3745-300-07 Phase II property assessments.

  • 3745-300-07 "Phase II Property Assessments."

    (A) Applicability.

    (1)          A "Phase II Property Assessment" must be conducted in accordance with this rule if a "Phase I Property Assessment" conducted in accordance with rule 3745-300-06 of the Administrative Code reveals any information that establishes any reason to believe that a release of hazardous substances or petroleum has or may have occurred on, underlying or is emanating from the property. This rule does not apply when a release within an identified area is demonstrated to be de minimis in accordance with the requirements of paragraph (G) of rule 3745-300-06 of the Administrative Code.

    (2)          Factors affecting eligibility of a property. The volunteer must utilize information from "Phase I Property Assessments" or "Phase II Property Assessments" to determine that a property is eligible for the "Voluntary Action Program" in accordance with the requirements of rule 3745-300-02 of the Administrative Code. At a minimum, if any of the following are discovered on the property, further analysis must be conducted to determine if all or a portion of the property may be ineligible:

    (a)          Petroleum underground storage tank systems (UST systems) subject to the bureau of underground storage tank regulations (BUSTR);

    (b)          Underground Injection Control (UIC) wells, except "Class V" UIC wells;

                            (c)        Oil and gas wells;

    (d)          Any hazardous wastes which were treated, stored or disposed of at the property on or after November 19, 1980; and

    (e)          Solid waste facilities as described in paragraph (C)(5) of rule 3745- 300-02 of the Administrative Code.

    (B) Definitions for purposes of this rule:

    (1)          "Composite sample" means a combination of discrete samples, or equal portions of discrete samples, taken from different locations or at different times.

    (2)          "Discrete sample" means a single representative part of a medium collected at a specific location and time.

    (3)          "Engineered fill" means soil or aggregate materials derived from on-property or off-property locations which have been placed on the property to meet

    specific engineering requirements for the construction of buildings, utility lines, roadway sub-grade, or other structures. Engineered fill includes structural fill.

    (4)          "Industrial fill" means non-soil materials that are derived from industrial or manufacturing operations and that have been placed on a property for the purpose of disposal, grading or construction.

    (5)          "Native fill" means soil material derived from the property and transferred from one area of the property and placed in another area in such a manner that the original soil structure and physical properties may be altered from the initial pre-excavation conditions, but the chemical and physical properties remain consistent with other undisturbed native soils at the property.

    (C)Purpose of a "Phase II Property Assessment."

               The purpose of a "Phase II Property Assessment" is to conduct an investigation sufficient to determine whether applicable standards are met in all identified areas and affected media or to determine that remedial activities conducted in accordance with rule 3745-300-15 of the Administrative Code at the property meet or will achieve applicable standards.

               [Comment: A volunteer may conduct remedial activities at any point during a "Phase II Property Assessment", provided that these remedial activities comply with rule 3745-300-15 of the Administrative Code, and provided that the volunteer completes the activities contained in paragraph (D) of this rule.]

    (D)"Phase II Property Assessment" activities. The initial "Phase II Property Assessment" activities may be limited to performing data collection activities. However, it may be necessary to later conduct additional "Phase II Property Assessment" activities in order to complete the "Phase II Property Assessment." The volunteer may also have to conduct additional "Phase II Property Assessment" activities based on information obtained throughout the "Phase II Property Assessment."  Data collection and data evaluation may be conducted iteritively.

                In order to achieve the purpose contained in paragraph (C) of this rule, the volunteer must, at a minimum, perform the following:

    (1)          Data collection. The volunteer must collect sufficient data in accordance with the requirements contained in this paragraph to make the determinations contained in paragraphs (D)(2) to (D)(10) of this rule. Any sampling activities conducted under this paragraph must be performed in accordance with the sampling procedures contained in paragraph (E) of this rule.

                            (a)       Use of existing information.

    (i)            "Phase I Property Assessment" and other existing information. The person conducting a "Phase II Property Assessment" must utilize all information from a "Phase I Property Assessment" conducted in accordance with rule 3745-300-06 of the Administrative Code and any other information known to the owner or the volunteer if different from the owner which is relevant to properly characterizing environmental conditions on, underlying, or emanating from the property.

    (ii)          Amending "Phase I Property Assessments". If more than one hundred and eighty days has elapsed since the completion of a "Phase I Property Assessment" performed in accordance with either rule 3745-300-06 of the Administrative Code or with the interim standards contained in section 3746.07 of the Revised Code, the volunteer must conduct additional investigations regarding the potential changes in the environmental conditions at the property or areas surrounding the property, as provided in paragraph (J)(3) of rule 3745-300- 06 of the Administrative Code. Amendments to the "Phase I Property Assessment" must be included in the "Phase II Property Assessment" report.

                                        [Comment: This rule and paragraph (J) of rule 3745-300-06 of the Administrative Code require that an amended "Phase I Property Assessment" be included in the "Phase II Property Assessment" report, if the "Phase I Property Assessment" report was completed more than one hundred eighty days prior to issuance of the no further action letter.]

    (iii)         Using data from prior "Phase I Property Assessments." Prior "Phase I Property Assessments" and studies not conducted in accordance with rule 3745-300-06 of the Administrative Code may be relied upon, provided that all of the following are met:

    (a)          The    prior    "Phase   I    Property    Assessment"    was conducted prior to the effective date of this rule;

    (b)          The information gathered and the method(s) used to collect and evaluate the data are consistent with the purposes described in paragraph (B) of rule 3745-300- 06 of the Administrative Code;

    (c)          The prior "Phase I Property Assessment" is amended in such a way as to comply with the requirements of rule 3745-300-06 of the Administrative Code; and

    (d)          The prior "Phase I Property Assessment" is amended in accordance with paragraph (D)(1)(a)(ii) of this rule if more than one hundred and eighty days has elapsed since its completion.

                                        (iv)       Use of data from prior "Phase II Property Assessments." Prior

    "Phase II Property Assessments" and studies not conducted in accordance with this rule may be used to partially meet the requirements of this rule, provided that all of the following are met:

    (a)          The information gathered and the method(s) used to collect and evaluate the data are consistent with the purposes of this rule;

    (b)          The data are evaluated to ensure quality and consistency with the requirements for data collected in a "Phase II Property Assessment" conducted in accordance with this rule; and

    (c)          The data are confirmed by samples analyzed using a certified laboratory whose certification was current at the time that the confirmatory samples were analyzed. Confirmatory samples must be collected as follows:

    (i)            For ground water, surface water, and air, a minimum of ten per cent of the sample population of each data set in the previous study must be confirmed, provided that the samples are collected from the same sampling points that were used in the previous study; and

    (ii)          For all environmental media not addressed in paragraph (D)(1)(a)(iv)(c)(i) of this rule, or if the sampling points used in the previous study cannot be used, or are not used, for collecting confirmatory samples, the volunteer must confirm that the representative concentrations of chemical(s) of concern within each identified area are within the statistical range derived from the original data set of the previous study by collecting a minimum of ten per cent of the sample population, or at least three samples, whichever is greater, for each data set in the previous study.

                                        [Comment: If prior data or information are used in support of a no further action letter, they should be consistent with existing property conditions.]

    (b)          A review and evaluation of existing regional geologic, hydrogeologic, and physical characteristics. The volunteer must review reasonably available information pertaining to the regional geologic, hydrogeologic and physical characteristics, and geologic, hydrogeologic, and physical data from previous on-property investigations. Based on this review, the evaluation must address and include, as necessary, the following:

    (i)            The lithology and depth to bedrock;

    (ii)          The    characteristics    of    major     stratigraphic    units     and depositional environments;

    (iii)         Identification of regional aquifers, including those underlying the property;

                                        (iv)       Identification and characterization of ground water recharge

    and  discharge  areas,  and  the  amount  of  recharge  and discharge;

    (v) A description, and the potential orientation, of regional geomorphology including topographical features that may influence the ground water flow system;

                                        (vi)       A description of structural geological features, such as joints,

    faults or fractures;

                                        (vii)      The presence of legally-enforceable restrictions on the use of

    ground  water  including,  without  limitation,  local  rules  or ordinances;

                                        (viii)     The absence or presence of regional commingled chemical(s)

    of concern from multiple sources or source areas;

                                        (ix)       The natural quality of ground water and surface water;

    (x)        The regional availability of surface water and ground water and reasonable alternative sources of drinking water;

                                        (xi)       The productivity of the saturated zones; and

                                        (xii)      Drinking water source protection areas for a public water

    system using ground water as defined in paragraph (A)(3) of rule 3745-300-10 of the Administrative Code or sole source aquifer designations.

    (c)          The volunteer must identify the chemicals of concern in the identified areas by evaluating the following:

    (i)            Hazardous substances or petroleum identified in a "Phase I Property Assessment" conducted in accordance with rule 3745-300-06 of the Administrative Code or this rule;

    (ii)          Hazardous substances or petroleum that are or have been commonly used in industrial or commercial activities similar to the activities conducted at the property; and

    (iii)         Hazardous substances or petroleum that, based on reasonably available information, may be typical constituents, components, additives, impurities and degradation products of hazardous substances or petroleum identified in paragraphs (D)(1)(c)(i) and (D)(1)(c)(ii) of this rule.

                            [Comment: Naturally occurring hazardous substances or petroleum that occur in one environmental medium are considered potential chemical(s) of concern if current or past activities involving the treatment, storage, or disposal of hazardous substances or petroleum, see division (C) of section 3746.01 of the Revised Code (definition of the term, "background level"), are suspected to have caused the transfer of these naturally occurring hazardous substances or petroleum to other environmental media. Examples include, but are not limited to: (1) an acid spill that results in the leaching of metals naturally found in soil to the underlying ground water, or (2) the mobilization to ground water of metals naturally found in soil when the mobilization is the result of anaerobic ground water associated with the biodegradation of an organic solvent ground water plume.]

