[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 rule
3745-300-15 of the
Administrative Code titled "Incorporation by reference - voluntary action
program."]
(A) Generic numerical
standards.
(1) Applicability.
(a) Generic numerical standards listed in
this rule for hazardous substances and petroleum may be used to demonstrate
compliance with applicable standards provided the exposure scenario for the
property comports with land use and activity patterns used to derive the
generic numerical standard. Generic numerical standards are provided for
complete exposure pathways to petroleum releases [paragraph (B) of this rule],
direct contact
direct-contact with hazardous substances in soil
[paragraph (C) of this rule], indoor air exposure due to vapor intrusion from
environmental media to human receptors [paragraph (D)
(C)(4) of this
rule], unrestricted potable use for hazardous substances in ground water
[paragraph (E)
(D) of this rule], and complete exposure pathways to human and
ecological receptors from surface water and sediment [paragraphs
(F), (G), and
(H), and (I) of this rule]. The appendices
to this rule provide the generic numerical standards.
(b)
If complete
exposure pathways exist on a property that are not considered in the
development of a generic numerical standard listed in this rule, or if a
generic numerical standard is not listed for chemicals of concern (COCs) on a
property, applicable
Applicable standards
shall be derived in accordance with rule
3745-300-09 of the
Administrative Code
if the criteria in paragraphs
(A)(2) and (A)(3) of rule
3745-300-09 of the
Administrative Code are met. Demonstration of compliance with
applicable
standards at a
property may be made with a combination of generic numerical
standards in accordance with this rule and standards developed through a
property-specific risk assessment in accordance with rule
3745-300-09 of the
Administrative Code or any other
applicable standards.
(c) If radioactive materials are identified
at a property, the property may be subject to the Atomic Energy Act and
regulations adopted thereunder and Chapters 3701. and 3747. of the Revised Code
and rules adopted thereunder. If radionuclides or radioactive materials are
present at a property, the volunteer shall contact the Ohio department of
health's bureau of environmental health and radiation protection regarding the
cleanup of the radionuclides or radioactive material. Remedy approval by the
Ohio department of health shall be
is considered sufficient to meet applicable standards
for radionuclides or radioactive materials for the voluntary action and may be
considered a generic numerical standard.
(2) Assumptions. The following assumptions
apply for all generic numerical standards except for the generic
direct contact
direct-contact soil standards for
petroleum described
in paragraph (B) of this rule,
direct
contact
direct-contact soil standards for
lead described in paragraph
(C)(3)(e)
(C)(3)(a)(v) of this rule, the generic unrestricted
potable use standards based on maximum contaminant levels or other regulatory
established criteria described in paragraph
(E)
(D) of this rule,
and potable use standards for
petroleum described in paragraph
(E)(3)
(D)(3)(a) of this rule:
(a) Single chemical. The generic numerical
standards assume a single COC is present within an
identified area.
(i)
The single
chemical generic standards in this rule are based on
Hazardous substances shall not exceed the following
risk and hazard levels:
(a)
For
The single
chemical generic standards for hazardous substances that have
carcinogenic effects, the chemical-specific
carcinogenic risk shall not exceed
are based
on a cancer risk level of one excess cancer in a population of one
hundred thousand (1 x 10-5).
(b)
For
The single chemical
generic standards for hazardous substances that have non-carcinogenic
effects, the chemical-specific risk shall not
exceed
are based on a hazard index of
one.
(ii) As determined
in accordance with paragraph (F)(6) of rule
3745-300-07 of the
Administrative Code, the concentration of a COC shall not exceed the single
chemical generic standard for that chemical.
(b) Cumulative adjustment for multiple
chemicals.
(i) When more than one COC is
present in each media within an
identified area and an applicable generic
standard for each of the
COCs is in this rule, the standard for each COC shall
be adjusted for the presence of multiple chemicals to meet the risk and hazard
levels described in paragraph (A)(2)(a) of this rule
within each identified area
.
(ii) A cumulative adjustment for
multiple chemicals within each media shall be made when using a combination of
generic standards and applicable standards determined by a property-specific
risk assessment in accordance with rule 3745-300-09 of the Administrative
Code.
(iii) In accordance with paragraph
(A)(2)(c) of this rule, the incremental risk and hazard shall be added to the
incremental risk and hazard from other complete exposure pathways to the same
receptor population.
