Header:
OHIO ADMINISTRATIVE CODE ANNOTATED
1301:7 DIVISION OF STATE FIRE MARSHALL
CHAPTER 1301:7-9 UNDERGROUND STORAGE TANKS
Date:
06/04/2013
Document:
1301:7-9-03. Reporting requirements for hazardous substances and list of hazardous substances.
(A) Purpose.
For the purpose of prescribing rules pursuant to section 3737.88 of the Revised Code, the fire marshal hereby adopts this rule to establish reporting requirements for underground storage tank systems that contain hazardous substance(s) and to list those substances which are hereby identified as hazardous substances. This rule is adopted by the fire marshal in accordance with Chapter 119 of the Revised Code and shall not be considered a part of the "Ohio Fire Code".
(B) Definitions.
For the purpose of this rule:
(1) "Release of a hazardous substance" means:
(a) Any spilling, leaking, emitting, discharging, escaping, leaching or disposing of a hazardous substance(s) from an underground storage tank system into the ground water, a surface water body, subsurface soils or otherwise into the environment;
(b) Any spilling, leaking, emitting, discharging, escaping, or disposing of a hazardous substance(s) into ground water, a surface water body, subsurface soils or otherwise into the environment while transferring or attempting to transfer a hazardous substance(s) into an underground storage tank system; or
(c) Contamination of subsurface soils or ground water on the UST site by a hazardous substance(s) found and confirmed through laboratory analysis of samples from the UST site.
(2) "Suspected release of a hazardous substance" means evidence of a release of a hazardous substance(s) obtained through one or more of the following events:
(a) The monitoring results from a release detection method required by rule 1301:7-9-07 of the Administrative Code that a release of a hazardous substance(s) may have occurred unless:
(i) The monitoring device is found to be defective, and is immediately recalibrated or replaced, and additional monitoring does not confirm the initial result; or
(ii) In the case of inventory control, a second month of data does not confirm the initial result;
(b) Unusual operating conditions observed by the owners and operators unless system equipment is found to be defective but not leaking, and is immediately repaired or replaced. Such unusual operating conditions shall include, without limitation, the erratic behavior of hazardous substance(s) dispensing equipment, the sudden loss of hazardous substance(s) from the UST system or an unexplained presence of water in the tank.
(c) The presence of free hazardous substance(s) discovered during removal of an UST system or part thereof or in an excavation on the UST site or on property nearby the UST site;
(d) The discovery of hazardous substance(s) vapors within or along building foundations or other subsurface manmade structures such as building foundations, basements, pedestrian tunnels, utility vaults, sewer lines, or the like, or in a drinking water well located on the UST site or on property nearby the UST site;
(e) The presence of free hazardous substance(s) in a monitoring or an observation well located on the UST site or on property nearby the UST site; or
(f) The presence of hazardous substance(s) observed on a surface water body located on the UST site or on property nearby the UST site suspected to have arisen from a release from an UST system.
(g) The presence of free hazardous substance(s) discovered in an UST secondary containment system on the UST site.
(C) Reporting of releases of a hazardous substance and suspected releases of a hazardous substance.
(1) Owners and operators shall report a release of a hazardous substance or suspected release of a hazardous substance to the fire marshal and the local fire department within twenty-four hours of discovery by the owner or operator. Spills or overfills of twenty-five gallons or less that do not reach a surface water body and that are cleaned up within twenty-four hours need not be reported.
(2) Complying with paragraph (C)(1) of this rule does not relieve the owners and operators from complying with any other applicable federal, state, or local reporting requirements, laws, or regulations.
(D) The substances listed in the following table are hazardous substances except that any listed substance regulated as a hazardous waste under Chapters 3745-50 to 3745-69 of the Administrative Code shall not be considered a hazardous substance for the purposes of this chapter. The numbers to the right of the substances are the chemical abstracts service registry numbers for the substances. Click here to view image.
** No reporting of releases of this hazardous substance is required if diameter of the pieces of the solid metal released is equal to or exceeds 100 micrometers (0.004 Inches).
*** The reportable quantity of asbestos is limited to friable forms only.
(E) Hazardous substances shall include a mixture of hazardous substance and petroleum which is not contained in a petroleum UST system.
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