the
determinations contained in paragraph (F)(1) of this rule include, at a
minimum, the following:
(a)
The volunteer shall identify the current and reasonably
anticipated uses of the property using the data quality objectives provided in
paragraph (C) of this rule.
(b)
The volunteer
shall identify all receptor populations reasonably anticipated to be exposed to
COCs on the property, and all off-property receptor populations reasonably
anticipated to be exposed to COCs from the property. Receptor populations that
shall be identified in order to make the determinations in paragraph (F)(1) of
this rule include, at a minimum, the following:
(a)
(i) Populations that
live on the property.
(b)
(ii) Populations that
work on the property.
(c)
(iii) Populations on
the property as visitors, commercial consumers or recreational
participants.
(d)
(iv) Populations on or off the property that may be
exposed to chemical(s) of concern
COCs in environmental media as a result of
construction or excavation
activities.
(e)
(v) Populations on or off the property that are
reasonably anticipated to be exposed to chemicals of
concern
COCs from the property through
ground water migration, surface water migration, dust emissions,
volatilization, and other mechanisms which
transport chemicals of concern
COCs off the property.
(f)
(vi) Important
ecological resources that, considering the land use and the quality and extent
of habitat on the property and adjoining properties, reasonably would have reasonably been associated with the property or
adjacent properties were it not for the presence of chemicals of concern
COCs from the property.
(7) The volunteer may need to
conduct data collection activities necessary to determine background levels in
accordance with paragraph (H) of this rule.
(F) Determinations under the voluntary action
program.
(1) Pathway completeness
determination.
(a) The volunteer shall
evaluate the current and reasonably anticipated exposure pathways and shall
identify the following.
(i) All source areas
or affected media contributing to the pathway.
(ii) The receptors identified under paragraph
(E)(6) of this rule and any applicable points of compliance.
(iii) The transport mechanisms for the
pathway.
[Comment: The points of compliance
for a pathway may be a receptor identified in accordance with this rule, or may
be determined under other rules contained in this chapter. For example, the
ground water response requirements contained in rule
3745-300-10
of the Administrative Code under specific conditions require that the point of
compliance is the property boundary.
(b) The volunteer shall determine which
current and reasonably anticipated pathways are complete. Exposure pathways
shall be based on property-specific data collected in accordance with the
procedures described in this chapter and shall be evaluated in accordance with
the procedures described in this chapter. A pathway is considered to be
complete if all three of the pathway components contained
described in
paragraphs (F) (1)(a)(i) to (F)(1)(a)(iii) of this rule are present. All
exposure pathways determined to be complete under this paragraph shall be
identified in the phase II property assessment report.
(c) If it is
determined
the volunteer determines that
any of the exposure pathways on or adjoining the property are not reasonably
anticipated to be complete for the chemicals of
concern
COCs , the phase II property
assessment report shall include a written justification for the elimination of
those exposure pathways from further consideration.
(2) Determination of ground water zones and
confining units.
(a) The volunteer shall
determine ground water zones and confining units beneath the property, as
necessary, for the purposes of ground water protection or classification. The
information listed in paragraph (E)(2) of this rule should
shall be used,
as necessary, to determine the extent to which saturated zones in the
subsurface should be divided or grouped into ground water zones.
Further, the
The volunteer should
shall determine
whether any confining units are present, and, if present, how
they
such confining
units separate the ground water zones.
(b)
When
evaluating
During the evaluation of
whether the uppermost saturated zone is a ground water zone, the volunteer may
assume that the saturated zone contains ground water, or may provide a demonstration that the saturated
zone does not contain ground water. If the volunteer chooses to make a
demonstration that the uppermost saturated zone does not contain ground water,
then the volunteer shall bias the following
determinations to the area of highest expected outcome of the testing:
(i) Determine the ground water yield in
accordance with paragraph (F) (8) of this rule, using a sufficient number of
properly developed wells that are constructed to the minimum standards of a
two-inch diameter, five-foot long manufactured screen placed in the saturated
zone in a six-inch diameter borehole.
(ii) Determine the in situ hydraulic
conductivity of the saturated zone using appropriate field test methods.
Sampling points shall be sufficient in number to represent the hydraulic
conductivity of the saturated zone underlying the property.
(3) Determination of
whether the provisions for protection of ground water
meeting
that
meets unrestricted potable use standards apply, or whether ground water classification is required.
If a ground water zone is determined to meet unrestricted potable use
standards, the provisions contained in
paragraph (F)(4) of this rule and paragraph (D) of rule
3745-300-10
of the Administrative Code apply to the ground water zone underlying the
property. If a ground water zone is determined to exceed unrestricted potable
use standards, the classification of the ground water zone shall be determined
in accordance with paragraph (B) of rule
3745-300-10
of the Administrative Code. Either generic or property-specific unrestricted
potable use standards may be used when
making
to make this demonstration. For
each ground water zone underlying the property, the volunteer shall demonstrate
whether the ground water in the zone meets or exceeds unrestricted potable use
standards by use of one of the following methods:
(a) Sample the ground water within the zone
to determine whether the ground water in that zone meets or exceeds
unrestricted potable use standards. The volunteer shall collect one or more
ground water samples to determine the concentration of
chemicals of concern
COCs in the ground water.
(i) Ground water samples shall be collected
in accordance with paragraph (F)(6)(d) of this rule from one or more ground
water monitoring wells located immediately down-gradient of the source area or
down-gradient and as close as possible to the source area. The samples shall be
analyzed by a certified laboratory for the concentrations of the
chemicals of concern
COCs at the property. If more than one ground water
sample is collected from a well, the second sample shall be collected within
forty-eight hours to ninety days after collection of the first ground water
sample.
(ii) To evaluate whether
more than one ground water sample is warranted to determine if the ground water
meets or exceeds the unrestricted potable use standards, the volunteer shall
consider all temporal variations that could impact the determination of whether
the provisions apply to the ground water zone. If additional ground water
sampling events are warranted due to temporal variations, then a sufficient
number of additional ground water samples shall be collected over an
appropriate time period to adequately characterize a representative
concentration of the chemical of
concern
COC in ground water. Temporal
variations include, but are not limited to, the following:
(a) Seasonal variations
resulting
that
result in either increased or decreased recharge and thus fluctuations in
the water table elevation.
(b)
Other variations resulting
that result from the impact of geologic heterogeneity
(permeability, fractures, etc.), contaminant source heterogeneity, or the transient nature of contaminant
transport.
(iii) A
minimum of two ground water samples are needed to determine that the ground
water in a zone exceeds the unrestricted potable use standards, unless one or
both of the following conditions apply:
(a)
The concentrations of the first sampling event exceed unrestricted potable use
standards by at least one order of magnitude.
(b) The concentrations of the first sampling
event exceed unrestricted potable use standards and historical ground water
data at the property indicates that releases from source areas have impacted
the ground water zone underlying the property in excess of unrestricted potable
use standards.
(iv)
When demonstrating
During a demonstration of whether ground water meets
or exceeds unrestricted potable use standards, a cumulative adjustment for
multiple chemicals shall be conducted in accordance with paragraph (A)(2)(b) of
rule
3745-300-08
of the Administrative Code. The cumulative adjustment for multiple chemicals is
required for both generic and property-specific risk-derived unrestricted
potable use standards. However, the generic unrestricted potable use standards
for ground water
based on maximum contaminant levels or other regulatory
established criteria under paragraph (E)(3)(b)
(E)(3) of
rule
3745-300-08
of the Administrative Code shall not be included in the cumulative adjustment
for multiple chemicals in the ground water zone. When
making this demonstration, the
The risk
for potable use of ground water shall not be summed with the risk from exposure
pathways other than potable use of ground water.