(iv)(ii) All final
cumulative human health carcinogenic risk and non-carcinogenic hazard levels
are based on one significant figure.
(c) Summation of risk and hazard across
complete
exposure pathways.
(i) If more than
one complete exposure pathway exists to each receptor population, the
incremental cancer risk and hazard indices determined for each exposure pathway
shall be summed to calculate a cumulative cancer risk and hazard index to each
receptor population.
(ii) All final
cumulative human health carcinogenic risk and non-carcinogenic hazard levels
are based on one significant figure.
(d) If the generic numerical
standards of this rule are applied to one or more identified areas of the
property and applicable standards, as determined in accordance with rule
3745-300-09 of the Administrative Code, are applied to one or more exposure
units or other areas of the property, then the volunteer shall ensure that the
risk and hazard levels for each receptor on the property do not exceed the
following:
(i) One excess cancer in a
population of one hundred thousand (1 x
10-5).
(ii) A hazard index of
one.
(iii) All final cumulative human
health carcinogenic risk and non-carcinogenic hazard levels are based on one
significant figure.
(e)(d) Points of
compliance. In accordance with paragraph (I) of rule
3745-300-07 of the
Administrative Code, the
volunteer shall comply with the
applicable standards
at all points of compliance at the
property, for each
environmental media and
complete exposure pathway.
(3) A property-specific risk
assessment shall be conducted in accordance with rule 3745-300-09 of the
Administrative Code to determine applicable standards instead of, or in
addition to, using the generic numerical standards from this rule, if any of
the following apply to the property:
(a) The complete exposure pathways
as identified in accordance with paragraph (F)(1) of rule 3745-300-07 of the
Administrative Code, include exposure pathways that are not considered in the
development of standards listed in this rule.
(b) The exposure factors for the
receptors identified in paragraph (E)(6) of rule 3745-300-07 of the
Administrative Code are not considered in the development of standards listed
in this rule, or the volunteer evaluates compliance with applicable standards
for exposure units instead of identified areas in accordance with rule
3745-300-09 of the Administrative Code.
(c) The COCs on the property consist
of hazardous substances or petroleum that do not have generic numerical
standards listed in this rule.
(i) If only some of the COCs
identified have a generic numerical standard listed in this rule, a volunteer
may use the applicable generic numerical standards for the COCs that have
listed standards and conduct a property-specific risk assessment in accordance
with rule 3745-300-09 of the Administrative Code.
(ii) If a combination of generic
numerical standards and applicable standards determined by a property-specific
risk assessment conducted in accordance with rule 3745-300-09 of the
Administrative Code is used, the volunteer shall adjust the concentrations of
the applicable standards to meet the human health risk and hazard levels
described in paragraph (A)(2)(d) of this rule.
(d) Concentrations of COCs in
surface water or sediment exceed applicable standards determined in accordance
with this rule.
(e) Complete exposure pathways to
important ecological resources other than sediment or surface water
exist.
(B) Generic numerical standards for
petroleum.
(1) Applicability.
The
(a) The generic numerical
standards referenced in paragraph (B)(3) of this rule apply to all petroleum
releases regardless of the source or how the petroleum was released. After
after
eligibility requirements in accordance with rule
3745-300-02 of the
Administrative Code are met, applicable standards
for all petroleum releases on the property shall be achieved in accordance with
this chapter.
(b) The generic numerical standards
referenced in paragraph (B)(3) of this rule apply to the exposure pathways for
which rules adopted under division (B) of section 3737.882 of the Revised Code
have numerical clean-up standards. If an exposure pathway is not addressed by a
generic numerical standard under division (B) of section 3737.882 of the
Revised Code, then the exposure pathway shall be evaluated in accordance with
rule 3745-300-09 of the Administrative Code.
(2) Assumptions.
(a) The points of compliance for generic
petroleum standards are identified in paragraph (I) of rule
3745-300-07 of the
Administrative Code.
For example, exposure pathways
that are encompassed within the generic direct-contact soil standard shall use
the points of compliance indicated in paragraph (I)(1)(a)(i) of rule
3745-300-07 of the Administrative Code. In accordance with paragraph
(I) of rule
3745-300-07 of the
Administrative Code, the
volunteer shall comply with the
applicable standards
at all points of compliance at the
property for each environmental medium and
complete exposure pathway.
