Ohio Admin. Code 3745-300-08 - Generic numerical standards
[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 -
(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:
(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 .
(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.(iv)(ii) All final
cumulative human health carcinogenic risk and non-carcinogenic hazard levels
are based on one significant figure.
(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
(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
(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
(i) One excess cancer in a
population of one hundred thousand (1 x
10-5).
(ii) A
(iii) All final cumulative human
health carcinogenic risk and non-carcinogenic hazard levels are based on one
significant figure.
(3) A
(a) The complete
(b) The
(c) The
(i) If only some of the
(ii) If a combination of generic
numerical standards and
(d) Concentrations of
(e) Complete
(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 . After
after
eligibility requirements in accordance with rule
3745-300-02 of the
Administrative Code are met, .
(b) The generic numerical standards
referenced in paragraph (B)(3) of this rule apply to the
(2) Assumptions.
(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.
(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.
(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.(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.
(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
(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.
(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.
(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
(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 (chema) for each COC in
the affected media by the "Single Chemical Carcinogenic Standard"
(SCCSa) 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
[(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
(chema) for each COC in the affected media by the
''Single Chemical Noncarcinogenic Standard'' (SCNSa) 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
[(chema/SCNSa) + (chemb/SCNSb) + ...] = cumulative noncancer risk ratio
Non-cancer risk ratios for
non-carcinogenic
Segregation of hazard indices. Hazard
quotients for non-carcinogenic
(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 .
Notes
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
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(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 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) of this rule], unrestricted potable use for hazardous substances in ground water [paragraph (E) of this rule], and complete exposure pathways to human and ecological receptors from surface water and sediment [paragraphs (G), (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 standards shall be derived in accordance with rule 3745-300-09 of the Administrative Code. 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 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 soil standards for petroleum described in paragraph (B) of this rule, direct contact soil standards for lead described in paragraph (C)(3)(e) of this rule, the generic unrestricted potable use standards based on maximum contaminant levels or other regulatory established criteria described in paragraph (E) of this rule, and potable use standards for petroleum described in paragraph (E)(3) 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 the following risk and hazard levels:
(a) For hazardous substances that have carcinogenic effects, the chemical-specific carcinogenic risk shall not exceed one excess cancer in a population of one hundred thousand (1 x 10-5 ).
(b) For hazardous substances that have non-carcinogenic effects, the chemical-specific risk shall not exceed 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.
(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) 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) 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.
(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 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) 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 exceed applicable standards for unrestricted potable use of ground water .
(d) 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) 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) 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) The standards in paragraph (E)(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 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) 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 (chema ) for each COC in the affected media by the "Single Chemical Carcinogenic Standard" (SCCSa ) 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) 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.
(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 (chema ) for each COC in the affected media by the ''Single Chemical Noncarcinogenic Standard'' (SCNSa ) 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) 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.
(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) of this rule and the adjustment calculation for multiple non-carcinogenic chemicals under paragraph (F)(2) of this rule. The 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) 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 .
Replaces: 3745-300-08, 3745-300-08 appendix
Notes
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