(v)
Ground water with
free product exceeds applicable standards for unrestricted potable use of
ground water.
(b)
The volunteer may justify that sampling of a ground water zone underlying the
property is not necessary to determine that the ground water in the zone does
not contain concentrations of any chemicals of
concern exceeding
COCs that exceed
unrestricted potable use standards. Based on this justification, the volunteer
may apply the provisions for protecting
to protect ground water meeting
that meets
potable use standards contained in
paragraph (F)(4) of this rule and paragraph (D) of rule
3745-300-10
of the Administrative Code. As part of this justification, the volunteer shall
document that it is reasonable to assume ground water does not exceed the
unrestricted potable use standards based on a weight-of-evidence approach using
relevant property-specific information, including the following, as necessary:
(i) The nature, type, concentration, and mass
of the chemicals of concern
COCs released, and the time of release.
(ii) The type, concentration, and mass of
chemicals of concern
COCs present in the subsurface soil or bedrock above the ground water zone
requiring protection or between ground water zones.
the following:
(a)
Subsurface soil or bedrock above the ground waster zone
that requires protection.
(b)
Subsurface soil or bedrock between grond water
zones.
(iii) The
physical and chemical characteristics of the soil or bedrock beneath the
property including, but not limited to, the secondary features, soil or bedrock
type, heterogeneity of the subsurface soil or bedrock, or the integrity of any
confining units separating
that separate ground water zones.
(iv) The separation distance between the
source area and the ground water zone, or the separation distance between
ground water zones.
(v) The results
of modeling conducted in accordance with paragraph (G) of this rule, as
applicable.
(vi) The presence or
absence of off-property source areas that may have impacted ground water on,
underlying, or emanating from the property. The impact of off-property source
areas shall be determined in accordance with paragraph (F)(9) of this
rule.
(vii) Any other lines of
evidence the volunteer believes support the determination that the ground water
in a zone underlying the property does not contain concentrations of any
chemicals of concern
COCs above unrestricted potable use standards.
[Comment: In general, ground water
zones may be considered to meet unrestricted potable use standards when they
underlie a ground water zone that meets unrestricted potable use standards, as
determined according to paragraph (F)(3) of this rule, and will continue to
meet unrestricted potable use standards in the future, as determined according
to paragraph (F)(4) of this rule. This generalization may be applied when it is
reasonable to assume that hazardous substances or petroleum could not have been
introduced into the underlying ground water zones through subsurface disposal
(or some other means) and when off-property areas identified in the phase I
property assessment have not introduced chemicals of concern into the
underlying ground water zones.]
(4) Demonstration of continuing
compliance with the provisions for
protecting
to protect ground water
meeting unrestricted potable use standards.
(a) When the provisions for protecting ground
water apply to a ground water zone in accordance with paragraph (D) of rule
3745-300-10,
the volunteer shall demonstrate that chemicals of
concern, will
COCs shall not migrate to
the ground water zone at concentrations that exceed unrestricted potable use
standards. To demonstrate this, the volunteer shall do either of the following:
(i) Demonstrate that the
chemicals of concern
COCs in the subsurface do not exceed values that would
result in unrestricted potable use standards being exceeded in the ground water
zone.
(ii) Demonstrate that the
provisions for protecting
to protect ground water meeting
that meets
potable use standards will
shall not be violated, using a weight-of-evidence
approach. As part of this weight-of-evidence approach, the volunteer shall
document that it is reasonable to assume the ground water zone will not exceed
unrestricted potable use standards in the future using relevant
property-specific information, including the following, as necessary:
(a) The nature, type, concentration, and mass
of the chemicals of concern
COCs released, and the time of release.
(b) The type, concentration, and mass of
chemicals of concern
COCs present in the subsurface soil or bedrock above
the ground water zone requiring
that requires protection or between ground water
zones.
(c) The physical and
chemical characteristics of the soil or bedrock beneath the property including,
but not limited to, the secondary features, soil or bedrock type, heterogeneity
of the subsurface soil or bedrock, or the integrity of any confining units
separating
that
separate ground water zones.
(d) The separation distance between the
source area and ground water, or the separation distance between ground water
zones.
(e) The results of modeling
conducted in accordance with paragraph (G) of this rule, as
applicable.
(f) The presence of
man-made structures on the property that reduce or prevent infiltration and
leaching of any chemicals of concern
COCs to the ground water zone. Man-made structures
which inhibit infiltration are considered engineering controls and shall be
maintained under an operation and maintenance plan in accordance with rule
3745-300-11 of the
Administrative Code.
(g) Any other
lines of evidence the volunteer believes support the determination that the
ground water in a zone underlying the property will
shall not exceed
concentrations of any chemicals of
concern
COCs above unrestricted potable
use standards.
(b) If it cannot be demonstrated in
accordance with paragraph (F)(4) of this rule that chemicals of concern will
COCs shall not leach or otherwise migrate into the
ground water zone underlying the property, the volunteer shall implement a
remedy in accordance with rule
3745-300-11 of the
Administrative Code that prevents the ground water zone underlying the property
from exceeding unrestricted potable use standards.
(5) Determination of applicable standards.
Applicable standards shall be determined for all chemicals of concern
COCs with respect to all exposure pathways determined
to be complete under paragraph (F)(1) of this rule for which the volunteer
intends to demonstrate compliance with applicable standards in accordance with
paragraph (I) of this rule. The volunteer shall determine and derive the
applicable standards for each complete exposure pathway in accordance with
the requirements specified in this chapter.
When an engineering control is implemented under an
operation and maintenance plan in accordance with rule
3745-300-11 of the
Administrative Code that renders an exposure pathway incomplete the volunteer
does not need to derive the applicable standards.
(a) The volunteer shall determine the
applicability of generic numerical standards at the property in accordance with
paragraph (A)(1)(a) of rule
3745-300-08
of the Administrative Code. If generic direct-contact soil standards for
restricted land uses are used to meet applicable standards, institutional
controls shall be used to limit the property's land use as described in
paragraphs (B)(2)(d) and (C)(2)(c) of rule
3745-300-08
of the Administrative Code. The institutional controls shall be implemented in
accordance with rule
3745-300-11 of the
Administrative Code.
(b) When a
property-specific risk assessment is performed at the property, the volunteer
shall determine the applicability of standards derived through a
property-specific risk assessment conducted in accordance with paragraph (A) of
rule
3745-300-09
of the Administrative Code.
(c) The
volunteer shall determine the applicability of any other standards
contained in this rule or
in rule
3745-300-08,
3745-300-09,
3745-300-10,
or
3745-300-11 of the
Administrative Code.
(d)
The volunteer shall consider the performance of a remedy employed at the
property when its
the remedy's use is intended to meet or maintain
applicable standards. The remedy shall be implemented in accordance with rule
3745-300-11 of the
Administrative Code.
(e) The
volunteer does not need to determine applicable standards in accordance with
rule
3745-300-08
or
3745-300-09
of the Administrative Code for chemicals of
concern
COCs when the concentrations of
the chemicals of concern
COCs from the property are at or below background
levels determined in accordance with paragraph (H) of this rule.
(f) The volunteer does not need to determine
applicable standards for chemicals of
concern
COCs , if any of the following
apply:
(i) The chemicals of concern
COCs were the result of a release in a de minimus area
or a previously addressed area as determined in accordance with paragraph
(E)(2)(a) of rule
3745-300-06
of the Administrative Code .
(ii) The volunteer makes the determination
that infrequent detections of chemicals of
concern
COCs are a product of artifacts
in the data and may not be related to the site operations or disposal
practices. Such a
The determination shall be
based on a demonstration of sufficient weight of evidence. Examples of evidence
for consideration include, at a
minimum, the following considerations:
(a) Historical information reported in the
phase I property assessment report and other historical data from the
property.