(b)
Cumulative adjustment for multiple chemicals and summation of risk across
complete exposure pathways that are required for COCs on the property to comply
with paragraphs (A)(2) and (F)
(E) of this rule may not necessarily apply for generic
petroleum standards referenced in paragraph (B)(3) of this rule. Cumulative
adjustment for multiple chemicals and summation of risk across complete
exposure pathways to meet generic petroleum standards are required only when
required by rules adopted under division (B) of section
3737.882 of the Revised
Code.
(c) When
ground water exceeds
unrestricted potable use standards,
ground water response requirements in
accordance with rule
3745-300-10 of the
Administrative Code shall be met. Properties with
free product
determined in accordance with paragraph (F)(11) of rule
3745-300-07 of the
Administrative Code exceed
applicable standards for unrestricted potable
use of
ground water.
(d)
Direct-contact with free product exceeds applicable
standards when free product is encountered within the points of compliance for
soil as determined in accordance with paragraph (I)(1)(a) of rule
3745-300-07 of the
Administrative Code.
(d)(e) Restricted
residential, commercial with high frequency child
exposure, commercial, and
industrial land use categories [as determined in accordance with paragraph
(C)(2) of this rule] require implementation of institutional controls in
accordance with paragraph (C)(2) of rule
3745-300-11 of the
Administrative Code.
(3)
Generic numerical standards for
petroleum. The generic numerical standards for
petroleum at residential, commercial, or
industrial properties are the
standards established in rules adopted under division (B) of section
3737.882 of the Revised Code, as
provided in division (B)(1) of section
3746.04 of the Revised Code. The
state fire marshal's bureau of underground storage tank regulations administers
the rules adopted under division (B) of section
3737.882 of the Revised Code.
Property-specific standards for
petroleum may be developed in accordance with
rule
3745-300-09 of the
Administrative Code.
(C)
Generic numerical standards for hazardous substances; direct-contact with soils
and vapor intrusion to indoor air.
(1)
Applicability.
(a) When generic direct-contact
soil standards are applied, a
volunteer shall select the land use or activity
category
which is consistent with the land
use definitions in rule
3745-300-01 of the
Administrative Code
. The land use or activity
category shall be determined based on the
property use,
receptor
populations, and pathways identified in accordance with paragraphs (E)(6) and
(F)(1) of rule
3745-300-07 of the
Administrative Code. The
exposure factors used in the development of generic
numerical standards are in
Ohio EPA's "Support
Document For the Development of
Generic Numerical Standards and Risk Assessment Procedures." Generic
direct-contact soil standards for commercial and
industrial land uses are equal
unless paragraph (C)(2)(b) of this rule or paragraph (B)(1)(b) of rule
3745-300-09 of the
Administrative Code applies.
(b) A property-specific risk
assessment shall be conducted in accordance with rule 3745-300-09 of the
Administrative Code, to determine applicable standards instead of, or in
addition to, the generic direct-contact soil standards, if any conditions of
paragraph (A)(3) of this rule apply.
(c)(b) Generic numerical
standards for petroleum releases are identified in paragraph (B)(3) of this
rule. The standards identified in paragraphs (C)(3) and (D) of this rule and
provided in appendix A to this rule apply to releases of hazardous
substances.
(2) Land use
and activity categories. The generic direct-contact soil standards and vapor
intrusion to indoor standards established in this rule are based upon the
intended use of the
property after the completion of a
voluntary action.
Standards applied to restricted residential, commercial with high frequency
child
exposure, commercial, and
industrial land use categories require
implementation of institutional controls in accordance with rule
3745-300-11 of the
Administrative Code. Land use and activity categories shall be determined as
follows, as the terms are defined in rule
3745-300-01 of the
Administrative Code:
(a) Residential land use
category.
(i) Unrestricted residential land
use category.
(ii) Restricted
residential land use category.
(b) Commercial land use with high frequency
child exposure category.
(c)
Commercial or industrial land use category.
(d) Construction activities.
(3) Generic numerical
direct-contact soil standards.
(a) The generic
direct-contact soil standards for carcinogenic and non-carcinogenic
COCs are
derived considering exposures that include ingestion of soil, dermal contact
with soil, inhalation of volatile compounds in outdoor air, and the inhalation
and ingestion of particulate emissions.