                            (d)       Evaluate identified areas.

    (i)            The volunteer must evaluate all identified areas and determine within each identified area:

    (a)          All sources that are present;

    (b)          All source areas that are present; and

    (c)          All affected media that are present.

    (ii)          The volunteer must consider information from a "Phase II Property Assessment" to determine if the existence, location and dimensions of each identified area designated pursuant to a "Phase I Property Assessment" require adjustment. If the existence, location or dimensions of the identified areas require adjustment or redesignation to reflect the "Phase II Property Assessment" information, the volunteer must make the appropriate adjustments to the identified areas and redesignate the identified areas in the "Phase II Property Assessment".

                                        [Comment: The adjustment or redesignation of identified areas is necessary when the adjustment or redesignation may impact a determination of whether the property meets or exceeds applicable standards. However, this paragraph is not intended to imply that adequate characterization of identified areas is not otherwise required by this rule. The characterization of all identified areas needs to be conducted in accordance with paragraphs (C) and (D) of this rule.]

                            (e)       Sampling environmental media.

    (i)            The volunteer must collect samples from the following environmental media, in accordance with sampling procedures developed under paragraph (E) of this rule that are proven to be reliable and representative for the environmental media being sampled, as necessary to make the determinations contained in paragraphs (D)(2) to (D)(10) of this rule:

                                                    (a)       Soil;

                                                    (b)       Sediment;

                                                    (c)        Surface water;

                                                    (d)       Ground water;

                                                    (e)       Bedrock;

                                                    (f)         Soil gas; and

                                                    (g)       Air.

    (ii)          When determining how to conduct sampling under paragraph (D)(1)(e)(i) of this rule, the volunteer must ensure that the data collected will be sufficient for making the determinations in

    paragraphs (D)(2) to (D)(10) of this rule and must ensure that the data is representative considering:

    (a)          The spatial distribution of sampling locations; and

    (b)          Temporal variations in the media or in the concentrations of chemicals of concern contained in the media.

    (f)           An evaluation of the property-specific geologic, hydrogeologic, and physical characteristics of the identified areas by evaluating characteristics contained in paragraphs (D)(1)(f)(i) to (D)(1)(f)(xi) of this rule, as necessary. The methods used must be consistent with the requirements contained in paragraph (E) of this rule.

    (i)            A description of the continuous profile of the stratigraphic units beneath the property including, the thickness and lateral extent of each unit;

    (ii)          The vertical and horizontal hydraulic conductivity;

    (iii)         The soil characteristics including but not limited to: porosity, eff ective porosity, bulk density, moisture content, grain size analysis, and soil pH;

                                        (iv)       The contaminant attenuation capacity and mechanisms of

    attenuation of the natural earth material or fill; such as: ion exchange capacity, organic carbon content, mineral content, and soil sorptive capacity;

    (v)        The effect of stratification on saturated and unsaturated flow;

                                        (vi)       Infiltration;

                                        (vii)      Evapotranspiration;

                                        (viii)     The local occurrence, flow direction and gradient of surface

    water or ground water;

                                                    [Comment: The criteria for determining ground water flow

    direction and gradient are provided in paragraph (E)(3) of this rule.]

                                        (ix)       Any anthropogenic influences that may affect the geology and

    hydrogeology of the property;

    (x)        The structural geology of the property; any physical properties affecting the transport of chemical(s) of concern; and

                                        (xi)       Any other characteristics that may be useful for potential fate

    and transport analysis or remedial activities.

    (g)          Identification of current and anticipated property use and receptor populations.

                                        The volunteer must identify the current and reasonably anticipated uses of the property, all receptor populations reasonably anticipated to be exposed to chemical(s) of concern on the property, and all off- property receptor populations reasonably anticipated to be exposed to chemical(s) of concern emanating from the property. Receptor populations that must be identified for the purpose of making the determinations contained in paragraph (D)(2) of this rule include, at a minimum, the following:

    (i)            Populations that live on the property;

    (ii)          Populations that work on the property;

    (iii)         Populations on the property as visitors, commercial consumers or recreational participants;       

                                        (iv)       Populations on or off the property that may be exposed to

    chemical(s) of concern in environmental media as a result of construction or excavation activities;

                                        (iv)       Populations  on  or  off  the  property  that  are  reasonably

    anticipated to be exposed to chemical(s) of concern emanating from the property through ground water migration, surface water migration, dust emissions, volatilization and other mechanisms which transport chemical(s) of concern off the property; and

                                        (vi)       Important ecological resources that, considering the land use

    and the quality and extent of habitat on the property and adjoining properties, would have reasonably been associated with the property or adjacent properties were it not for the presence of chemical(s) of concern on, underlying or emanating from the property.

    (h)          The volunteer may need to conduct data collection activities necessary to determine background levels in accordance with paragraph (H) of this rule.

                (2)       Pathway completeness determination.  

    (a)          The volunteer must evaluate the existing and potential exposure pathways and must identify the following:

    (i)            All sources, source areas, or affected media contributing to the pathway;

    (ii)          The receptors identified under paragraph (D)(1)(g) of this rule and any applicable points of compliance; and

    (iii)         The transport mechanisms for the pathway;

                                        [Comment: The points of compliance for a pathway may be a receptor identified in accordance with this rule, or may be determined under other rules contained in this chapter. For example, the ground water response requirements contained in rule 3745-300-10 of the Administrative Code under specific conditions require that the point of compliance is the property boundary.]                                                                             

    (b)          The volunteer must determine which existing and reasonably anticipated pathways are complete. Exposure pathways must be based on property-specific data collected in accordance with the procedures described in rules 3745-300-06 and 3745-300-07 of the Administrative Code, and must be evaluated in accordance with rules 3745-300-08, 3745-300-09, and 3745-300-10 of the Administrative Code. A pathway is considered to be complete if all three of the pathway components contained in paragraphs (D)(2)(a)(i) to (D)(2)(a)(iii) of this rule are present. All exposure pathways determined to be complete under this paragraph must be identified in the "Phase II Property Assessment" report.

    (c)          If it is determined that any of the exposure pathways on or adjoining the property are not reasonably anticipated to be complete for the chemicals of concern, the "Phase II Property Assessment" report must include a written justification for the elimination of those exposure pathways from further consideration.   

    (d)          If no complete exposure pathways to important ecological resources are identified, or if no important ecological resources exist at or in the

    vicinity of the property, then an ecological risk assessment is not required for the property.

                                        [Comment: The volunteer must consider all exposure pathways related to humans and important ecological resources. Table 1 is a non-comprehensive list of potential human exposure pathways. Table 2 is a non-comprehensive list of potential exposure pathways that may impact important ecological resources. Exposure pathways that are not listed in table 1 or table 2 but which may impact receptors on or off the property must also be considered. Potential release mechanisms (spills, leaks, direct discharge, etc.) and transport mechanisms (soil migration to sediments, sediment migration to surface water, ground water emanation into surface water, etc.) must be considered when evaluating the potential exposures to environmental media and exposure pathways for use in a property- specific risk assessment.]

    Exposure/ Contact Medium

    Transporting/ Source Medium

    Route of Exposure

    Pathway

    Ground water

    Direct contact

    Ingestion

    Ground water containing dissolved or suspended chemicals of concern is ingested by on or off-property receptors using ground water     

    Ground water

    Direct contact

    Dermal contact

    Ground water containing dissolved or suspended chemicals of concern is used for bathing/showering or is contacted incidentally during other potable or process use by on or off-property receptors

    Ground water

    Soil to ground water

    Ingestion

    Ground water containing chemicals of concern which have leached from soil is ingested by on or off-property receptors using ground water as drinking water

    Ground water

    Soil to ground water

    Dermal contact

    Ground water containing chemicals of concern which have leached from soil is used for bathing/showering or is contacted incidentally during other potable or process use by on or off-property receptors using ground water

    Air

    Ground water to air

    Inhalation

    Volatiles released from ground water containing chemicals of concern are inhaled during bath/shower or inhaled incidently during other potable or process use by on or off-property receptors

    Air

    Soil to air

    Inhalation

    Volatiles released from ground water containing chemicals of concern enter buildings through basement or foundation and are inhaled by on or off-property receptors occupying buildings

    Air

    Soil to air

    Inhalation

    Volatiles released to outdoor air from soil containing chemicals of concern are inhaled by on or off-property receptors                                                     

    Exposure/ Contact Medium

    Transporting/ Source Medium

    Route of Exposure

    Pathway

    Air

    Soil to air

    Inhalation

    Particulates released to outdoor air from soil containing chemicals of concern are inhaled by on or off-property receptors

    Air

    Surface water to air

    Inhalation

    Volatiles released from surface water containing dissolved or suspended chemicals of concern are inhaled by on- or off-property receptors

    Soil

    Air particulates to soil

    Ingestion

    Airborne particulates containing chemicals of concern are deposited on soil for ingestion by on or off-property receptors

    Soil

    Direct contact

    Ingestion

    Soil containing chemicals of concern is ingested by on-property receptors

    Soil

    Direct contact

    Dermal contact

    Soil containing chemicals of concern is contacted by on-property receptors

    Surface water

    Direct contact

    Ingestion

    Surface water containing dissolved or suspended chemicals of concern is ingested by on or off-property receptors from ingestion as drinking water or from other incidental ingestion

    Surface water

    Direct contact

    Dermal contact

    Surface water containing dissolved or suspended chemicals of concern is contacted by on or off-property receptors while bathing/showering, swimming or through other incidental contact related to potable, process or recreational use

    Surface water

    Soil to surface water

    Ingestion

    Surface water containing dissolved or suspended chemicals of concern from overland flow is ingested by on or off- property receptors from ingestion as drinking water or from other incidental ingestion