(b) The concentrations at
which the detections are reported, provided that detection limits are not
elevated due to matrix interferences.
(c) The detections do not indicate the
presence of previously unknown areas of high concentration
(i.e., new "hot spots").
[Comment: The discovery of new hot
spots may indicate the presence of identified areas that require adjustment or
redesignation in accordance with paragraph (E)(4) of this
rule.]
(d) The
chemical of concern
COC is not detected in any other sampled environmental
media.
(e) The likelihood that the
detected constituents are degradation or by-products of
chemicals of concern
COCs on the property.
(f)
The type of environmental media in which
the detections are reported.
(iii) The chemicals of concern
COCs are demonstrated by the
certified laboratory to be tentatively identified compounds without an
indication of historical use on the property or evidence that
they
the COCs
might be degradation compounds or by-products of one or more other
chemicals of concern
COCs used at the property.
(iv) The chemicals
of concern
COCs are demonstrated through
appropriate quality assurance and quality control data to be the result of
contamination due to field sampling activities or laboratory
processes.
(v) The
chemicals of concern
COCs are essential human nutrients that are present
in concentrations near naturally occurring
levels
due to the release or potential release
of a hazardous substance or petroleum , and may be toxic only at very high
concentrations. These chemicals include iron, magnesium, calcium, potassium, and sodium.
(vi) The chemicals
of concern
COCs are determined to
contribute to less than one per cent of the estimated risk
and or hazard attributed to a
pathway-receptor combination in accordance with the procedures
contained in U.S. EPA's "Risk Assessment
Guidance for Superfund, Volume I: Human Health Evaluation
manual
Manual
(Part A)" following a procedure analogous to section 5.9.5 of the
document.
(6)
Determination of the concentrations of chemicals of concern
(COCs) in identified areas or
in exposure units as
defined in paragraph (A) of rule
3745-300-01
of the Administrative Code. The volunteer shall determine the
concentrations of the chemicals of
concern
COCs in accordance with
paragraphs (F)(6)(a) to (F)(6) (e) of this rule as necessary to make the
determinations contained in
paragraphs (F)(1) to (F)(10)
paragraph (F) of this rule. Exposure unit
determinations shall consider current and future land use exposure scenarios in
accordance with paragraph (D)(3)(b) of rule
3745-300-09
of the Administrative Code, and sampling shall be appropriate for the exposure
scenario. All samples collected in accordance with this paragraph shall be
analyzed by a certified laboratory, and certified data provided, in order to
support the determinations.
(a) To determine
the concentrations of the chemicals of
concern
COCs in surface water, the
volunteer shall follow a sampling and analysis plan developed in accordance
with the following:
(i) Ohio EPA's "Biological
Criteria For the Protection of Aquatic Life: Volume II: User's Manual For
Biological Field Assessment Of Ohio Surface Waters."
(ii) Ohio EPA's "Manual of Ohio EPA
Surveillance Methods And
and Quality Assurance Practices."
(b) To determine the concentrations of the
chemicals of concern
COCs in sediments for the
purposes of comparing
to compare the
concentrations to the applicable standards identified in paragraphs (G) and (H)
of rule
3745-300-08
of the Administrative Code, the volunteer shall sample the sediments in the
identified areas in accordance with the procedures contained in the
Ohio EPA's
"Sediment Sampling Guide and Methodologies." The data collected shall be
analyzed by a certified laboratory to determine its
the representative
concentration or maximum concentration in the identified area.
For purposes of determining
To determine representative or maximum concentrations
in identified areas, the volunteer shall derive the concentrations in
accordance with paragraph (F)(6)(c) of this rule.
(c) To determine the concentrations of the
chemicals of concern
COCs in soil for the
purposes of demonstrating
to demonstrate
compliance with applicable standards, the samples collected shall be analyzed
by a certified laboratory, and certified data provided,
in order to determine the representative
concentrations or maximum concentrations of the chemicals of concern
COCs in the identified area or exposure unit.
For purposes of determining
To determine representative or maximum concentrations
of the chemicals of concern
COCs in identified areas or exposure units, the
volunteer shall do one of the following:
(i)
Derive the representative concentration by calculating the ninety-five per cent
upper confidence limit of the arithmetic mean. The ninety-five
percent
per
cent upper confidence limit of the arithmetic mean shall be calculated
for each data set. Data sets shall be comprised of a sufficient number and
quality of samples as to derive a normal, log-normal, or other applicable
frequency distribution. In addition to meeting the
requirements of
compliance with paragraph
(D) of this rule, the volunteer shall use techniques for sampling normal or
log-normal distributions based on appropriate equations
contained in U.S. EPA's "Calculating Upper
Confidence Limits for Exposure Point Concentrations at Hazardous Waste Sites,"
or by other peer-reviewed statistical methodology for normal or log-normal
distributions. Calculating the representative soil concentration using the
ninety-five per cent upper confidence limit is inappropriate for vapor
intrusion demonstrations.
(ii)
Derive the maximum concentration within the identified area
or exposure unit. The volunteer may use the
maximum concentration in the data set to represent the identified area
concentration, provided that a minimum of three or
more samples are collected and analyzed by a certified laboratory, and
certified data provided. The
the
volunteer shall
can reliably bias sampling activities both vertically
and laterally within the identified area or exposure
unit to the point of highest concentration. A sufficient number of
samples shall be collected in order to evaluate all source areas and exposures
for each receptor determined in accordance with paragraph (F)(1) of this
rule, provided that a minimum of three or more samples
are collected from each identified area and are analyzed by a certified
laboratory, and certified data are provided .
(iii) Derive the representative concentration
using the incremental sampling technique based on guidance provided in Mason's
"Preparation of Soil Sampling Protocols: Sampling Techniques and Strategies, " and Gerlach and
Nocerino's "Guidance for Obtaining Representative Laboratory Analytical
Subsamples from Particulate
Laboratory Samples
(d) To determine the concentrations of the
chemicals of concern
COCs in ground water for
the purposes of demonstrating
to
demonstrate compliance with applicable standards, the volunteer shall
perform sampling activities in compliance with the following criteria:
(i) The method of sample collection shall be
capable of producing ground water quality appropriate
for evaluating
to
evaluate the pathway of concern.
(ii) The volunteer shall collect a sufficient
number of samples to adequately characterize a representative concentration of
the chemicals of concern
COCs in ground water. In
determining
To determine the number and
timing of samples collected, the volunteer shall consider temporal variations
that could result in an exceedance of applicable standards. Temporal variations
include, but are not limited to the following:
(a) Seasonal variations
resulting
that
result in either increased or decreased recharge and thus fluctuations in
the water table elevation.
(b)
Other variations resulting
that result from the impact of geologic heterogeneity
(permeability, fractures, etc.),
or contaminant source heterogeneity, or the transient nature of contaminant
transport.
(iii) Sample
locations shall be appropriately located to evaluate all reasonably anticipated
pathways to ensure applicable standards will
shall not be
exceeded at the points of compliance or receptors based upon the following:
(a) The direction of ground water
flow.
(b) The size of the
plume.
(c) The date of the
release.
(d) Field screening
techniques and methods.
(e) Other
methods or information, as appropriate.
(iv) One or more sampling locations shall be
biased toward the location that is, or would be anticipated to be, the area of
highest concentration of chemicals of
concern
COCs . If sample locations cannot
be reliably biased towards the area of highest concentration, the volunteer
shall take samples from a number of additional sample locations sufficient to
determine the area of highest concentration.
(v) All samples collected in accordance with
this paragraph shall be analyzed by a certified laboratory.