All
applicable exposures not considered within the generic direct-contact soil
standards shall be addressed in accordance with rule 3745-300-09 of the
Administrative Code.
(i) The generic
direct-contact soil standards for carcinogenic and non-carcinogenic COCs for
residential land use categories are in table I of appendix A to this
rule.
(ii) The generic
direct-contact soil standards for carcinogenic and non-carcinogenic COCs for
commercial land use with high frequency child exposure are in table II of
appendix A to this rule.
(iii) The
generic direct-contact soil standards for carcinogenic and non-carcinogenic
COCs for commercial and industrial land use categories are in table III of
appendix A to this rule.
(iv) The
generic direct-contact soil standards for carcinogenic and non-carcinogenic
COCs for the construction activities category are in table IV of appendix A to
this rule.
(v) The lead standards
in tables I, II, III, and IV of appendix A to this rule account for other
factors and assumptions in addition to the carcinogenic or non-carcinogenic
risk of lead. Therefore, the cumulative risk considerations in paragraph (A)(2)
of this rule are not appropriate and need not be performed for lead.
(b) The soil saturation
concentrations are calculated using the U.S.
EPA recommended soil saturation
equation in paragraph (H)(5) of rule
3745-300-09 of the
Administrative Code. This equation is not recommended for compounds that are at
solid phase at ambient soil temperatures. Therefore, no generic soil saturation
values are calculated for those chemicals for which the melting point is
greater than seventeen degrees Celsius. Further, soil saturation values are
determined only for those chemicals for which physicochemical parameters used
to derive the soil saturation concentrations could be verified. The
volunteer
may either use the soil saturation levels as listed in appendix A to this
rule
, or may calculate a
property-specific
soil saturation concentration in place of the generic soil saturation in
accordance with paragraph (H)(5) of 3745-300-09 of the Administrative
Code.
(4) Generic
numerical standards for indoor air due to vapor intrusion from
environmental
media are derived considering the
exposure scenario and the chemical specific
inhalation toxicity. Standards apply to indoor air only for chemicals that have
volatilized from
environmental media to indoor air. Concentrations of
COCs in
ground water or soil gas may be used to approximate indoor air concentrations
through modeling conducted in accordance with rule
3745-300-07 of the
Administrative Code.
(a) The standards for
indoor air exposure due to vapor intrusion from environmental media for the
residential land use category are in table V of appendix A to this
rule.
(b) The standards for indoor
air exposure due to vapor intrusion from environmental media for the commercial
land use with high frequency child exposure category are in table VI of
appendix A to this rule.
(c) The
standards for indoor air exposure due to vapor intrusion from environmental
media for the commercial or industrial land use categories are in table VII of
appendix A to this rule.
(D) Generic unrestricted potable use
standards for hazardous substances in
ground water.
(1) Applicability.
(a) The generic unrestricted potable use
standards in paragraph
(E)(3)
(D)(3) of this rule apply as determined in accordance
with rule
3745-300-10 of the
Administrative Code.
(b) A property-specific risk
assessment shall be conducted in accordance with rule 3745-300-09 of the
Administrative Code to determine applicable standards in place of, or in
addition to, using the generic unrestricted potable use standards if any of
paragraphs (A)(3)(a) to (A)(3)(c) of this rule apply to the property, and those
exposures are required to be evaluated under rule 3745-300-07 of the
Administrative Code.
(c)(b) The standards in
paragraph (E)(3)
(D)(3) of this rule apply to releases of hazardous
substances. Generic numerical standards for petroleum releases are identified
in paragraph (B)(3) of this rule.
(2) Assumptions. The generic unrestricted
potable use standards in tables VIII and IX of appendix A to this rule are
determined using the assumption that the ground water on or from the property
shall
will be
used as a source of water for drinking, cooking, showering, and
bathing.
(3) Generic unrestricted
potable use standards for
ground water.
(a)
The generic unrestricted potable use standards for petroleum at commercial,
industrial, and residential properties are the standards established in rules
adopted under division (B) of section
3737.882 of the Revised Code, as
provided by division (B)(1) of section
3746.04 of the Revised
Code.