    Exposure/ Contact Medium

    Transporting/ Source Medium

    Route of Exposure

    Pathway

    Surface water

    Soil to surface water

    Dermal contact

    Surface water containing dissolved or suspended chemicals from overland flow is contacted by on or off-property receptors while bathing/showering, swimming or through other incidental contact related to potable, process or recreational use

    Surface water

    Ground water to surface water

    Ingestion

    Surface water containing dissolved or suspended chemicals of concern from ground water emanation is ingested by on or off-property receptors from ingestion as drinking water or through other incidental ingestion

    Surface water

    Groundwater to surface water

    Dermal contact

    Surface water containing dissolved and suspended chemicals of concern from ground water emanation is contacted by on or off-property receptors while bathing/showering, swimming or through other incidental contact related to potable, process or recreational use

    Sediment

    Direct contact

    Ingestion

    Sediment containing chemicals of concern is incidentally ingested during work or recreational activities by human receptors

    Sediment

    Direct contact

    Dermal contact

    Sediment containing chemicals of concern is contacted incidentally during work or recreational activities by human receptors

    Vegetables and fruits from plants

    Soil to crop plant (bioconcentration)

    Ingestion

    Plants that have incorporated chemicals of concern from soil are ingested as food by human receptors

    Fish and shellfish

    Surface water to fish/shellfish tissue (bioconcentration)

    Ingestion

    Fish and shellfish that have incorporated chemicals of concern from surface water are ingested as food by human receptors

    Exposure/ Contact Medium

    Transporting/ Source Medium

    Route of Exposure

    Pathway

    Fish and shellfish

    Food source organisms to fish/shellfish tissue (biomagnification)

    Ingestion

    Fish and shellfish that have incorporated chemicals of concern from food source organisms are ingested as food by human receptors

    Fish and shellfish

    Sediment to fish/shellfish tissue (bioconcentration)

    Ingestion

    Fish and shellfish that have incorporated chemicals of concern from sediment are ingested as food by human receptors  

    Meat, milk and eggs from livestock

    Plants to livestock tissue (biomagnification)

    Ingestion

    Livestock animals that have incorporated chemicals of concern from plants are ingested as food (milk, meat or eggs) by human receptors                                

    Meat, milk and eggs from livestock

    Surface water to livestock tissue (bioconcentration)

    Ingestion

    Livestock animals the have incorporated chemicals of concern from surface water are ingested as food (meat, milk or eggs) by human receptors

    [Comment: Table 2: Potential Ecologic al Exposure Pathways ]

    Exposure/ Contact Medium

    Exposure Route

    Exposure Pathway

    Soil

    Ingestion

    Ingestion of soil containing chemicals of concern by mammals or birds at on or off-property locations

    Soil

    Direct Contact

    Direct contact with soil to plants, soil invertebrates or microorganisms at on or off-property locations

    Surface water

    Ingestion

    Ingestion of surface water containing chemicals or concern by on or off-property mammals or birds

    Surface water

    Direct Contact

    Direct contact with surface water containing chemicals of concern by on or off-property fish or macro-invertebrates

    Sediment

    Ingestion

    Incidental ingestion of sediment containing chemicals of concern by on or off-property mammals or birds 

    Sediment

    Direct Contact

    Direct contact with sediment containing chemicals of concern by on or off-property fish or macro- invertebrates

    Plants

    Ingestion

    Ingestion of plants that may have incorporated chemicals of concern from soil, surface water or sediment by on or off-property mammals or birds

    Soil fauna

    Ingestion

    Ingestion of soil fauna (e.g., insects, earthworms) that may have incorporated chemicals of concern from soil by on or off-property mammals or birds

    (3)          Determination of whether the provisions for protection of ground water meeting unrestricted potable use standards apply.

                            The volunteer must determine whether the provisions contained in paragraph (D)(4) of this rule and paragraph (E) of rule 3745-300-10 of the Administrative Code apply to ground water zones underlying the property. For each ground water zone underlying the property, the volunteer must demonstrate whether the ground water in the zone meets or exceeds unrestricted potable use standards by one of the following methods.

    (a)          Sample the ground water within the zones to determine whether the ground water meets or exceeds unrestricted potable use standards.

                                        Ground water samples must be collected in accordance with paragraph (E) of this rule from one or more ground water monitoring wells located immediately down-gradient of the source area or down- gradient and as close as possible to the source area. The samples must be analyzed by a certified laboratory for the concentrations of the chemicals of concern at the property. The sample analytical results must be compared to the unrestricted potable use standards to determine whether the ground water in the zone(s) underlying the property meets or exceeds the unrestricted potable use standards. The number of sampling events required and the time frame over which the samples must be taken are as follows:

    (i)            The volunteer must collect one or more ground water samples to determine the concentration of the chemicals of concern in the ground water. If more than one ground water sample is collected from a well, the second sample must be collected within forty-eight hours to ninety days after collection of the first ground water sample. To evaluate whether more than one ground water sample is warranted to determine if the ground water meets or exceeds the unrestricted potable use standards, the volunteer must:

    (a)          Collect a minimum of two ground water samples to determine that the ground water in a zone exceeds the unrestricted potable use standards, except as provided in paragraph (D)(3)(a)(ii) of this rule; and

    (b)          Consider all temporal variations that could impact the determination of whether the provisions apply to the ground water zone. If additional ground water sampling events are warranted due to temporal variations, then a sufficient number of additional ground water samples must be collected over an appropriate time period to adequately characterize a representative concentration of the chemicals of concern in ground water. Temporal variations include, but are not limited to:

    (i)            Seasonal variations resulting in either increased or decreased recharge and thus fluctuations in the water table elevation;

    (ii)          Other variations resulting from the impact of geologic heterogeneity (permeability, fractures, etc.), contaminant source heterogeneity or the transient nature of contaminant transport; or

    (ii)          The volunteer may demonstrate that unrestricted potable use standards are exceeded in a ground water zone with one sampling event when concentrations of the first sampling event:

    (a)          Exceed unrestricted potable use standards by at least one order of magnitude; or         

    (b)          Exceed unrestricted potable use standards and historical ground water data at the property indicates that sources on the property have impacted the ground water zone underlying the property in excess of unrestricted potable use standards.

                                        [Comment: If it is necessary to take a ground water sample directly beneath a source area, the volunteer must use methods (e.g., sampling, drilling, and well installation) that will not cause any chemicals of concern to be drawn into a ground water zone due to the monitoring well.]

    (b)          The volunteer may justify that sampling of a ground water zone underlying the property is not necessary to determine that the ground water in the zone does not contain concentrations of any chemicals of concern exceeding unrestricted potable use standards. Based on this justification, the volunteer may apply the provisions for protecting ground water meeting potable use standards contained in paragraph (D)(4) of this rule and paragraph (E) of rule 3745-300-10 of the Administrative Code. As part of this justification, the volunteer must document that it is reasonable to assume ground water does not exceed the unrestricted potable use standards based on a weight-of- evidence approach using relevant property-specific information, including, as necessary:

    (i)            The nature, type, concentration, and mass of the chemicals of concern released, and the time of release(s);

    (ii)          The type, concentration, and mass of chemicals of concern present in the subsurface soil or bedrock above the saturated zone requiring protection or between ground water zones;

    (iii)         The physical and chemical characteristics of the soil or bedrock beneath the property including, but not limited to, the secondary features, soil or bedrock type, heterogeneity of the subsurface soil or bedrock, or the integrity of any confining layers separating ground water zones;

                                        (iv)       The separation distance between the source and ground

    water, or the separation distance between ground water zones;

    (v)        The  results  of  modeling  conducted  in  accordance  with paragraph (F) of this rule, as applicable;

                                        (vi)       The presence or absence of off-property sources that may

    have impacted ground water on, underlying, or emanating from the property. The impact of off-property sources must be determined in accordance with paragraph (D)(10) of this rule; and

                                        (vii)      Any other lines of evidence the volunteer believes support the

    determination that the ground water in a zone underlying the property does not contain concentrations of any chemicals of concern above unrestricted potable use standards.      

               [Comment: In general, ground water zones may be considered to meet unrestricted potable use standards when they underlie a ground water zone that meets unrestricted potable use standards, as determined according to paragraph (D)(3) of this rule, and will continue to meet unrestricted potable use standards in the future, as determined according to paragraph (D)(4) of this rule. This generalization may be applied when it is reasonable to assume that hazardous substances or petroleum could not have been introduced into the underlying ground water zones through subsurface disposal (or some other means) and when off-property sources identified in the "Phase I Property Assessment" have not introduced chemicals of concern into the underlying ground water zones.]

    (4)          Demonstration of continuing compliance with the provisions for protecting ground water meeting unrestricted potable use standards.

    (a)          When the provisions for protecting ground water apply to a ground water zone, the volunteer must demonstrate that chemicals of concern from sources on the property, or environmental media impacted by sources on the property, will not migrate to the ground water zone at concentrations that exceed unrestricted potable use standards.  To demonstrate this, the volunteer must:

    (i)            Demonstrate that the chemicals of concern in the subsurface do not exceed values that would result in unrestricted potable use standards being exceeded in the ground water zone; or

                                                    [Comment: The volunteer may use the leach-based values

    contained  in  the  "Ohio  EPA  Leach-based  Soil  Values Technical Guidance Document", February, 2002 revision, or

    develop property-specific leach-based values in accordance with this rule or rule 3745-300-09 of the Administrative Code.]

                                                    [Comment: Any model used to demonstrate that a ground

    water zone is protected must comply with paragraph (F) of this rule.]