(vi)
For purposes
of determining
To determine compliance
with applicable standards, the volunteer shall evaluate the data from each
location separately.
(vii) If it is
necessary to take a ground water sample directly beneath a source area, the
volunteer shall use methods for monitoring well installation, construction,
sampling, and maintenance that
will
shall not
cause cross-contamination between ground water zones.
(viii) Methods and procedures shall be
followed, according to their
the limitations and intended uses
of the methods and procedures , and based on
either of the following:
(a) Documents
containing
that
provide techniques for data collection, field testing, and sampling techniques which conform to the following:
(i) Are field-validated.
(ii) Are documented and
peer-reviewed.
(iii) Ensure the
representativeness of samples taken following the technique.
(iv) Are proven capable of achieving the data
quality objectives identified in paragraph (C) of this rule.
(b) Ohio EPA's "Technical Guidance
Manual for Hydrogeologic Investigations and Ground Water Monitoring." If any
portion of the "Technical Guidance Manual for Hydrogeologic Investigations and
Ground Water Monitoring" document would be inconsistent with the purpose of the
phase II property assessment and this chapter,
then that portion should not be used.
(e) To
determine the concentrations of the chemicals of
concern for a vapor intrusion exposure pathway to
COCs in either soil gas or indoor air,
for a demonstration of compliance with applicable
standards, the volunteer shall perform
conduct
sampling activities according to their limitations
and intended uses based on either of
in
compliance with the following criteria :
(i)
The method of
sample collection shall be capable of producing results appropriate to evaluate
the pathway of concern.
(ii)
The volunteer shall collect a sufficient number of
samples to adequately characterize a representative concentration of the COCs
in either soil gas or indoor air. To determine the number and timing of samples
to collect, the volunteer shall consider temporal variations including, but not
limited to, the following:
(a)
Temporal variations in the water table elevation, or
concentrations of hazardous substances or petroleum in ground
water.
(b)
Temporal variations that result from interior building
pressure changes as a result of the use or non-use of heating, ventilation, and
air conditioning (HVAC) systems during different heating and cooling
seasons.
(iii)
Sample locations shall be appropriate to evaluate all
current and reasonably anticipated exposure pathways. The volunteer shall
reasonably bias sampling activities in the identified area to the location that
is, or is reasonably anticipated to be, the area of highest concentration of
COCs. The selection of sample locations shall take under consideration the
following:
(a)
Distribution of COCs.
(b)
Building occupancy, including locations and
receptors.
(c)
Building partitions and the layout of HVAC
systems.
(d)
Preferential pathways, which may include, but are not
limited to, utility conduits, sumps, wall joints, and floor
openings.
(e)
Other variations that result from the impact of
geologic heterogeneity, such as permeability and fractures.
(f)
Other
information, as appropriate.
(iv)
All samples
collected in accordance with this paragraph shall be analyzed by a certified
laboratory.
(v)
Methods and procedures shall be followed, according to
the limitations and intended uses of such methods and procedures, and shall be
based on either of the following:
(i)(a) Documents
containing data collection, field testing, and
sampling techniques which conform to the following:
(a)
(i)
Are
The data collection, field testing, and sampling techniques
are field-validated.
(b)
(ii)
Are
The data
collection, field testing, and sampling techniques are documented and
peer-reviewed.
(c)
(iii)
Ensure
The data collection, field testing, and sampling techniques
ensure the representativeness of samples taken following
when the
technique
techniques
are followed .
(d)
(iv)
Are
The data collection, field testing, and sampling techniques
are proven capable of achieving the data quality objectives identified in
paragraph (C) of this rule.
(ii)(b) Ohio EPA's
"Vapor Intrusion to Indoor Air - Sample Collection
and Evaluation for the Remedial Response and Voluntary Action Programs
guidance document regarding sample collection and
evaluation of vapor intrusion to indoor air ."
(f) Non-intrusive or indirect field testing
may be used to assist in selecting
the selection of sampling locations, but these
techniques shall not be used to demonstrate that concentrations of concern meet
or exceed applicable standards.
(7) Classify the ground water. To classify
ground water zones in accordance with paragraphs (A) and (B) of rule
3745-300-10
of the Administrative Code, the volunteer shall conduct the following data
collection activities:
(a) The volunteer shall
determine if the ground water zone is being used. To make the determination,
the volunteer shall, at a minimum, shall do the following:
(i) Identify any visual evidence of ground
water use in areas where ground water has or is reasonably anticipated to have
concentrations of chemicals of concern
COCs in excess of unrestricted potable use
standards.
(ii) Review Ohio
department of natural resources water well log information for the properties
on which ground water contains or is reasonably anticipated to contain
concentrations of chemicals of concern
COCs in excess of unrestricted potable use
standards.
(b)
For the purpose of determining
To determine that the yield of a ground water zone
falls below the criterion for critical resource ground water,
as described in paragraph (B)(1) of rule
3745-300-10
of the Administrative Code, the yield of the ground water zone shall be based
on one or more of the following sources of information or methods:
(i) The ground water resource maps published
by the Ohio department of natural resources or other published and verified
data for the ground water zone being classified.
(ii) Determined from a sufficient number of
properly developed wells constructed to the minimum standards of an eight-inch
diameter manufactured screen in a twelve-inch diameter borehole, in accordance
with paragraph (F)(8) of this rule. The well screen shall extend through at
least eighty per cent of the thickness of the ground water zone,
or the volunteer shall otherwise demonstrate that shorter screen lengths would
not produce yield resulting
that results
in a different classification of the ground water.
(c)
For the
purpose of determining
To determine that
the yield of a ground water zone falls below the criteria for
"class A" ground water in paragraph (B)(2) of rule
3745-300-10
of the Administrative Code, the yield of the ground water zone being classified
shall be determined in accordance with paragraph (F)(8) of this rule and
shall conform to the following:
(i) For an unconsolidated ground water zone,
a determination of yield based on a sufficient number of properly developed
wells, that are constructed to the minimum standards of a four-inch diameter
manufactured screen in an eight-inch diameter borehole or a two-inch diameter
manufactured screen in a six-inch diameter borehole. When wells with dimensions
of a two-inch diameter manufactured screen in a six-inch diameter borehole are
used to determine yield, the yield shall be multiplied by a factor of
1.15 for purposes of this
paragraph. The well screen shall extend through at least eighty per cent of the
thickness of the ground water zone, or the
volunteer shall otherwise demonstrate that shorter intake lengths would not
produce yield resulting
that results in a different classification of the
ground water.
(ii) For a
consolidated ground water zone that is monitored using wells with screens, a
determination of yield based on a sufficient number of properly developed
wells, that are constructed to the minimum of a four-inch diameter manufactured
screen in an eight-inch diameter borehole or a two-inch diameter manufactured
screen in a six-inch diameter borehole. When wells with dimensions of a
two-inch diameter manufactured screen in a six-inch diameter borehole are used
to determine yield, the yield shall be multiplied by a factor of
1.15 for purposes of this
paragraph. The well screen shall extend through at least eighty per cent of the
thickness of the saturated portion of the ground water zone, or the volunteer shall otherwise demonstrate that
shorter intake lengths would not produce yield resulting
that results
in a different classification of the ground water.
(iii) For a consolidated ground water zone
that is monitored using wells with open hole intakes, a determination of yield
based on a sufficient number of wells that are properly constructed and
developed to appropriate minimum standards of an eight-inch diameter borehole
or a six-inch diameter borehole. When wells with a six-inch diameter borehole
are used to determine yield, the yield shall be multiplied by a factor of
1.15 for purposes of this
paragraph. The open hole intakes shall extend through at least eighty
percent
per
cent of the thickness of the ground water zone, or the volunteer shall otherwise demonstrate that
shorter intake lengths would not produce yield resulting
that results
in a different classification of the ground water.