(b) The generic unrestricted
potable use standards based on maximum contaminant levels or other regulatory
established criteria are in table VIII of appendix A to this rule. COCs in
table VIII of appendix A to this rule need not be included in the cumulative
adjustment for multiple chemicals.
(c) The generic risk-derived unrestricted
potable use standards are in table IX of appendix A to this rule. COCs in table
IX of appendix A to this rule shall be included in the cumulative adjustment
for multiple chemicals.
(E) Procedures for cumulative adjustment for
multiple chemicals. The following procedures may be used to meet the risk and
hazard levels described in paragraph
(A)(2)(d)
(A)(2)(a) of
this rule when more than one COC is present in
environmental media within an
identified area:
(1) Several procedures may be
used to adjust for the presence of multiple carcinogenic
COCs in an
identified
area to comply with paragraph (A)(2)(b) of this rule. One
method is to divide
the
exposure point concentration (chem
a) for each COC in
the
affected media by the "Single Chemical Carcinogenic Standard"
(SCCS
a) in appendix A to this rule. The resultant ratios
are summed as an expression of estimated risk (see equation 1). When the summed
ratios result in a value less than or equal to one, at one significant figure
in accordance with paragraph
(A)(2)(b)(iv)
(A)(2)(b)(ii) of this rule, carcinogenic risk levels
are met on the
property for
exposure to that media. When the summed ratios
result in a value greater than one the carcinogenic risk levels are not met and
remedial action is required.
Equation 1 - cumulative cancer risk ratio for affected
media
[(chema/SCCSa) +
(chemb/SCCSb) + ...] = cumulative
cancer risk ratio
(2)
Several procedures may be used to adjust for the presence of multiple
non-carcinogenic
COCs in an
identified area to comply with paragraph (A)(2)(b)
of this rule. One
method is to divide the
exposure point concentration
(chem
a) for each COC in the
affected media by the
''Single Chemical Noncarcinogenic Standard'' (SCNS
a) in
appendix A to this rule. The resultant ratios are summed as an expression of
estimated
hazard index (see equation 2). When the summed ratios result in a
value less than or equal to one at one significant figure in accordance with
paragraph
(A)(2)(b)(iv)
(A)(2)(b)(ii) of this rule, non-carcinogenic risk
levels are met on the
property. When the summed ratios result in a value
greater than one the non-carcinogenic risk levels are not met and remedial
action is required.
Equation 2 - cumulative noncancer risk ratio for affected
media
[(chema/SCNSa) + (chemb/SCNSb) + ...] = cumulative noncancer
risk ratio
Non-cancer risk ratios for
non-carcinogenic COCs which do not exhibit the same toxic endpoint may be
excluded from the calculation of the cumulative non-cancer risk ratio described
above if a written justification for such exclusion is submitted. The
consideration of all major toxic endpoints and mechanisms of action shall
include, at a minimum, those identified with the critical effect upon which the
reference dose or reference concentration for each non-carcinogenic COC is
based. The source for each reference dose and reference concentration for each
non-carcinogenic chemical for which generic direct-contact soil standards are
derived, are cited in Ohio EPA's "Support Document for the Development of
Generic Numerical Standards and Risk Assessment Procedures." It may be
necessary to calculate more than one cumulative non-cancer risk ratio for a
property that results from the segregation of non-carcinogenic COCs based on
toxic endpoints or mechanisms of action.
Segregation of hazard indices. Hazard
quotients for non-carcinogenic COCs which do not exhibit the same toxic
endpoint may be segregated by critical effect and mechanism of action, in
accordance with U.S. EPA's "Risk Assessment Guidance for Superfund, Volume I:
Human Health Evaluation Manual (Part A)" following a procedure, analogous to
section 8.2.2 of the document, rather than being aggregated into one cumulative
non-cancer risk ratio. A written justification for this approach should be
submitted and approved by Ohio EPA prior to attempting to segregate hazard
indices. The consideration of all major toxic endpoints and mechanisms of
action shall include, at a minimum, those identified with the critical effect
upon which the reference dose or reference concentration for each
non-carcinogenic COC is based. The source for each reference dose and reference
concentration for each non-carcinogenic chemical for which generic
direct-contact soil standards are derived, are cited in Ohio EPA's "Support
Document for the Development of Generic Numerical Standards and Risk Assessment
Procedures." It may be necessary to calculate more than one cumulative
non-cancer risk ratio for a property that results from the segregation of
non-carcinogenic COCs based on toxic endpoints or mechanisms of
action.
