Ohio Administrative Code › Title 3745 - Ohio Environmental Protection Agency › Chapter 3745-300 - Voluntary Action Program › Section 3745-300-02 - Eligibility for participation in the voluntary action program

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.
			 Chapter 3746. of the Revised Code and this chapter apply
			  to only
			 the investigation, identification and remediation of hazardous substances or
			 petroleum for property which is eligible for the voluntary action program. All
			 property is eligible for the voluntary action program except as provided in
			 this rule .
(B) Exceptions to
			 eligibility. A property, that meets the description of one or more of
			 paragraphs (B)(1) to (B)(8) of this rule is ineligible for participation in the
			 voluntary action program. The application of this paragraph to a portion of a
			 property does not preclude 
			 participation in the voluntary action
			 program of other portions of a property to which paragraphs (B)(1) to
			 (B)(8) of this rule do not apply.
(1)
			 National priorities list sites. Any property identified on the national
			 priorities list, pursuant to the Comprehensive Environmental Response,
			 Compensation and Liability Act, and regulations adopted thereunder.
(2) Properties subject to the underground
			 injection control program. Any property  which is subject to requirements for site assessment, removal,
			 or remediation regarding class I, II, III, and IV
			 underground injection control wells, pursuant to the Safe Drinking Water
			 Act and the
			 regulations adopted thereunder, or Chapter 6111. of the Revised Code and rules
			 adopted thereunder.
Any property  on which a class V underground injection control well is
				located is eligible for the voluntary action program if
				such
				property is not the subject of an order or permit
				that
				requires site assessment, removal, or remediation of hazardous substances
				or petroleum.
(3)
			 Properties subject to federal or state corrective action permit obligations.
			 Any property where corrective action
			 is required, pursuant to a federal or a state
			 permit issued under the Resource Conservation and Recovery Act
			 , and the regulations adopted
			 thereunder, or Chapter 3734. of the Revised Code and rules adopted
			 thereunder, as applicable.
(4) Properties subject to federal
			 enforcement. Any property that is the subject of a federal enforcement action
			 which requires site assessment, removal, or remedial activities, pursuant to
			 any federal laws and regulations, including, without limitation, the federal
			 laws provided in division (A) of section
			 3746.02 of the Revised Code. For
			 the purposes of this paragraph, "federal enforcement action" includes but is
			 not limited to the issuance of administrative or judicial orders, injunctions,
			 and consent decrees.
(5) Closure
			 required of hazardous waste or solid waste
			 facility. Any property where closure of a hazardous waste facility or a
			 solid waste facility is required .
(a) "Solid waste facility," for purposes of
			 this paragraph, includes any facility as defined in  rule
			 3745-27-01or 3745-500-02 of
			 the Administrative Code.
			 "Property where closure of a solid waste facility is required" includes the
			 following:
(i) Any solid waste facility for
			 which a license, plan approval, permit-to-install, registration, or other
			 authorization has been issued pursuant to Chapter 3734. of the Revised Code and
			 rules adopted thereunder.
(ii) Any
			 solid waste facility, for which closure activities have been completed in
			 accordance with Chapter 3734. of the Revised Code, during the term of any
			 applicable post-closure care period required by Chapters 3745-27, 3745-29,
			 and 3745-30 of the Administrative Code.
(b) For the purposes of this rule, "property
			 where closure of a hazardous waste facility is required" includes the
			 following:
(i) Those portions of
			  property on which hazardous waste
			 generator closure of any accumulation area is required pursuant to Chapter
			 3745-52 of the Administrative Code.
(ii) Those portions of
			  property on which "closure" of a
			 "hazardous waste management unit" is required under Chapter 3734. of the
			 Revised Code, as those terms are defined in section
			 3734.01 of the Revised Code, and
			 rule
			 3745-50-10
			 of the Administrative Code, respectively, regardless of whether
			 or not a hazardous waste facility installation
			 and operation permit has been issued. Properties on which "hazardous wastes,"
			 as defined in section
			 3734.01 of the Revised Code,
			 were treated, stored, or disposed , are
			 required to be closed in accordance with Chapter 3734. of the Revised Code and
			 rules adopted thereunder.
(iii) Any
			 hazardous waste management unit described in paragraph (B) (5)(b) of this rule,
			  during the term of
			 any applicable post-closure care period required by Chapters 3745-55 and
			 3745-66 of the Administrative Code.
(6) Petroleum underground storage tank
			 systems. Any property that is subject to site assessment, removal, or
			 remediation, pursuant to sections
			 3737.88,
			 3737.882, and
			 3737.89 of the Revised Code and
			 rules adopted thereunder regarding underground storage tank systems, including
			 any systems which
			 contain or  previously contained
			 petroleum. However, this paragraph shall not apply to property with either of
			 the following:
(a) A class C release, provided
			 that the volunteer is not a responsible person as defined in section
			 3737.87 of the Revised
			 Code.
(b) A release other than a
			 class C release, provided that the following:
(i) The volunteer is not a responsible
			 person, as determined by the fire marshal pursuant to Chapter 3737. of the
			 Revised Code.
(ii) The voluntary
			 action also addresses hazardous substances or petroleum that are not subject to
			 the rules adopted under division (B) of section
			 3737.882 of the Revised Code
			 pertaining to a corrective action.
(iii) The fire marshal has not issued an
			 administrative order concerning the release or referred the release to the
			 attorney general for enforcement.
(7) Oil and gas. Any property that is subject
			 to site assessment, removal, or remediation, pursuant to Chapter 1509. of the
			 Revised Code and rules adopted thereunder.
(8) Properties subject to an enforcement
			 letter. Any property that is the subject of an enforcement letter from the
			 director relating to a release or threatened release of hazardous substances or
			 petroleum on or
			  from the property which poses a
			 substantial threat to public health or safety or the environment, except when
			 sufficient evidence of entry and participation in the voluntary action program
			 is demonstrated, as provided in paragraph (C) of this rule.