(d)
For the
purpose of comparing
To compare the yield
of the ground water zone being classified to another ground water zone present
below the property in accordance with the criterion
of paragraph (B)(2)(c) of rule
3745-300-10
of the Administrative Code, the yield of the other ground water zone, which is
the likely source of water used for potable purposes within one mile of the
property, shall be determined based on the lowest yield of any wells within one
mile of the property. If no wells used for potable purposes exist within one
mile of the property, the ground water resources maps published by the Ohio
department of natural resources may be used to determine the yield of another
ground water zone present under the property, which would likely be the source
of water used for potable purposes within one mile of the property should a
well be developed.
(8)
Determination of ground water yield. Whenever
When testing
is conducted
for purposes of
determining
criteria:
(a) Temporal considerations. The volunteer
shall demonstrate either of the following:
(i) The statistical average yield for the
ground water zone over a twelve month
twelve-month period.
(ii) The maximum yield for the ground water
zone, provided that yield tests are biased towards the period of the highest
yield.
(b) Spatial
considerations. The volunteer shall bias the yield testing locations to the
area of highest yield.
(9) Determination of ground water source areas. To determine whether ground
water contamination is attributable to source areas located on the property,
source areas located off the property, or a combination of the two, the
volunteer shall conduct ground water sampling sufficient to determine the
following:
(a) The releases from source areas
located on the property that contribute or contributed to the
chemicals of concern
COCs in excess of unrestricted potable use standards
in ground water.
(b) The extent to
which releases from on-property source areas have affected the ground
water.
(c) If releases from
off-property source areas may have affected the ground water .
(d)
The extent to which releases from off-property source areas have affected the
ground water.
(e) Compliance with
rule
3745-300-10
of the Administrative Code.
(10) Determination of contaminant
pass-through provision. When a release from an off-property source area has
affected the property, the volunteer is not responsible for compliance of
applicable standards at or beyond the property boundary due to the excess
contribution of chemicals of concern
COCs caused by the off-property release, except when
any of the following apply:
(a) The owner of
the voluntary action property was an owner or operator of any property, other
than the voluntary action property, where any source area was located during
the owner's ownership of or operation on any such property, and hazardous
substances or petroleum have emanated from the off-property source area onto
the voluntary action property.
(b)
The volunteer, or owner if different from the volunteer, caused or contributed
to the source areas or the off-property release.
(c) The volunteer, or owner if different from
the volunteer, has entered into an agreement with any person with the purpose
or effect of creating a less stringent applicable standard than would otherwise
be applicable in this rule.
(d) The
volunteer is a parent, subsidiary, or other commonly owned entity of any party
identified in paragraphs (F)(10)(a) to (F)(10)(c) of this rule.
(G) Use of modeling.
(3)
(4) The modeling shall adequately address the intended
purpose of the modeling evaluation, such as to show compliance with applicable
standards or to evaluate remedial activities conducted in accordance with rule
3745-300-11 of the
Administrative Code. Depending on the intended purpose of the modeling
evaluation or type of model, the model may need to be calibrated to the
geologic, hydrogeologic, or physical conditions throughout the modeled area.
The model may need to be field-verified to determine if favorable comparisons
exist between the modeled conditions and observed field conditions for the area
being modeled. In some cases, field verification
may require monitoring and evaluation under an operation and maintenance
plan.
(4)
(5) The modeling shall be evaluated to determine
its
the
sensitivity of the model to the input parameters
or other components of the model (for example, boundary conditions). The
volunteer shall consider the sensitivity of the input parameters when
utilizing a model is utilized to determine whether a property meets the
applicable standards, or when
evaluating remedial activities conducted in
accordance with rule
3745-300-11 of the
Administrative Code are evaluated . Input
parameters or other components of the model determined to be sensitive to the
modeling results shall conform to
be either of the following:
(1) The volunteer shall identify all models
relied upon as part of the phase II property assessment activities to determine
a property's compliance with applicable standards or used to evaluate remedial
activities conducted in accordance with rule
3745-300-11 of the
Administrative Code. The modeling shall be conducted in accordance with this
rule.
(2) The model shall conform
to the following criteria:
(a)
Be
The model shall be
either of the following:
(i) Generally
accepted within the scientific community and peer reviewed.
(ii) Scientifically valid for the processes
being modeled and code-verified. To be code-verified, the model shall be shown
to produce reliable and mathematically accurate results for all functions of
the model.
(b)
Be
The model shall
be used with assumptions and limitations reasonably consistent with
conditions throughout the modeled area. The assumptions and limitations of the
computer code, mathematical solution, technology utilized and computer code
structure shall be consistent with the conditions throughout the modeled area
and the application of the model.
(c)
Be
The model shall be
used in a manner consistent with the model's documentation and intended
use.
(d)
Be
The model shall be
appropriate for the environmental media and application being
modeled.
(3)
Uses and limitations of modeling:
(a)
A model may be
used as a predictive tool to support a demonstration of ongoing compliance with
applicable standards, or to evaluate whether an exposure pathway is reasonably
anticipated to be complete, subject to appropriate calibration and field
verification.
(b)
A model may not be used in lieu of conducting
sufficient sampling of environmental media in accordance with paragraph (E)(5)
of this rule to document existing environmental conditions.
(a)
Be
based
Based on scientifically-valid
conservative assumptions. The inputs shall be based on property-specific data,
or information from peer-reviewed literature and best professional
judgment.
(b)
Be accounted
Accounted for through an uncertainty analysis to
quantitatively determine compliance with applicable standards or to evaluate
remedial activities conducted in accordance with rule
3745-300-11 of the
Administrative Code. The inputs for the uncertainty analysis shall be based on
the following:
(i) Property-specific data
collected in accordance with this rule .
(ii) Scientifically-valid and appropriate
assumptions using either best professional -judgment or information from peer-reviewed
scientific literature or publications.
(5)
addressing
(G)(4)
it
(H) Determination of background levels.
Background levels may be used as the applicable standard after
demonstrating
a
demonstration is made that the chemicals of
concern
COCs are not the result of
current or past activities involving
that involve the treatment, storage, or disposal of a
hazardous substance or petroleum. The volunteer shall provide a demonstration
as part of paragraph (J)(8) of this rule that chemicals of concern
COCs for which a background determination is being
made meet the requirements of
comply with this paragraph. Background levels that are
determined in accordance with this paragraph are considered applicable
standards under this rule.
(1) Background
levels in soil. If the background levels, as determined in accordance with this
rule, for a chemical of concern
COC do not meet the applicable standard derived for
the property in accordance with rule
3745-300-08
or
3745-300-09
of the Administrative Code, the volunteer can select, as the applicable
standard, a comparison demonstrating
that demonstrates that the concentration of any such
chemical of concern
COC on the property is at or below background levels.
(a)
When
determining
To determine background
levels in soils, the samples shall be taken in soil media native to the
property and may not be taken in areas identified in paragraph (H)(1)(b) of
this rule. Native fill may be used for
determining
to determine background
levels when the native fill was not moved from or is not currently in an area
described in paragraph (H) (1)(b) of this rule. If no areas on a property are
appropriate under this rule to sample for background, to determine background
levels, the volunteer may collect samples from a nearby, representative
off-property location which would meet the
requirements of
comply with this
paragraph or refer to an appropriate Ohio EPA
"Evaluation of Background Metal Soil Concentrations" summary
report .
(b) The following
areas are inappropriate to sample when
determining
to determine background
levels:
(i) The following types of fill
areas:
(a) Engineered fill.
(b) Structural fill.
(c) Industrial fill.