    (ii)          Demonstrate that the provisions for protecting ground water meeting potable use standards will not be violated, using a weight-of-evidence approach. As part of this weight-of- evidence approach, the volunteer must document that it is reasonable to assume the ground water zone will not exceed unrestricted potable use standards in the future using relevant property-specific information, including, as necessary:

    (a)          The nature, type, concentration, and mass of the chemicals of concern released, and the time of release(s);

    (b)          The type, concentration, and mass of chemicals of concern present in the subsurface soil or bedrock above the saturated zone requiring protection or between ground water zones;

    (c)          The physical and chemical characteristics of the soil or bedrock beneath the property including, but not limited to, the secondary features, soil or bedrock type, heterogeneity of the subsurface soil or bedrock, or the integrity of any confining layers separating ground water zones;

    (d)          The separation distance between the source and ground water, or the separation distance between ground water zones;

    (e)          The results of modeling conducted in accordance with paragraph (F) of this rule, as applicable;

    (f)           The presence of man-made structures on the property that reduce or prevent infiltration and leaching of any chemicals of concern to the ground water zone; and

    (g)          Any other lines of evidence the volunteer believes support the determination that the ground water in a zone   underlying   the   property   will   not   exceed

    concentrations of  any  chemicals  of concern  above unrestricted potable use standards.                     

                                                    [Comment: If the volunteer relies on engineering controls to

    prevent or restrict the leaching of chemicals of concern to ground water, then an operation and maintenance plan implemented in accordance with rule 3745-300-15 of the Administrative Code is needed to ensure the engineering controls operate as anticipated and maintain their effectiveness.]

    (b)          If it cannot be demonstrated in accordance with paragraph (D)(4)(a) of this rule that chemicals of concern will not leach or otherwise migrate into the ground water zone(s) underlying the property, the volunteer must implement a remedy in accordance with rule 3745- 300-15 of the Administrative Code that prevents the ground water zone(s) underlying the property from exceeding unrestricted potable use standards.

    (5)          Determination of applicable standards. The volunteer must determine the applicable standards for the property in accordance with this rule and rules 3745-300-08, 3745-300-09, 3745-300-10, and 3745-300-15 of the Administrative Code. Applicable standards must be determined for all chemicals of concern with respect to all exposure pathways determined to be complete under paragraph (D)(2) of this rule for which the volunteer intends to demonstrate compliance with applicable standards in accordance with paragraph (G) of this rule.

    (a)          The volunteer must determine the applicability of generic numerical standards at the property in accordance with paragraph (B)(1)(a) of rule 3745-300-08 of the Administrative Code. If generic direct contact soil standards for commercial or industrial land use are used to meet applicable standards, institutional control(s) must be used to limit the property's land use as described in paragraph (B)(2)(c) of rule 3745- 300-08 of the Administrative Code. The institutional controls must be implemented in accordance with rule 3745-300-15 of the Administrative Code.

    (b)          When a property-specific risk assessment is performed at the property, the volunteer must determine the applicability of standards derived through a property-specific risk assessment conducted in accordance with paragraph (B) of rule 3745-300-09 of the Administrative Code.

    (c)          The volunteer must determine the applicability of any other standards contained in this rule or in rules 3745-300-08, 3745-300-09, 3745- 300-10, or 3745-300-15 of the Administrative Code.

    (d)          The volunteer must consider the performance of a remedy employed at the property when its use is intended to meet or maintain applicable standards. The remedy must be implemented in accordance with rule 3745-300-15 of the Administrative Code.

    (e)          The volunteer does not need to determine applicable standards in accordance with rules 3745-300-08 or 3745-300-09 of the Administrative Code for chemicals of concern when the concentrations of the chemicals of concern on, underlying or emanating from the property are at or below background levels determined in accordance with paragraph (H) of this rule.

    (f)           The volunteer does not need to determine applicable standards for chemicals of concern, if any of the following apply:

    (i)            The chemicals of concern were the result of a de minimis release as defined in paragraph (G) of rule 3745-300-06 of the Administrative Code.

    (ii)          The chemicals of concern are detected in five per cent or fewer samples, when a minimum of twenty samples are collected from any single identified area that has been adjusted or redesignated, as appropriate, in accordance with paragraph (D)(1)(d) of this rule, and the certified professional makes the determination that the detections are spurious. This subparagraph does not apply if the hazardous substance or petroleum is classified as a "Class A", "Class B" or known carcinogen as specified in the integrated risk information system (IRIS). The determination that detections are spurious must include, at a minimum, the following considerations:

    (a)          Historical information reported in the "Phase I Property Assessment" report and other historical data from the property;

    (b)          The  concentration(s)  at  which  the  detections  are reported;

    (c)          The detections do not indicate the presence of previously unknown area(s) of high concentration (i.e. new "hot spots");

                                                                [Comment:  The  discovery  of  new  hot  spots  may

    indicate the presence of identified areas that require adjustment or redesignation in accordance with paragraph (D)(1)(d) of this rule.]

    (d)          The likelihood that the detected constituent(s) are degradation or by-products of chemical(s) of concern on the property; and

    (e)          The  type  of  environmental  media  in  which   the detections are reported.

                                                    [Comment: Paragraph (D)(6)(d)(vi) of this rule requires the

    concentration of chemicals of concern in ground water to be determined separately for each location. Therefore, for the volunteer to apply paragraph (D)(5)(f)(ii) of this rule to the ground water medium, a minimum of twenty sampling events need to be collected at each sampling location (e.g., a single monitoring well).]

    (iii)         The chemicals of concern are demonstrated to be tentatively identified compounds without an indication of historical use on the property or evidence that they might be degradation or by products of constituents used on the property.

                                        (iv)       The   chemicals   of   concern   are   demonstrated   through

    appropriate quality assurance and quality control data to be the result of laboratory contamination.

    (6)          Determination of the concentrations of chemicals of concern in identified areas. The volunteer must determine the concentrations of the chemicals of concern in accordance with paragraphs (D)(6)(a) to (D)(6)(e) of this rule as necessary to make the determinations contained in paragraphs (D)(2) through (D)(10) of this rule. All samples collected in accordance with this paragraph must be analyzed by a certified laboratory.

    (a)          To determine the concentrations of the chemicals of concern in surface water, the volunteer must follow the sampling and analysis criteria contained in paragraph (E)(4) of this rule.   

    (b)          To determine the concentrations of the chemicals of concern in sediments for purposes of comparing the concentrations to the ecotoxicologically-based benchmarks pursuant to paragraph (F)(2)(b) of rule 3745-300-09 of the Administrative Code, the data collected must  be  analyzed  by  a  certified  laboratory  to  determine  its

    representative concentration or maximum concentration in the identified area. For purposes of determining representative or maximum concentrations in identified areas, the volunteer must derive the concentrations in accordance with paragraph (D)(6)(c)(i) of this rule. For purposes of determining the maximum concentrations of chemicals of concern in identified areas, the volunteer must determine the concentrations in accordance with paragraph (D)(6)(c)(ii) of this rule.

    (c)          To determine the concentrations of the chemicals of concern in soil, the data collected must be analyzed by a certified laboratory to determine the representative concentrations or maximum concentrations of the chemicals of concern in the identified area. For purposes of determining representative or maximum concentrations of the chemicals of concern in identified areas, the volunteer must either:

    (i)            Derive the representative concentration by calculating the ninety-five per cent upper confidence limit (UCL) of the arithmetic mean. The ninety-five per cent UCL must be calculated for each data set. Data sets must be comprised of a sufficient number and quality of samples as to derive a normal, log-normal, or other applicable frequency distribution. In addition to meeting the requirements of paragraph (E) of this rule, the volunteer must use techniques for sampling normal or log-normal distributions based on appropriate equations contained in U.S. EPA's supplemental guidance to risk assessment guidance for superfund: "Calculating the Concentration Term" (May 1992), or by other peer-reviewed statistical methodology for normal or log-normal distributions; or

    (ii)          Derive the maximum concentration within the identified area. When information exists which allows the volunteer to reliably bias sampling activities within the identified area to the point of highest concentration, the volunteer may use the maximum concentration in the data set to represent the identified area concentration, provided that a minimum of three or more samples are collected and analyzed by a certif ied laboratory, unless data collection, field testing, field screening and sampling techniques which meet the requirements of paragraph (E)(1)(d) of this rule allow the volunteer to reliably establish the maximum concentration based upon a lesser number of certified laboratory samples.

    (d)          To determine the concentrations of the chemicals of concern in ground water, the volunteer must perform sampling activities in compliance with the following criteria:

    (i)            The method of sample collection must be capable of producing ground water quality appropriate for evaluating the pathway of concern;

    (ii)          The volunteer must collect a sufficient number of samples to adequately characterize a representative concentration of the chemicals of concern in ground water. In determining the number and timing of samples collected, the volunteer must consider temporal variations that could result in an exceedence of applicable standards. Temporal variations include, but are not limited to:  

    (a)          Seasonal variations resulting in either increased or decreased recharge and thus fluctuations in the water table elevation; and

    (b)          Other variations resulting from the impact of geologic heterogeneity (permeability, fractures, etc.) or contaminant source heterogeneity or the transient nature of contaminant transport;

    (iii)         Sample locations must be appropriately located to evaluate all reasonably anticipated pathways to ensure applicable standards will not be exceeded at the point(s) of compliance or receptors based upon:

    (a)          The direction of ground water flow;

                                                    (b)       The size of the plume;

    (c)          The date of the release;

    (d)          Field screening techniques and methods; and

    (e)          Other methods or information, as appropriate.

                                        (iv)       One or more sampling locations must be biased toward the

    location that is, or would be anticipated to be, the area of highest concentration of chemicals of concern. If sample locations cannot be reliably biased towards the area of highest concentration, the volunteer must take samples from a number

    of additional sample locations sufficient to determine the area of highest concentration;

    (v)        All samples collected in accordance with this paragraph must be analyzed by a certified laboratory; and

                                        (vi)       For  purposes  of  determining  com pliance  with  applicable

    standards, the volunteer must evaluate the data from each location separately.

    (e) Non-intrusive or indirect field testing may be used to  assist  in selecting sampling locations, but these techniques must not be used to demonstrate that concentrations of chemical(s) of concern meet or exceed applicable standards.