(3) For
situations where a COC poses both carcinogenic and non-carcinogenic risks and a
value for the COC is listed in both the "Standard for a Single Chemical
Carcinogens" column and the "Standard for a Single Chemical Non-Carcinogens"
column in the tables in appendix A to this rule, or an applicable single
chemical carcinogen and non-carcinogen standard is determined in accordance
with rule
3745-300-09 of the
Administrative Code, the COC shall be included in the multiple carcinogenic
chemical adjustment calculation under paragraph
(F)(1)
(E)(1) of this
rule and the adjustment calculation for multiple non-carcinogenic chemicals
under paragraph
(F)(2)
(E)(2) of this rule. The
single-chemical applicable standard for the COC is the
lowest of the values determined using the equations in this paragraph or, if
appropriate, the soil saturation concentration.
(F) Generic numerical standards for surface
water.
(1) Applicability.
(a) The generic numerical standards for
surface water in paragraph
(G)(2)
(F)(2) of this rule apply to a
property in accordance
with paragraph (F) of rule
3745-300-07 of the
Administrative Code.
(b) For all
releases of petroleum to surface water of the state, the generic petroleum
standards are in paragraph (B) of this rule.
(2) Generic surface water standards.
(a) For all releases or source areas of
hazardous substances on or from the
property to surface
waters of the state,
surface water chemical concentrations shall be compared to the chemical
criteria pursuant to Chapter 3745-1 of the Administrative Code. The outside
mixing zone average criteria for human health and aquatic life and wildlife
should be compared against ambient samples averaged over a thirty-day period.
Single ambient samples shall not exceed the outside the mixing zone maximum or
the outside the mixing zone average, if a thirty-day average is not obtained.
If all chemical constituents are below the chemical criteria, then the surface
water may be eliminated as an
exposure medium. If chemical constituents exceed
the chemical criteria, then the surface water shall be further assessed in
accordance with rule
3745-300-09 of the
Administrative Code. For the purposes of this rule, the generic numerical
standards for surface water apply regardless of whether the
release or
source
area of hazardous substances is a point source or nonpoint source.
(b) All regulated point source discharges of
pollutants to surface
waters of the state and any other regulated discharges
that occur from or on the
property shall comply with all permit and other
applicable requirements of the Water Pollution Control
Act, Chapter 6111. of
the Revised Code, and the regulations adopted thereunder. The permit and other
applicable requirements of point source discharges include, but are not limited
to, the following:
(i) The national pollutant
discharge elimination system permit issued pursuant to Chapter 3745-33 of the
Administrative Code (also referred to as Ohio NPDES permits).
(ii) The water quality certification issued
pursuant to Chapter 3745-32 of the Administrative Code.
(iii) A volunteer may obtain a consolidated
standards permit for activities conducted in connection with a voluntary action
which require permits from the director.
(c) Storm water associated with
industrial
activity that is discharged to surface
waters of the state or is discharged
through a separate municipal storm sewer system shall comply with the
applicable requirements in 40 CFR
122.26.
(G) Generic numerical
standards for human
exposure to sediments.
(1)
Applicability.
(a) For purposes of this rule
and rule
3745-300-07 of the
Administrative Code, human health
exposure pathways to sediments are considered
complete when the surface water which contains the sediments meets either of
the following criteria:
(i) Produces or can
produce a consistent supply of edible-sized fish and the COCs in the sediment
are persistent, bioaccumulative, and toxic.
(ii) Is reasonably anticipated to support
recreational activities such as wading, swimming, or boating.
(b) For all releases of petroleum
on or from the property to surface waters of the state which contain sediments,
the generic petroleum standards are in paragraph (B) of this rule.
(c) If the concentrations of
COCs in
sediment
exceed the generic numerical standards for human
exposure to
sediment, the
volunteer shall conduct a human health
property-specific risk assessment
following the methodology described in paragraph (D) of rule
3745-300-09 of the
Administrative Code or
shall conduct a
remedy in accordance with 3745-300-11 of the Administrative Code.
(2) Generic numerical standards
for human
exposure to
sediment.
