Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-300 - Voluntary Action Program › Section 3745-300-09 - Property-specific risk assessment procedures

Current through all regulations passed and filed through July 1, 2024
[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)
								Applicability. The volunteer may use the
			 property-specific risk assessment procedures in this rule to determine
			 applicable standards in place of, or in addition to, generic numerical
			 standards in accordance with rule
			 3745-300-08
			 of the Administrative Code.
(1)
									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 conduct the cleanup of the radionuclides or
			 radioactive material in compliance with requirements of the Ohio department of
			 health. Remedy approval by the Ohio department of health are sufficient to meet
			 applicable standards for radionuclides or radioactive materials for the
			 voluntary action.
(2)
									Elective application. If a volunteer elects not to
			 apply one or more of the generic numerical standards established under rule
			 3745-300-08
			 of the Administrative Code to a chemical of concern (COC), the volunteer shall
			 use a property-specific risk assessment to develop an applicable standard for
			 that COC.
(3)
									Mandatory application. A volunteer shall conduct a
			 property-specific risk assessment in accordance with this rule to determine
			 applicable standards instead of, or in addition to, use of the generic
			 numerical standards in rule
			 3745-300-08
			 of the Administrative Code if any of the following apply to the property:
(a)
										The complete
			 exposure pathways 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 the appendices to rule
			 3745-300-08
			 of the Administrative Code.
(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 the appendices to rule
			 3745-300-08
			 of the Administrative Code.
(c)
										COCs that
			 originate from the property, as follows:
(i)
											 The COCs consist
			 of hazardous substances or petroleum that do not have generic numerical
			 standards included in the appendices to rule
			 3745-300-08
			 of the Administrative Code.
(ii)
											If only some of
			 the COCs identified have a generic numerical standard listed in the appendices
			 to rule
			 3745-300-08
			 of the Administrative Code, a volunteer may use the applicable generic
			 numerical standards for the COC that has listed standards, and may conduct a
			 property-specific risk assessment in accordance with this rule.
(iii)
											When a
			 combination of generic numerical standards and applicable standards determined
			 by a property-specific risk assessment conducted in accordance with this rule
			 is used, the volunteer shall adjust the concentrations of the applicable
			 standards to meet the human health risk and hazard levels described in
			 paragraph (B) of this rule.
(d)
										Concentrations of
			 COCs in surface water or sediment exceed applicable standards determined in
			 accordance with rule
			 3745-300-08
			 of the Administrative Code.
(e)
										There are
			 complete exposure pathways to important ecological resources (IERs) other than
			 sediment or surface water, such as soil.
(f)
										There are
			 persistent, bioaccumulative, and toxic (PBT) COCs that are determined to be
			 from the property that do not have or that exceed applicable standards as
			 determined in accordance with rule
			 3745-300-08
			 of the Administrative Code. A list of PBTs can be found in Ohio EPA's
			 "Ecological Risk Assessment Guidance."