    (7)          The volunteer must assume that the water in a saturated zone is ground water or must otherwise make a demonstration that the saturated zone falls below the minimum criteria for ground water as that term is defined in paragraph (A) of rule 3745-300-01 of the Administrative Code. If the volunteer chooses to make this demonstration, then the volunteer must:

    (a)          Determine the ground water yield in accordance with paragraph (D)(9) of this rule, using a sufficient number of properly developed wells that are constructed to the minimum standards of a two-inch diameter, five-foot long manufactured screen placed in the saturated zone in a six-inch diameter borehole; or

    (b)          Determine the in situ hydraulic conductivity of the saturated zone using appropriate field test methods. Sampling points must be sufficient in number to represent the hydraulic conductivity of the saturated zone underlying the property.   

               [Comment: Hydraulic conductivity or yield in accordance to paragraph (D)(7) of this rule is necessary to demonstrate that water in a saturated zone is not ground water. If the water in the saturated zone is assumed to be ground water, then hydraulic testing to determine whether the zone contains ground water in accordance with paragraph (D)(7) of this rule is not necessary.]

    (8)          Classify the ground water. To classify the ground water on, underlying, or emanating from the property in accordance with paragraphs (B) and (C) of rule 3745-300-10 of the Administrative Code, the volunteer must conduct the following data collection activities:

    (a)          The volunteer must determine if the ground water on, underlying or emanating from the property is being used. To make the determination, the volunteer must, at a minimum:

    (i)            Identify any visual evidence of ground water use in areas where ground water has or is reasonably anticipated to have concentrations of chemical(s) of concern in excess of unrestricted potable use standards; and

    (ii)          Review Ohio department of natural resources water well log information for the properties on which ground water contains or is reasonably anticipated to contain concentrations of chemical(s) of concern in excess of unrestricted potable use standards.

    (b)          For the purpose of determining that the yield of a saturated zone falls below the criterion for critical resource ground water as described in paragraph (C)(1) of rule 3745-300-10 of the Administrative Code, the yield of the saturated zone must be based on one or more of the following sources of information or methods:

    (i)            The ground water  resource maps published by the Ohio department of natural resources or other published and verified data for the saturated zone being classified; or  

    (ii)          Determined from a sufficient number of properly developed wells constructed to the minimum standards of an eight inch diameter manufactured screen in a twelve-inch diameter borehole, in accordance with paragraph (D)(9) of this rule. The well screen must extend through at least eighty per cent of the thickness of the saturated zone or the volunteer must otherwise demonstrate that shorter screen lengths would not produce yield resulting in a different classification of the ground water.

    (c)          For the purpose of determining that the yield of a saturated zone falls below the criteria for "Class A" ground water in paragraph (C)(2) of rule 3745-300-10 of the Administrative Code, the yield of the saturated zone being classified must be determined in accordance with paragraph (D)(9) of this rule; and

    (i)            For an unconsolidated saturated zone, a determination of yield based on a sufficient number of properly developed wells, that are constructed to the minimum standards of a four-inch diameter  manufactured  screen  in  an  eight-inch  diameter

    borehole or a two-inch diameter manufactured screen in a six- inch diameter borehole. When wells with dimensions of a two- inch diameter manufactured screen in a six-inch diameter borehole are used to determine yield, the yield must be multiplied by a factor of 1.15 for purposes of this paragraph. The well screen must extend though at least eighty per cent of the thickness of the saturated zone or the volunteer must otherwise demonstrate that shorter intake lengths would not produce yield resulting in a different classification of the ground water;

    (ii)          For a consolidated saturated zone that is monitored using wells with screens, a determination of yield based on a sufficient number of properly developed wells, that are constructed to the minimum standards of a four-inch diameter manufactured screen in an eight-inch diameter borehole or a two-inch diameter manufactured screen in a six-inch diameter borehole. When wells with dimensions of a two-inch diameter manufactured screen in a six-inch diameter borehole are used to determine yield, the yield must be multiplied by a factor of 1.15 for purposes of this paragraph. The well screen must extend though at least eighty per cent of the thickness of the saturated portion of the saturated zone or the volunteer must otherwise demonstrate that shorter intake lengths would not produce yield resulting in a different classification of the ground water; or

    (iii)         For a consolidatedsaturated zone that is monitored using wells with open hole intakes, a determination of yield based on a sufficient number of wells that are properly constructed and developed to appropriate minimum standards of an eight-inch diameter borehole or a six-inch diameter borehole. W hen wells with a six-inch diameter borehole are used to determine yield, the yield must be multiplied by a factor of 1.15 for purposes of this paragraph. The open hole intakes must extend though at least eighty per cent of the thickness of the saturated zone or the volunteer must otherwise demonstrate that shorter intake lengths would not produce yield resulting in a different classification of the ground water.

    (d)          For the purpose of comparing the yield of the saturated zone being classified to another saturated zone present below the property in accordance with the criterion of paragraph (C)(2)(c) of rule 3745-300- 10 of the Administrative Code, the yield of the other saturated zone, which is the likely source of water used for potable purposes within

    one mile of the property, must be determined based on the lowest yield of any wells within one mile of the property. If no wells used for potable purposes exist within one mile of the property, the ground water resources maps published by the Ohio department of natural resources may be used to determine the yield of another saturated zone present under the property, which would likely be source of water used for potable purposes within one mile of the property should a well be developed.

               [Comment: When classifying ground water in accordance with paragraphs (B) and (C) of rule 3745-300-10 of the Administrative Code, the volunteer may be required to determine the total dissolved solids value for the ground water on, underlying, or emanating from the property. W hen determining the total dissolved solids value, the volunteer must comply with the requirements of paragraph (E) of this rule.]

    (9)          Determination of ground water yield. Whenever testing is conducted for purposes of determining the yield of a saturated zone underlying a property, the volunteer must conduct sufficient testing to determine the yield that is representative of the amount of ground water available from the saturated zone for potable purposes. The determination must be made in accordance with the following criteria:

    (a)          Temporal considerations.  The volunteer must demonstrate either:

    (i)            The statistical average yield for the aquifer over a twelve month period; or

    (ii)          The maximum yield for the aquifer, provided that yield tests are biased towards the period of the highest yield; and

    (b)          Spatial considerations.   The volunteer must bias the yield testing locations to the area of highest yield.

               (10) Determination of sources or source areas. To determine whether ground water contamination is attributable to sources or source areas located on the property, sources or source areas located off the property, or a combination of the two, the volunteer must conduct ground water sampling sufficient to determine:

    (a)          The sources or source areas located on the property that contribute or contributed to the chemicals of concern in excess of unrestricted potable use standards in ground water on, underlying and emanating from the property;

    (b)          The extent to which on-property sources or source areas have affected the ground water on, underlying, or emanating from the property;

    (c)          If off-property sources or source areas may have affected the ground water on, underlying, or emanating from the property;

    (d)          The extent to which off-property sources or source areas have affected the ground water on, underlying, or emanating from the property; and

    (e)          Compliance with rule 3745-300-10 of the Administrative Code.

    (E) Sampling procedures.

    (1)          The volunteer must establish and employ sampling procedures which satisfy the following:

    (a)          The volunteer must establish and employ data quality objectives which are consistent with U.S. EPA interim final guidance, "Data Quality Objectives Process for Superfund" (September 1993) according to its limitations and intended uses, and the data quality objectives must, at a minimum:

    (i)            Be consistent with the sampling objectives;

    (ii)          Define the most appropriate types and locations of samples to collect;

    (iii)         Determine the most appropriate conditions from which to collect the samples; and

                                        (iv)       Define the quality and quantity of samples to be collected and

    must specify tolerable limits on decision errors which will be used as the basis for establishing the quantity and quality of data needed to support the decision.

    (b)          The volunteer must identify the samples and analytes for which the certified laboratory must analyze and the volunteer must ensure that:

    (i)            The sampling procedures employed at the property are consistent with the sample quality requirements of the certified laboratory; and

    (ii)          The certified laboratory is certified for and capable of performing the analyses that are required for the property, including those necessary for forming the basis of the no further action letter.

                                                    [Comment:  The  volunteer  needs  to  contact  the  certified

    laboratory that is conducting analyses in support of the voluntary action to determine if the applicable standards for the property are within the laboratory's reporting limits. Properties with multiple chemicals of concern must perform a cumulative adjustment following the procedures contained in paragraph (D) of rule 3745-300-08 of the Administrative Code. The cleanup levels calculated by performing this cumulative adjustment may result in chemical concentrations that are below the certified laboratory's reporting limits. The volunteer is responsible for determining that the certified laboratory which performs analyses in support of the no further action letter, is capable of detecting the chemicals of concern on the property at or below the applicable standards.]

    (c)          The volunteer must establish and employ acceptable quality assurance and quality control (QA/QC) procedures when collecting field data during the "Phase II Property Assessment". The field QA/QC procedures must serve to minimize sources of error, minimize the potential for cross contamination, and maximize the representativeness of the data collected, and must, at a minimum, include the following:

    (i)            A review of the laboratory's quality assurance program plan and standard operating procedures for consistency with field QA/QC procedures;

    (ii)          Developed field QA/QC procedures, at a minimum, for such items as:

    (a)          Equipment decontamination;

    (b)          Trip  blanks,  equipment  blanks,  field  blanks,  and duplicates;

    (c)          Calibration of field instruments, which includes procedures for instrument correction and re-calibration when necessary;

    (d)          Documentation and record maintenance;

    (e)          Sample handling, preservation and holding times; and

                                                    (f)         Chain-of -custody.