(a) Generic
direct-contact standards for sediments are the generic direct-contact soil
standards for residential land use specified in table I of appendix A to this
rule. Cumulative adjustment for multiple chemicals shall be evaluated in
accordance with paragraph (A)(2)(b) of this rule.
(b) If
COCs in
sediment are persistent,
bioaccumulative, and toxic, and the surface water that contains the sediments
produces or can produce a consistent supply of edible-sized fish, the
volunteer
shall conduct a human health
property-specific risk assessment in accordance
with rule
3745-300-09 of the
Administrative Code to evaluate fish consumption.
(H) Generic numerical standards
for
exposure of important ecological resources to sediments.
(1) Applicability. The
volunteer shall do
either of the following:
(a) Sample sediments
directly and apply the applicable standards in accordance with paragraph (H)(2)
of this rule.
(b) Demonstrate
compliance with
applicable standards in accordance with paragraph (F)(5) of
rule
3745-300-09 of the
Administrative Code.
(2)
Generic numerical standards for
exposure of important ecological resources to
sediments. To apply
applicable standards to sediments in accordance with
paragraph (H)(1)(a) of this rule, the
volunteer shall compare the concentration
of
COCs to one of the following ecological reference values:
(a) Ohio-specific sediment reference values
by ecoregion in table I of appendix B to this rule.
(b) Consensus-based threshold effects
concentration values from MacDonald, Ingersoll and Berger's "Development and
Evaluation of Consensus-based Sediment Quality Guidelines for Freshwater
Ecosystems" in table II of appendix B to this rule.
(3) If concentrations of COCs do not exceed
the generic numerical standards identified pursuant to paragraph (H)(2) of this
rule, then the applicable standards are met.
(4) The
volunteer shall evaluate the
sediments in accordance with paragraph (F) of rule
3745-300-09 of the
Administrative Code, or
shall conduct a
remedy in accordance with rule
3745-300-11 of the
Administrative Code if any of the following criteria apply:
(a) The sediments exceed applicable standards
in accordance with this rule.
(b)
The sediment samples were not compared to the sediment values in accordance
with paragraph (H)(2) of this rule.
(I) Development of soil standards for
leaching of
COCs from soil to
ground water.
(1) Applicability.
(a) Soil standards for leaching may be
developed when one or more ground water zones are determined to meet
unrestricted potable use standards and the potential for leaching of COCs from
soil to ground water is determined to be a complete exposure pathway.
(b) Soil standards for leaching may be
developed when one or more
ground water zones are determined to exceed
unrestricted potable use standards and the potential for leaching of
COCs from
soil to
ground water is a
complete exposure pathway that shall be evaluated in
accordance with either of the following:
(i)
Applicable
ground water response requirements in paragraph (E) of rule
3745-300-10 of the
Administrative Code.
(ii) A pathway
completeness determination in paragraph (F)(1) of rule
3745-300-07 of the
Administrative Code.
(2) Soil standards for leaching.
(a) Soil standards for leaching when the
underlying
ground water zone meets unrestricted potable use standards. Soil
standards for leaching are the soil concentrations determined to be protective
of the applicable
ground water zone and shall not cause unrestricted potable
use standards to be exceeded in the
ground water zone as demonstrated in
accordance with paragraph (F)(4)(a) of rule
3745-300-07 of the
Administrative Code.
(b) Soil
standards for leaching when the underlying
ground water zone exceeds
unrestricted potable use standards.
(i) Soil
standards for leaching are the soil concentrations determined to be protective
of the applicable
ground water response requirements for the
ground water zone
as determined by rule
3745-300-10 of the
Administrative Code.
(ii) Soil
standards for leaching are the soil concentrations determined to be protective
of any other applicable standard in
ground water that shall be met in
accordance with a pathway completeness determination and the demonstration of
compliance with
applicable standards.
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Notes
Ohio Admin. Code
3745-300-08
Effective:
2/16/2025
Five Year Review (FYR) Dates:
11/12/2024 and
02/16/2030
Promulgated
Under: 119.03
Statutory
Authority: 3746.04
Rule
Amplifies: 3746.04
Prior
Effective Dates: 12/16/1996, 10/21/2002, 03/01/2009, 08/01/2014, 05/26/2016,
10/17/2019