(ii) Areas in which management, treatment,
handling, storage, or disposal activities of any
of the following are known or suspected to have occurred:
(a) Hazardous substances or
petroleum.
(b) Solid or hazardous
wastes.
(c) Waste waters.
(d) Material handling areas.
(iii) Areas within three feet of a
roadway. This restriction only applies
only when the chemicals of concern
a
COC is one that normally would
normally be associated with the activities
conducted on the roadway.
[Comment: For example, a volunteer
may not sample within three feet of a roadway when the volunteer is trying to
determine a background level for lead.]
(iv) Parking lots and areas surrounding
parking lots or other paved areas. This restriction only applies only
when the chemicals of concern
COC is one that normally
would normally be associated with the
activities conducted in the parking lots.
(v) Railroad tracks or railway areas or other
areas affected by their runoff
from railroad tracks or railway areas . This
restriction only applies
only when the chemicals of concern
COCs are those that normally
would normally be associated with
the activities conducted on or around the railroad tracks.
(vi) Areas of concentrated air pollutant
depositions or areas affected by their
runoff from the areas of concentrated air pollution
depositions .
(vii) Storm
drains or ditches that presently
receive or historically
receiving
received industrial or urban runoff.
(viii) Spill areas.
(c) Background levels shall be representative
of the zones or depth intervals to which the background levels may be
applied.
(d) The following method
shall be followed to determine a representative numerical value for background
levels in soils at a property:
(i)
Collecting
Collection of background level samples. At a minimum,
eight soil sampling points shall be taken
used to
represent
calculate a background level within each zone, or soil
horizon which will
shall be compared to samples taken to determine the
concentrations of chemicals of concern
COCs in identified areas.
(ii)
Determining
Determination
of the numerical value for background concentrations for
chemicals of concern
COCs at the property. The volunteer may use any
statistically valid methodology to determine a background concentration whereby
the statistical means of the distribution of background and the impacted area
datasets
data sets
are compared. The volunteer may refer to U.S. EPA's "Guidance for
Comparing Background and Chemical Concentrations in Soil for CERCLA sites" and
U.S. EPA's "Statistical Methods for Evaluating
the Attainment of Cleanup Standards" for guidance. Alternatively, a statistical
method that may be applied to establish background concentrations is as
follows:
(a) The background mean, referred to
as:
Click to view image
shall be calculated by dividing the sum of the total background readings by the total number of background readings:
Click to view image
(b)
The background standard deviation, referred to as: Sb shall be calculated by taking the square root
of the sum of the squares of each reading minus the mean, divided by the
degrees of freedom, which is the total number of background samples minus one
(nb- 1):
Click to view image
(c)
The coefficient of variation, referred to as "Cv
" shall be calculated by dividing the background
standard deviation by the background mean:
Click to view image
Click to view image
The coefficient of variation is used as a means to evaluate the
data distribution. Normally distributed background data should generally have
"C" less than 0.5 for granular soils, and less than
0.75 for cohesive soils, or an explanation accounting for higher
"C" values. If the "C" exceeds 1.0 and the volunteer determines that the
data are not distributed normally, the data may be normalized by an appropriate
transformation and a maximum allowable limit may be calculated for the
transformed data in accordance with paragraph (H)(1)(d)(ii)(d) of this rule. If
"C" exceeds 1.0then the volunteer shall conduct a thorough
evaluation to account for this variability. If the "C" exceeds 1.0 and the volunteer determines that a
data point does not accurately represent background conditions or if a quality
assurance and quality control problem exists which has invalidated the data
point, the invalidated and inaccurate data points may be dropped, or additional
samples shall be collected and analyzed to ensure a sufficient representative
data population is maintained.
(d) For normally distributed data apply:
Click to view image
Click to view image
of background data as the maximum allowable limit or upper
limit, where 2 x Sb represents
Click to view image
represents the background mean.
Each sample point from the background
dataset
dataset
it
(2) Determination of soil background levels
from off-property investigations. Upon demonstration that it is not possible to
find sampling locations in accordance with paragraph (H)(1) of this rule, the
volunteer may use information from off-property investigations in accordance
with this paragraph to determine the background concentrations of
chemicals of concern
COCs at the property. When
evaluating
To evaluate the applicability
of the data collected as part of the off-property investigation, the criteria
contained in paragraphs (H)(1) (b) and
(H)(1)(c) of this rule shall be satisfied in
order to consider the data as potentially applicable
for determining
to
determine background levels in soils for the purposes of this rule.
In addition, if
If the information is not representative of conditions
at the property, the volunteer cannot
may not use this method to demonstrate background
levels in soil. Appropriate off-property investigations that may be used for
the purposes of this paragraph include investigations
using
that
user data demonstrated to be reliable and representative of background
levels for the property. At a minimum, to be reliable and representative, the
investigations shall conform to
do the following:
(a)
Be
Investigations shall
be conducted on soil that is representative of the soil type at the
property for which the background level is being determined and are located
within the state of Ohio.
(b)
Employ
Investigations shall employ data demonstrated to be
reliable and representative that, at a
minimum, meet the following criteria.
:
(i) Employ data quality objectives consistent
with paragraph (C) of this rule.
(ii) Employ quality assurance and quality
control procedures that serve to minimize sources of error and the potential
for cross contamination of field samples, and that maximize the representativeness of the data
collected.
(iii) Employ data
collection and sampling techniques that are consistent with the criteria listed
in paragraphs (D)(1) to (D)(4)
(D)(3) of this rule.
(c) Employ methods for calculating
to
calculate background levels consistent with the methods described in
paragraph (H)(1)(d) of this rule or otherwise use methods that are demonstrated
to be statistically verifiable.
[Comment: Appropriate investigations
may include: peer-reviewed information; research reports generated or sponsored
by local, state, or federal agencies; or college or university research reports
including theses and dissertations.]
(3) Ground water background levels.
(a) Property-specific determination of ground
water background levels. If the background levels, as determined in accordance
with this rule, for a chemical of
concern
COC do not meet the applicable
standard derived for the property in accordance with rule
3745-300-08
or
3745-300-09
of the Administrative Code, the volunteer can select, as the applicable
standard, a comparison demonstrating
that demonstrates that the concentration of any such
chemical of concern
COC on the property is at or below background levels.
To determine background levels in ground water, samples shall be taken
up-gradient at appropriate locations and depths which are unaffected by
anthropogenic sources of contamination
from activities involving treatment, storage or
disposal of hazardous substances or petroleum . Background sampling points
may include points not hydraulically up-gradient of the identified areas where
either of the following occurs:
(i)
Hydrogeologic conditions do not allow the volunteer to determine which
direction is hydraulically up-gradient.
(ii) Sampling at other points
will provide
provides an indication of background ground water
quality that is representative or more representative than that provided by the
up-gradient points.
(b)
The number and kind of samples collected to establish background in ground
water shall meet the following criteria:
(i)
Be appropriate for the method used for
determining
to determine whether
concentrations of chemicals of concern
COCs exceed background, following generally accepted
principles.
(ii) As large as
necessary to ensure with reasonable confidence that a contaminant release to
the ground water from a property will
shall be detected.
(c) The method chosen shall be applied
separately for each chemical of concern
COC and shall comply with the following performance
standards:
(i) Capable of accounting for data
below the limit of detection using the lowest practical quantitation limit that
can be reliably achieved within specified limits of precision and accuracy
during routine laboratory operating conditions that are available to the
volunteer. The practical quantitation limit shall be below the potable ground
water standard.
(ii)
Contain
Provide procedures to control or correct for seasonal
and spatial variability as well as temporal correlation in the data.
(iii)
Should
If a
statistical method be
is chosen, the method shall be appropriate for the
distribution of chemical parameters or hazardous constituents. If the
distribution is shown to be inappropriate for a normal theory test, then the
data shall be transformed or a distribution-free theory test shall be used. If
the distributions for the chemicals of
concern
COCs differ, more than one
statistical method may be needed.
(iv) Complies with the performance standards
set
provided
in U.S EPA's "Statistical Analysis of Ground Water Monitoring Data at RCRA
Facilities: Addendum to the Interim
Final
Unified Guidance."
(4) Determination of
ground water background levels from off-property investigations. Upon a
demonstration that it is not possible to find sampling locations in accordance
with paragraph (H)(3) of this rule, the volunteer may use information from
off-property investigations in accordance with this paragraph to determine the
background concentrations of chemicals of
concern
COCs at the property.
When evaluating
To
evaluate the applicability of the data collected as part of the
off-property investigation, the criteria
contained in paragraphs
(H)(3)(b) and (H)(3)(c) of this rule shall be satisfied in order to consider
the data as potentially applicable for
determining
In addition, if
cannot
using
(a) Be conducted on soils and ground waters
representative of the soil type, ground water conditions, and ground water zone
at the property for which the background level is being determined and are
located within or immediately adjacent to the state of Ohio.
(b) Employ data demonstrated to be reliable
and representative and at a minimum meet the following criteria.
:
(i) Employ data quality objectives consistent
with paragraph (C) of this rule.
(ii) Employ quality assurance and quality
control procedures that serve to minimize sources of error and the potential
for cross contamination of field samples, and maximize the representativeness
of the data collected.
(iii) Employ
data collection and sampling techniques that are consistent with the criteria
listed in paragraphs (D)(1) to (D)(4)
(D)(3) of this rule.
(c) Employ methods for calculating
to
calculate background levels that are demonstrated to be statistically
verifiable.
[Comment: Appropriate investigations
may include: information from the Ohio EPA division of drinking and ground
water regarding ambient ground water quality monitoring; peer-reviewed
information; research reports generated or sponsored by local, state, or
federal agencies; or college or university research reports including theses
and dissertations.]
(5) If background levels in soil or ground
water cannot be determined using paragraphs (H)(1) to (H)(4) of this rule,
background levels cannot
may not be used as the applicable standards for either
the soil or ground water.
(I) Demonstration of compliance with
applicable standards.
(1) Data collection. The
data collected in accordance with this rule shall be sufficient to determine
whether applicable standards are met, or to
determine that remedial activities conducted in accordance with rule
3745-300-11 of the
Administrative Code result in compliance with applicable standards.
Data shall be sufficient to assess existing exposure
pathways and reasonably anticipated exposure pathways determined to be complete
in accordance with paragraph (F)(1) of this rule and all points of compliance
for soil, ground water, and other environmental media, including the
following:
Data shall be sufficient to assess
existing exposure pathways and reasonably anticipated exposure pathways
determined to be complete in accordance with paragraph (F)(1) of this rule and
all points of compliance for soil, ground water, and other environmental media,
including the following:
(a)
Points of compliance for soil.
(i) Applicable
standards based on direct-contact with soils. A volunteer shall meet and
maintain compliance with the direct-contact soil standards to the following
minimum soil depths:
(a) For properties
having
that
have unrestricted land use or unrestricted residential land use, the
point of compliance for applicable standards is from the ground surface to a
minimum depth of ten feet. The volunteer shall comply with applicable standards
at depths below ten feet when soil may be made available for direct-contact
through circumstances other than those specified in paragraph (I)(1)(a)(i)(c)
of this rule. In these scenarios, the applicable point
of compliance extends from the ground surface to the maximum depth of
reasonably anticipated activities.
The volunteer shall also comply with
applicable standards at depths greater than ten feet when soils may be made
available for chronic, direct-contact exposure through excavation, grading,
utilities maintenance or other similar circumstances. In these scenarios, the
applicable point of compliance extends from the ground surface to the maximum
depth of reasonably anticipated activities.
(b) For properties having
that have
institutional controls that limit a property's land use, and where the institutional controls
have been
are
implemented in accordance with rule
3745-300-11 of the
Administrative Code, the point of compliance for applicable standards is from
the ground surface to a minimum depth of two feet. The volunteer shall comply
with applicable standards at depths below two feet when soil may be made
available for direct-contact through circumstances other than those specified
in paragraph (I)(1)(a)(i)(c) of this rule. The volunteer shall
also comply with applicable standards at
depths greater than two feet when soil may be made available for chronic,
direct-contact exposure through excavation, grading, utilities maintenance, or other similar circumstances such as when soil
below two feet is brought to the surface and left on the surface or otherwise
incorporated into the soil remaining
that remains within the two
foot
two-foot point of
compliance.
(c) For properties
where excavation, grading, or other construction activities may occur on the
property, the volunteer shall comply with
applicable soil standards for such excavation
or construction activities. The point of compliance for applicable
standards is from the ground surface to a minimum depth equal to the maximum
depth of excavation
construction activities at the property.
[Comment: Applicable standards for
excavation or construction activities can be either generic direct-contact soil
standards for excavation construction activities, standards derived using a
property-specific risk assessment, or background levels determined in
accordance with paragraph (H) of this rule.]
(ii) Applicable soil standards
based on leaching of chemicals of
concern
COCs from soils to ground water.
The point of compliance for applicable soil standards based on leaching of
chemicals of concern from soils to ground water, when such leaching shall be
prevented in accordance with paragraph (D) of rule
3745-300-10
of the Administrative Code, is the depth from the ground surface to the top of
the ground water zone requiring
that requires protection in accordance with paragraphs
(F)(3) and (F)(4) of this rule.
(iii) Applicable soil standards based on
other identified complete exposure pathways. The point of compliance for
applicable soil standards developed pursuant to rule
3745-300-08
or
3745-300-09
of the Administrative Code for complete exposure pathways identified in
paragraph (F)(1) of this rule, other than those identified in paragraphs
(I)(1)(a)(i) and (I)(1)(a)(ii) of this rule, shall be determined so that the
exposure to receptors is appropriately addressed.
[Comment: Other identified complete
exposure pathways for chemicals of concern in soil to receptor populations may
include but are not limited to volatile emissions of chemicals of concern in
soil to indoor air or the migration of chemicals of concern in soil to surface
water or sediments.]
(b) Points of compliance for ground water.
The points of compliance for each ground water zone on, underlying, or emanating from a property shall be determined
for nonpotable exposure pathways determined in
accordance with paragraph (F)(1) of this rule, and in accordance with
paragraphs (D) and (E) of rule
3745-300-10
of the Administrative Code.
(c)
Points of compliance for other environmental media. The points of compliance
for each complete exposure pathway identified in paragraph (F)(1) of this rule
for each environmental medium other than those identified in paragraphs
(I)(1)(a) and (I)(1)(b) of this rule, shall
be determined in accordance with the procedures
in rule
3745-300-08
or
3745-300-09
of the Administrative Code.
(2) Data analysis. The volunteer shall verify
the assumptions and applicability of models, statistical methods, or any other
data analysis methods used for
determining
to determine compliance with
applicable standards, determining
to determine the concentration of
chemicals of concern
COCs , deriving
to derive applicable standards, or
demonstrating
to
demonstrate the effectiveness of a remedial activity. At a minimum, the
following shall be demonstrated:
(a) Models
were used in accordance with paragraph (G) of this rule.
(b) Statistical methods used are appropriate
and valid for their
the intended use of the
statistical methods .
(c)
Adjustment of applicable standards for multiple chemicals of concern
COCs was conducted in accordance with rules
3745-300-08
and
3745-300-09
of the Administrative Code, if applicable. All final cumulative human health
carcinogenic risk and non-carcinogenic hazard levels are based on one
significant figure.