    (d)          The volunteer must establish and employ data collection, field testing, field screening and sampling techniques. Data collection, field testing, field screening and sampling techniques must be used in a manner that is consistent with achieving the purpose of the "Phase II Property Assessment". The volunteer must use the data collection, field testing, field screening and sampling techniques, according to their limitations and intended uses, contained in the following documents:

    (i)            Documents containing data collection, field testing, field screening and sampling techniques which are demonstrated to:

                                                    (a)       Be field-validated;

    (b)          Be documented and peer-reviewed;

    (c)          Ensure  the  representativeness  of  samples  taken following the technique; and

    (d)          Be proven capable of achieving the data quality needs; or

    (ii)          "Subsurface Characterization and Monitoring Techniques, A Desk Reference Guide. Volume 1: Solids and Ground Water Appendices A and B; Volume II: The Vadose Zone, Field Screening and Analytical Methods Appendices C and D." U.S. EPA, office of research and development, Washington D.C. 20460 (May 1993).

                                                    [Comment: The following guidance may be helpful in selecting

    data collection techniques:

                                                    "Guidance For Data Usability In Risk Assessment", U.S. EPA,

    office of solid waste and emergency response directive 9285. 7-05, EPA/540/G-90/008, October 1990, interim final;

                                                    "Guidelines   and   Specifications   For   Preparing   Quality

    Assurance Project Plans", Ohio EPA, division of emergency and remedial response, policy no. DERR-00-RR-008, March 1990; and

                                                    "Quality Assurance/ Quality Control Guidance For Removal

    Activities:   Sampling   QA/QC   Plan   and   Data   Validation Procedures", interim final, EPA/540/G-90/004, April 1989.]

    (e)          If it is necessary to take a ground water sample directly beneath a source area, the volunteer must use methods that will not cause any chemicals of concern to be drawn into the ground water due to the monitoring well.   

    (2)          Sediment. The volunteer must assess sediment in accordance with the requirements contained in paragraph (F) of rule 3745-300-09 of the Administrative Code.

    (3)          Ground water. The volunteer must follow the methods and procedures according to their limitations and intended uses, contained in the following documents:

    (a)          Documents containing data collection, field testing and sampling techniques which are demonstrated to:

                                        (i)         Be field-validated;

    (ii)          Be documented and peer-reviewed;

    (iii)         Ensure the representativeness of samples taken following the technique; and

                                        (iv)       Be  proven  capable  of  achieving  the  data  quality  needs

    identified in paragraph (E) of this rule; or

    (b)          "Technical Guidance Manual For Hydrogeologic Investigations and Ground Water Monitoring," (Ohio EPA February 1995), except when the application of the "Technical Guidance Manual For Hydrogeologic Investigations and Ground W ater Monitoring" document would be inconsistent with the purpose of the "Phase II Property Assessment" and this chapter.

    (4)          Surface water. When identified areas include or affect surface water, surface water samples must be collected and analyzed in accordance with:

    (a)          Ohio EPA, "Biological Criteria For the Protection of Aquatic Life: Volume II: Users Manual For Biological Field Assessment Of Ohio Surface Waters", October 30, 1987, updated January 1, 1988, amended September 30, 1989; and  

    (b)          Section 3.3 of the "Manual of Ohio EPA Surveillance Methods And Quality Assurance Practices", October 1, 1988, revised December, 1991.

    (F)Use of modeling.

    (1)          The volunteer must identify all models relied upon as part of the "Phase II Property Assessment" activities to determine a property's compliance with applicable standards or used to evaluate remedial activities conducted in accordance with rule 3745-300-15 of the Administrative Code. The modeling must be conducted in accordance with this rule.

                (2)       The model(s) must be:

    (a)          Generally  accepted  within  the  scientific  community  and  peer reviewed, or:

    (i)            Code-verified. To be code-verified, the model must be shown to produce reliable and mathematically accurate results for all functions of the model; and

    (ii)          Scientifically valid for the processes being modeled.

    (b)          Used with assumptions and limitations reasonably consistent with conditions throughout the modeled area. The assumptions and limitations of the computer code, mathematical solution, technology utilized and computer code structure must be consistent with the conditions throughout the modeled area and the application of the model;            

    (c)          Used in a manner consistent with the model's documentation and intended use; and

    (d)          Appropriate  for  the  environmental  media  and  application  being modeled.

    (3)          The modeling must adequately address the intended purpose of the modeling evaluation, such as to show compliance with applicable standards or to evaluate remedial activities conducted in accordance with rule 3745- 300-15 of the Administrative Code. Depending on the intended purpose of the modeling evaluation or type of model, the model may need to be:

    (a)          Calibrated to the geologic, hydrogeologic, or physical conditions throughout the modeled area;

    (b)          Field-validated to determine if favorable comparisons between the modeled, or predicted, conditions and observed field conditions for the area being modeled exist; or

    (c)          Calibrated and field-validated in accordance with paragraphs (F)(3)(a) and (F)(3)(b) of this rule.             

                                        [Comment: In some cases field-validation in accordance with paragraph (F)(3)(b) of this rule may require monitoring under an operation and maintenance plan.]

    (4)          The modeling must be evaluated to determine its sensitivity to the input parameters or other components of the model (e.g. boundary conditions). The volunteer must consider the sensitivity of the input parameters when utilizing a model to determine whether a property meets the applicable standards or when evaluating remedial activities conducted in accordance with rule 3745-300-15 of the Administrative Code. Input parameters or other components of the model determined to be sensitive to the modeling results must be:

    (a)          Based on scientifically-valid conservative assumptions. The inputs must be based on property-specific data, or information from peer- reviewed literature and best professional judgement; or

    (b)          Accounted for through an uncertainty analysis to quantitatively determine compliance with applicable standards or to evaluate remedial activities conducted in accordance with rule 3745-300-15 of the Administrative Code. The inputs for the uncertainty analysis must be:

    (i)            Based on property-specific data collected in accordance with rule 3745-300-07 of the Administrative Code; and

    (ii)          Based on scientifically-valid and appropriate assumptions using either best professional judgement or information from peer-reviewed scientific literature or publications.

    (5)          The modeling evaluation and the results must be documented within the "Phase II Property Assessment" report or within a separate modeling report addressing paragraphs (F)(1) through (F)(4) of this rule. If a separate modeling report is written it must be attached to the "Phase II Property Assessment" report.

                [Comment: The applicability of any given model is dependant upon the correlation between the model's underlying principles and assumptions and the geomorphology

    at the property, both of which must be reported in the no further action letter. Questions regarding the applicability of specific models to a particular property or soil type may be directed to Ohio EPA.]

    (G) Demonstration of compliance with applicable standards.

    (1)          Data collection. The data collected in accordance with paragraphs (D) and (E) of this rule must be sufficient to determine whether applicable standards are met in all identified areas and affected media or to determine that remedial activities conducted in accordance with rule 3745-300-15 of the Administrative Code result in the property complying with applicable standards. This includes data suff icient to assess existing exposure pathways and reasonably anticipated exposure pathways determined to be complete in accordance with paragraph (D)(2) of this rule and all points of compliance for soil, ground water, and other environmental media, including the following:

                            (a)       Points of compliance for soil.

    (i)            Applicable standards based on direct contact with soils. A volunteer must meet and maintain compliance with the direct contact soil standards to the following minimum soil depths:

    (a)          For properties having unrestricted land use or residential land use with no limitations or restrictions, the point of compliance for applicable standards is from the ground surface to a minimum depth of ten feet. The volunteer must comply with applicable standards at depths below ten feet when it is reasonably anticipated that soil will be made available for direct contact through circumstances other than those specified in paragraph (G)(1)(a)(i)(c) of this rule.

                                                                [Comment: The ten foot point of compliance applies if

    land use is or will be unrestricted, that is, the property can be used for whatever the volunteer desires (e.g. homes, park, farmland, etc.). If it is anticipated that the ten foot point of compliance will be breached for any reason, applicable standards appropriate for the activities and the receptors must be met or a remedy must be implemented. A point of compliance less than ten feet may be  used for residential property having institutional controls restricting its land use or other remedial activities implemented in accordance with paragraphs (D)(5) and (G) of this rule and rules

    3745-300-09 and 3745-300-15 of the Administrative Code.]

    (b)          For properties having institutional controls that limit a property's land use and where the institutional controls have been implemented in accordance with rule 3745- 300-15 of the Administrative Code, the point of compliance for applicable standards is from the ground surface to a minimum depth of two feet. The volunteer must comply with applicable standards at depths below two feet when it is reasonably anticipated that soil will be made available for direct contact through circumstances other than those specified in paragraph (G)(1)(a)(i)(c) of this rule.

                                                                [Comment: The two foot point of compliance applies if

    there is or will be a use restriction (institutional control) on the property that limits how the volunteer can use the property (e.g., a restriction that states the property can only be used  for industrial purposes). If it is reasonably anticipated that the two foot point of compliance will be breached for any reason, applicable standards appropriate for the activities and the receptors must be met or a remedy must be implemented in accordance with rule 3745-300-15 of the Administrative Code.]

    (c)          For properties where it is reasonably anticipated that excavation, grading, or other construction activities will occur on the property the volunteer must comply with applicable soil standards for such excavation or construction activities. The point of compliance for applicable standards is from the ground surface to a minimum depth equal to the maximum depth reasonably anticipated for activities at the property.

                                                                [Comment:  Applicable  standards  for  excavation  or

    construction activities can be either generic direct contact soil standards for excavation construction activities, standards derived using a property-specific risk assessment, or background levels determined in accordance with paragraph (H) of this rule.]

    (ii)          Applicable soil standards based on leaching of chemical(s) of concern from soils to ground water.  The point of compliance

    for applicable soil standards based on leaching of chemical(s) of concern from soils to ground water, when such leaching must be prevented in accordance with paragraph (E) of rule 3745-300-10 of the Administrative Code, is the depth from the ground surface to the top of the ground water zone requiring protection in accordance with paragraphs (D)(3) and (D)(4) of this rule.

    (iii)         Applicable soil standards based on other identified complete exposure pathways. The point of compliance for applicable soil standards developed pursuant to rule 3745-300-09 of the Administrative Code for complete exposure pathways identified in paragraph (D)(2) of this rule, other than those identified in paragraphs (G)(1)(a)(i) and (G)(1)(a)(ii) of this rule, must be determined so that the exposure to receptors is appropriately addressed.

                                                    [Comment: Other identified complete exposure pathways for

    chemicals of concern in soil to receptor populations may include but are not limited to volatile emissions of chemicals of concern in soil to indoor air or the migration of chemicals of concern in soil to surface water or sediments.]

    (b)          Points of compliance for ground water. The points of compliance for each ground water zone on, underlying or emanating from a property must be determined in accordance with paragraphs (E) and (F) of rule 3745-300-10 of the Administrative Code.

                                        [Comment: Ground water response requirements determine the applicable points of compliance for ground water and the different pathways and receptors that must be addressed. Ground water response requirements depend upon: (1) the classification of the ground water zone; (2) whether the source of chemicals of concern in ground water are on or off the property; and (3) whether or not the property is within an urban setting designation. The ground water response requirements require the volunteer to address all on- property complete exposure pathways including, but not limited to, the potable use pathway and the volatile emissions from ground water to indoor air pathway. An urban setting designation only alters off- property ground water response requirements for the potable use pathway. In addition, unless the source of the chemicals of concern originates from off-property, all non-potable use pathways must be addressed off-property including, but not limited to, the ecological pathways and the volatile emissions from ground water to indoor air pathway.  The off-property response requirements apply regardless

    of the ground water classification and whether the property is within an urban setting designation.]

    (c)          Points of compliance for other environmental media. The points of compliance for each complete exposure pathway identified in paragraph (D)(2) of this rule for each environmental medium other than those identified in paragraphs (G)(1)(a) and (G)(1)(b) of this rule, must be determined in accordance with the procedures in rule 3745- 300-09 of the Administrative Code.

    (2)          Data analysis. The volunteer must verify the assumptions and applicability of models, statistical methods, or any other data analysis method(s) used for determining compliance with applicable standards, determining the concentration of chemical(s) of concern, deriving applicable standards, or demonstrating the effectiveness of a remedial activity. At a minimum, the following must be demonstrated.

    (a)          Models were used in accordance with paragraph (F) of this rule;

    (b)          Statistical methods used are appropriate and valid for their intended use;

    (c)          Adjustment of applicable standards for multiple chemicals of concern was conducted in accordance with rules 3745-300-08 and 3745-300- 09 of the Administrative Code, if applicable;

    (d)          If laboratory data from prior "Phase II Property Assessments" or studies not conducted in accordance with this rule are used to partially meet the requirements of this rule, the data must be confirmed in accordance with paragraph (D)(1)(a)(iv) of this rule. The volunteer must demonstrate in the "Phase II Property Assessment" report how the non-certified laboratory data was confirmed using certified laboratory data; and

    (e)          If applicable standards were not determined for chemicals of concern on the property because the chemicals of concern meet the criteria of paragraph (D)(5)(f) of this rule, the volunteer must demonstrate in the "Phase II Property Assessment" report how the criteria are met.

                (3)       Compliance with applicable standards.

    (a)          The volunteer must verify compliance with applicable standards for all existing exposure pathways and reasonably anticipated exposure pathways  determined  to  be  complete  in  accordance  with  the

    must implement a remedy pursuant to paragraph (G)(4)(b) of this rule.

    (b)          To verify compliance with applicable standards, the volunteer must compare the concentration of each chemical of concern determined in accordance with paragraph (D)(6) of this rule to the applicable standard identified in paragraph (D)(5) of this rule. Compliance with an applicable standard is verified if the concentration of each chemical of concern does not exceed the applicable standard.

                            [Comment: Applicable standards may include but are not limited to standards derived from generic numerical standards, background levels determined in accordance with paragraph (H) of this rule, a property-specific risk assessment, or a combination of these standards. If generic direct contact soil standards for commercial or industrial land use are used to meet applicable standards, institutional control(s) must be used to limit the property's land use as described in paragraph (B)(2)(c) of rule 3745-300-08 of the Administrative Code. The institutional control(s) must be implemented in accordance with rule 3745-300-15 of the Administrative Code.]

                (4)       Implementation of remedial activities.

    (a)          If concentration(s) of chemical(s) of concern exceed applicable standards for any existing exposure pathway or reasonably anticipated exposure pathway determined to be complete in accordance with (D)(2) of this rule, the volunteer must implement a remedy in accordance with rule 3745-300-15 of the Administrative Code. If the applicable point(s) of compliance for environmental media at the property cannot be met or maintained, the volunteer must implement a remedy in accordance with rule 3745-300-15 of the Administrative Code.

    (b)          If compliance with applicable standards cannot be determined or is not determined for an existing exposure pathway or reasonably anticipated exposure pathway determined to be complete in accordance with paragraph (D)(2) of this rule, the volunteer must implement a remedy in accordance with rule 3745-300-15 of the Administrative Code. The volunteer must demonstrate that the remedy renders the pathway incomplete as to all potential receptors and that all points of compliance as specified in paragraph (G)(1) of this rule have been addressed.

                            [Comment: The following guidance may be helpful in determining compliance with applicable standards. Both of these documents are summarized in "An Overview of Methods For Evaluating the Attainment of Cleanup Standards

    For Soils, Solid Media, and Groundwater, EPA", R.O. Gilbert, T.LE Gore, RF. O'Brien, (January 1996). The first document is "Methods For Evaluating the Attainment of Cleanup Standards, Volume 1 Soils and Solid Media." EPA 230/02-89-042, U.S. EPA office of policy, planning, and evaluation, Washington, D.C.; 1989.  The second document

                            is "Methods For Evaluating the Attainment of Cleanup Standards, Volume 2: Ground Water." EPA 230-R-92-014, U.S. EPA office of policy, planning, and evaluation, Washington, D.C.; 1992.]

    (H)Determination of background levels

    (1)          Background levels in soil. If the background levels, as determined in accordance with this rule, for a chemical of concern do not meet the applicable standard derived for the property in accordance with rule 3745- 300-08 or 3745-300-09 of the Administrative Code, the volunteer can select, as the applicable  standard, a comparison demonstrating that the concentration of any such chemical of concern on the property is at or below background levels. However, if soil background levels are not determined for the property consistent with either this paragraph or paragraph (H)(2) of this rule, background levels may not constitute the applicable standards for soils.

    (a)          Background level samples may be taken in areas not identified in paragraph (H)(1)(b) of this rule. When determining background levels in soils, the samples must be taken in soil media native to the property. Native fill may be used for determining background levels when the native fill was not moved from or is not currently in an area described in paragraph (H)(1)(b) of this rule. If no areas on a property are appropriate under this rule to sample for background, to determine background levels, the volunteer may collect samples from a nearby, representative off-property location which would meet the requirements of this paragraph.

    (b)          The following areas are inappropriate to sample when determining background levels:

    (i)            The following types of fill areas:

                                                    (a)       Engineered fill,

                                                    (b)       Structural fill, or

                                                    (c)        Industrial fill;

    (ii)          Areas in which management, treatment, handling, storage or disposal activities of any of the following are known or suspected to have occurred:

    (a)          Hazardous substances or petroleum,

    (b)          Solid or hazardous wastes,

                                                    (c)        Waste waters, or

    (d)       Material handling areas;

    (iii)         Areas within three feet of a roadway. This restriction only applies when the chemicals of concern is one that would normally be associated with the activities conducted on the roadway;

                                                    [Comment: For example, a volunteer may not sample within

    three  feet  of  a  roadway when  the  volunteer  is  trying to determine a background level for lead.]

                                        (iv)       Parking lots and areas surrounding parking lots or other paved

    areas. This restriction only applies when the chemicals of concern is one that would normally be associated with the activities conducted in the parking lots;

    (v) Railroad tracks or railway areas or other areas affected by their runoff. This restriction only applies when the chemicals of concern is one that would normally be associated with the activities conducted on or around the railroad tracks;

                                        (vi)       Areas  of  concentrated  air  pollutant  depositions  or  areas

    affected by their runoff;

                                        (vii)      Storm  drains  or  ditches  presently  or  historically  receiving

    industrial or urban runoff; or

                                        (viii)     Spill areas.

    (c)          Background levels must be representative of the zones or depth intervals to which the background levels may be applied, and

    (d)          The following method must be followed to determine a representative numerical value for background levels in soils at a property:

    (i)            Collecting background level samples. At a minimum, eight soil sampling points must be taken to represent a background level within each zone, or soil horizon which will be compared to samples taken to determine the concentrations of chemical(s) of concern in identified areas.

    (ii)          Determining the numerical value for background concentrations for chemicals of concern at the property. The statistical method that must be applied to establish background concentrations is as follows:

    (a)          The background mean, referred to as:

                                                                must be calculated by dividing the sum of the total

    background readings by the total number of background readings:

               

    (b)          The background standard deviation, referred to as:

     

    must be calculated by taking the square root of

     

     

    the sum of the squares of each reading minus the mean, divided by the degrees of freedom, which is the total number of background samples minus one:

                 

               

    (c)          The coefficient of variation, referred to as "Cv" must be calculated by dividing the background standard deviation by the background mean:

     

                                                                The coefficient of variation is used as a means to

    evaluate the data distribution. Normally distributed background data should generally have "Cv" less than 0.5 for granular soils, and less than 0.75 for cohesive soils, or an explanation accounting for higher "Cv" values. If the "Cv" exceeds 1.0 and the volunteer determines that the data are not distributed normally, the data may be normalized by an appropriate transformation and a maximum allowable limit may be calculated for the transformed data in accordance with paragraph (H)(1)(d)(ii)(d) of this rule. If "Cv" exceeds 1.0 then the volunteer must conduct a thorough evaluation to account for this variability. If the "Cv" exceeds 1.0 and the volunteer determines that a data point does not accurately represent background conditions or if a QA/QC problem exists which has invalidated the data point, the invalidated and inaccurate data points may be dropped, or additional samples must be collected and analyzed to ensure a sufficient representative data population is maintained.

    background data as the maximum allowable limit or upper limit.