(d) If
non-certified laboratory data or studies not conducted in accordance with this
rule are used to partially meet the requirements
of
comply with this rule, the data shall
be confirmed in accordance with paragraphs (E)(1)(d) (iii) of this rule. The
volunteer shall demonstrate in the phase II property assessment report how the
non-certified laboratory data was confirmed using certified data.
(e) If applicable standards were not
determined for chemicals of concern
COCs
on the property because the chemicals of concern
(3) Compliance with applicable standards.
(a) The volunteer shall verify compliance
with applicable standards for all current exposure pathways and reasonably
anticipated exposure pathways determined to be complete in accordance with the
procedures described in paragraph (F)(1) of this rule, or the volunteer shall
implement a remedy pursuant to paragraph (I)(4)(b) of this rule.
The volunteer may make a determination of compliance
with applicable standards at any time during the voluntary action including and
through assessment and remedial activity implementation.
(b) To verify compliance with applicable
standards, the volunteer shall compare the concentration of each
chemical of concern
COC determined in accordance with paragraph (F)(6) of
this rule to the applicable standard identified in paragraph
(D)(2)(d) or (F)(5) of this rule. Compliance with
an applicable standard is verified if the concentration of each
chemical of concern
COC does not exceed the applicable standard. All final
cumulative human health carcinogenic risk and non-carcinogenic hazard levels
are based on one significant figure.
(c) Applicable standards may include but are
not limited to standards derived from generic numerical standards, background
levels determined in accordance with paragraph (H) of this rule, a
property-specific risk assessment, or a combination of these standards. If
generic direct-contact soil standards for a restricted land use are used to
meet applicable standards, institutional controls shall be used to limit the
property's land use as described in paragraph (I) of this rule and paragraph
(C)(2) (c) of rule
3745-300-08
of the Administrative Code. The institutional controls shall be implemented in
accordance with rule
3745-300-11 of the
Administrative Code.
(4)
Implementation of remedial activities.
(a) If
concentrations of chemicals of concern
COCs exceed applicable standards for any existing
exposure pathway or reasonably anticipated exposure pathway determined to be
complete in accordance with paragraph (F)(1) of this rule, the volunteer shall
implement a remedy in accordance with rule
3745-300-11 of the
Administrative Code. If the applicable points of compliance for environmental
media at the property cannot be met or maintained, the volunteer shall
implement a remedy in accordance with rule
3745-300-11 of the
Administrative Code.
(b) If
compliance with applicable standards cannot be determined or is not determined
for an existing exposure pathway or reasonably anticipated exposure pathway
determined to be complete in accordance with paragraph (F)(1) of this rule, the
volunteer shall implement a remedy in accordance with rule
3745-300-11 of the
Administrative Code. The volunteer may make a
determination of compliance with applicable standards at any time during the
voluntary action including and up through assessment and remedial activity
implementation. The volunteer shall demonstrate that the remedy
renders the pathway incomplete as to all potential receptors and that all
points of compliance as specified in
paragraph (I)(1) of this rule have been
are addressed.
(5) In cases where applicable standards
have
were not
been derived, the applicable standards
consist of the standards for each complete exposure pathway identified based on
paragraph (F)(1) of this rule and allowable land uses, at the points of compliance identified
consistent
in
accordance with paragraph (I)(1) of this rule that met the requirements of rule
3745-300-08
or
3745-300-09
of the Administrative Code at the time of issuance of the no further action
letter .
(J) A
volunteer shall complete a phase II property assessment written report
that is in a format
prescribed by the
that is acceptable to Ohio EPA.
and
At a minimum, the report shall include
at a minimum the following
information:
(1) An introduction
identifying
that
identifies the property, including the legal description of the
property;
,
the dates over which the phase I property assessment and the phase II property
assessment were conducted and the date that the written report for each was
finalized;
,
and the name and job title of each person conducting
who
conducted the phase II property assessment.
(2) A summary of any amendment to the phase I
property assessment required by paragraph (E)(1) of this rule.
(3) A statement of the limitations or
qualifications, if any, which impact the phase II property assessment.
(4) A graphic or written
representation of the conceptual site model that describes the relationships
between contaminants, transport media, and
receptors at the time of the no further action letter issuance, consistent with
paragraph (C) of this rule.
(5) A
summary of the sampling procedures employed in accordance with paragraph (D) of
this rule and the rationale for the sampling and testing activities conducted
in accordance with the requirements of this
rule.
(6) A summary of the data
collection activities conducted under paragraph (E) of this rule, the data
collected as a result of these activities, and a determination of the data
usability based on the quality control information. The summary
should
shall
include a discussion noting if
that notes whether the data meets
meet the data
quality objectives as required by paragraph
(C) of this rule.
(7) A summary of
the determinations made under paragraphs (F)(1) to (F)(10) of this rule, and a summary of the rationale for the
determinations made under paragraphs (F)(1) to (F)(10) of this rule.
(8) A summary of the background determination
activities, if any, conducted under paragraph (H) of this rule.
(9) A summary of any models used in
accordance with paragraph (G) of this rule and inclusion of the documentation
required by paragraph (G)(5)
(G)(6) of this rule.
(10) If an urban setting designation is
being relied upon in part to address
potable use
pathway(s)
(11) If a property-specific risk assessment
was conducted to derive applicable standards, a copy of the written risk
assessment report shall be attached to or included in a section of the phase II
property assessment report.
(12) A
summary of any remedial activities implemented prior to the issuance of the no
further action letter as required by
paragraph (I)(4) of this rule.
(13)
A discussion of whether the property complies with applicable standards for
each exposure pathway, and whether remedial activities
have been
were
or are being implemented to meet or
maintain applicable standards in accordance with rule
3745-300-11 of the
Administrative Code, and a summary of the applicable standards demonstration
conducted in accordance with paragraph (I) of this rule.
(14) The following property maps and
cross-sections, as applicable:
(a) Maps
indicating
that
indicate the locations of all borings, monitoring wells, or other
sampling locations.
(b) Maps
depicting
that
depict the existing topography with a contour interval of no greater than
five feet and delineates on or adjacent to the property any existing streams,
swamps, lakes, springs, or other surface water features.
(c) Geologic cross-sections
representing
that
represent the subsurface geologic and hydrogeologic conditions underlying
the property, including all ground water zones
evaluated during the phase II property assessment.
(d) Property maps indicating
that
indicate the locations of the identified areas and exposure units at the
property, and the concentration and physical distribution of the
chemicals of concern
COCs identified in environmental media.
(e) Maps showing
that indicate
the portions of the property where remedial activities
have been
were
implemented pursuant to rule
3745-300-11 of the
Administrative Code, including the institutional controls, risk mitigation
measures, and engineering controls. If a remedial activity does not apply to
the entire property, include a plat showing
that shows the
boundary survey of the portion of the property to which the remedial activity
applies. The survey plat shall be completed (signed and sealed) by a
professional surveyor under Ohio law. The survey plat may be included in the
operation and maintenance plan, risk mitigation plan, or environmental
covenant, as applicable, written pursuant to rule
3745-300-11 of the
Administrative Code, instead of including
it in the phase II property assessment report.
(15) A bibliography of references which
identifies, to the extent available, the description, date, source, and
location of the documents reviewed as part of the phase II property
assessment, and the identification of all
laboratories that performed analyses as part of the phase II property
assessment.
(16) Appendices for
appropriate supporting documentation.
Notes
Promulgated Under: 119.03
Statutory Authority: 3746.04
Rule Amplifies: 3746.06, 3746.10
Prior Effective Dates: 12/16/1996, 10/21/2002, 03/01/2009, 04/23/2012, 08/01/2014, 05/26/2016
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