                                                                Where  "2  *  sb"  represents  two  times  the  standard

                                                                Compare each sample point to the calculated maximum

    allowable limit or upper limit analyzed from background data.

                                                                If  a  value  is  found  to  be  an  outlier  which  is  not

    representative of background conditions, it may be replaced by another sample that is not an outlier to maintain at least eight samples for the background determination for soils.

                                                                If  data  are  not  normally  distributed  or  cannot  be

    normalized by an appropriate technique, alternative statistical comparisons between sample background data may be applied with consultation with an Ohio EPA

    division   of   emergency   and   remedial   response representative.

    (2)          Determination of soil background levels from off-property investigations. Upon demonstration that it is not possible to find sampling locations in accordance with paragraph (H)(1) of this rule, the volunteer may use information from off-property investigations in accordance with this paragraph to determine the background concentrations of chemical(s) of concern at the property. When evaluating the applicability of the data collected as part of the off-property investigation, the criteria contained in paragraphs (H)(1)(b) and (H)(1)(c) of this rule must be satisfied in order to consider the data as potentially applicable for determining background levels in soils for the purposes of this rule. In addition, if the information is not representative of conditions at the property, the volunteer cannot use this method to demonstrate background levels in soil. Appropriate off-property investigations that may be used for the purposes of this paragraph include investigations using data demonstrated to be reliable and representative of background levels for the property. At a minimum, to be reliable and representative, the investigations must:

    (a)          Be conducted on soil that is representative of the soil type at the property for which the background level is being determined and are located within or immediately adjacent to the state of Ohio;

    (b)          Employ data demonstrated to be reliable and representative that at a minimum meet the following criteria;

    (i)            Employ data quality objectives consistent with paragraphs (E)(1)(a)(i) through (E)(1)(a)(iv) of this rule;

    (ii)          Employ QA/QC procedures that serve to minimize sources of error and the potential for cross contamination of field samples, and maximize the representativeness of the data collected; and

    (iii)         Employ data collection and sampling techniques that are consistent with the criteria listed in paragraphs (E)(1)(d)(i)(a) through (E)(1)(d)(i)(d) of this rule; and

    (c)          Employ methods for calculating background levels consistent with the methods described in paragraph (H)(1)(d) of this rule or otherwise use methods that are demonstrated to be statistically verifiable.

                            [Comment: Appropriate  investigations  may  include:    (1) peer-reviewed information; (2) research reports generated or sponsored by local, state, or

    federal agencies; or (3) college or university research reports including theses and dissertations.]

                (3)       Ground water background levels.

    (a)          Property-specific determination of ground water background levels. If the background levels, as determined in accordance with this rule, for a chemical of concern do not meet the applicable standard derived for the property in accordance with rule 3745-300-08 or 3745-300-09 of the Administrative Code, the volunteer can select, as the applicable standard, a comparison demonstrating that the concentration of any such chemical of concern on the property is at or below background levels. To determine background levels in ground water, samples must be taken up-gradient at appropriate locations and depths which are unaffected by anthropogenic sources of contamination. Background sampling points may include points not hydraulically up- gradient of the identified area(s) where:

    (i)            Hydrogeologic  conditions  do  not  allow  the  volunteer  to determine which direction is hydraulically up-gradient; or

    (ii)          Sampling at other points will provide an indication of background ground water quality that is representative or more representative than that provided by the up-gradient points.

    (b)          The number and kind of samples collected to establish background in ground water must be:

    (i)            Appropriate for the method used for determining whether concentrations of chemical(s) of concern exceed background, following generally accepted principles; and

    (ii)          As large as necessary to ensure with reasonable confidence that a contaminant release to the ground water from a property will be detected.

    (c)          The method chosen must be applied separately for each chemical of concern and must comply with the following performance standards:

    (i)            Capable of accounting for data below the limit of detection using the lowest practical quantitation limit (PQL) that can be reliably achieved within specified limits of precision and accuracy during routine laboratory operating conditions that are available to the volunteer. The "PQL" must be below the potable ground water standard;

    (ii)          Contain procedures to control or correct for seasonal and spatial variability as well as temporal correlation in the data;

    (iii)         Should a statistical method be chosen, the method must be appropriate for the distribution of chemical parameters or hazardous constituents. If the distribution is shown to be inappropriate for a normal theory test, then the data must be transformed or a distribution-free theory test must be used. If the distributions for the chemicals of concern differ, more than one statistical method may be needed; and

                                        (iv)       Complies with the performance standards set in: "U.S. EPA

    Statistical Analysis of Ground Water Monitoring Data at RCRA Facilities," Interim Final Guidance, April 1989 or "U.S EPA Addendum to the Interim Final Guidance For Statistical Analysis of Ground W ater Monitoring at RCRA Facilities," April 1992.

    (4)          Determination of ground water background levels from off-property investigations. Upon demonstration that it is not possible to find sampling locations in accordance with paragraph (H)(3) of this rule, the volunteer may use information from off-property investigations in accordance with this paragraph to determine the background concentrations of chemical(s) of concern at the property. When evaluating the applicability of the data collected as part of the off-property investigation, the criteria contained in paragraphs (H)(3)(b) and (H)(3)(c) of this rule must be satisfied in order to consider the data as potentially applicable for determining background levels in ground water for the purposes of this rule. In addition, if the information is not representative of conditions at the property, the volunteer cannot use this method to demonstrate background levels in ground water. Appropriate off-property investigations that may be used for the purposes of this paragraph include investigations using data demonstrated to be reliable and representative of background levels for the property. At a minimum, to be reliable and representative, the investigations must:

    (a)          Be conducted on soils and ground waters representative of the soil type, ground water conditions, and saturated zone at the property for which the background level is being determined and are located within or immediately adjacent to the state of Ohio;

    (b)          Employ data demonstrated to be reliable and representative and at a minimum meet the following criteria;

    (i)            Employ data quality objectives consistent with paragraphs (E)(1)(a)(i) through (E)(1)(a)(iv) of this rule;

    (ii)          Employ QA/QC procedures that serve to minimize sources of error and the potential for cross contamination of field samples, and maximize the representativeness of the data collected; and

    (iii)         Employ data collection and sampling techniques that are consistent with the criteria listed in paragraphs (E)(1)(d)(i)(a) through (E)(1)(d)(i)(d) of this rule; and

    (c)          Employ   methods    for   calculating   background     levels   that    are demonstrated to be statistically verifiable.

                            [Comment: Appropriate investigations may include: (1) the Ohio ambient ground water quality monitoring network database; (2) peer-reviewed information; (3) research reports generated or sponsored by local, state, or federal agencies; or (4) college or university research reports including theses and dissertations.]

    (5)          If background levels in soil or ground water cannot be determined using paragraphs (H)(1) through (H)(4) of this rule, background levels cannot be used as the applicable standards for either the soil or ground water.

    (I)            A volunteer must complete a "Phase II Property Assessment" written report that at a minimum includes:

    (1)          An introduction identifying the property, including the legal description of the property; the dates over which the "Phase I Property Assessment" and the "Phase II Property Assessment" were conducted and the date that the written report for each was finalized; and the name and job title of each person conducting the "Phase II Property Assessment";

    (2)          A summary of any amendment to the "Phase I Property Assessment" required by paragraph (D)(1)(a) of this rule;

    (3)          A statement of the limitations or qualifications, if any, which impact the "Phase II Property Assessment";

    (4)          A summary of the data collection activities conducted under paragraph (D)(1) of this rule and the data derived as a result of these activities;

    (5)          A summary of the rationale for the sampling and testing activities conducted in accordance with the requirements of this rule;

    (6)          A summary of the determinations made under paragraphs (D)(2) to (D)(10) of this rule and a summary of the rationale for the determinations made under paragraphs (D)(2) to (D)(10) of this rule;

    (7)          A summary of the sampling procedures employed in accordance with paragraph (E) of this rule;

    (8)          A summary of the background determination activities, if any, conducted under paragraph (H) of this rule;

    (9)          A summary of any models used in accordance with paragraph (F) of this rule and inclusion of the documentation required by paragraph (F)(5) of this rule;

               (10) A discussion of whether the property complies with applicable standards and whether remedial activities have been or are being implemented to meet or maintain applicable standards in accordance with rule 3745-300-15 of the Administrative Code, and a summary of the applicable standards demonstration conducted in accordance with paragraph (G) of this rule;

               (11) A bibliography of references which identifies, to the extent available, the description, date, source, and location of the documents reviewed as part of the "Phase II Property Assessment" and the identification of all laboratories that performed analyses as part of the "Phase II Property Assessment";

                (12)     Appendices for appropriate supporting documentation;

               (13) If an urban setting designation is being relied upon in part to address potable use pathway(s), a summary of the activities conducted in accordance with paragraph (D)(3) of rule 3745-300-10 of the Administrative Code;

               (14) If a property-specific risk assessment was conducted to determine applicable standards, a copy of the written risk assessment report must be attached to the "Phase II Property Assessment" report; and

               (15) A property map indicating the locations of the identified areas at the property, and the concentration and physical distribution of the chemical(s) of concern identified in environmental media on, underlying or emanating from the property.

    Effective:

    Certification:                             

    Date:                                         

    Promulgated under: RC Chapter 119. Rule amplified: RC Chapter 3746.

    Rule authorized by: RC Chapter 3746.04 Prior effective dates: December 16, 1996 ORC 119.032 review date: