Ohio BUSTR - Underground Storage Tank Regulations Overview

What Is BUSTR?

The Bureau of Underground Storage Tank Regulations (BUSTR) is a division of the Ohio Department of Commerce, Division of State Fire Marshal. Created in 1987, BUSTR administers Ohio’s federally-approved underground storage tank (UST) program under OAC Chapter 1301:7-9.

BUSTR’s mission is to protect human health and the environment from regulated UST releases. The program covers two primary areas: preventing and detecting petroleum and hazardous substance releases from USTs, and overseeing corrective actions when releases occur.

BUSTR is not part of Ohio EPA. This is a common source of confusion - BUSTR operates under the State Fire Marshal, while the VAP operates under Ohio EPA’s Division of Environmental Response and Revitalization (DERR). The two programs have different rules, different standards, and different oversight processes.

What Does BUSTR Regulate?

BUSTR regulates underground storage tank systems that store petroleum or hazardous substances where at least 10% of the total system volume (including piping) is beneath the ground surface.

Regulated UST Systems

• Petroleum USTs (gasoline, diesel, kerosene, fuel oil, used oil)
• Hazardous substance USTs (non-petroleum chemicals stored underground)

Exempt UST Systems

• Farm or residential tanks with capacity of 1,100 gallons or less storing motor fuel for noncommercial purposes
• Heating fuel tanks consumed on the premises where stored
• Septic tanks
• Pipeline facilities regulated under federal pipeline safety laws
• Surface impoundments, pits, ponds, or lagoons
• Stormwater or wastewater collection systems
• Flow-through process tanks
• Emergency spill or overflow containment tanks

Partially Exempt UST Systems

• USTs storing heating fuel that is not consumed on the premises - these are regulated for closure and corrective action but exempt from some operational requirements

The BUSTR Process

UST Registration and Permitting

All regulated USTs in Ohio must be registered with BUSTR. Owners/operators must obtain permits for installation, modification, and closure of UST systems. BUSTR maintains a database of all registered USTs in the state.

Release Detection

Owners/operators are required to implement release detection methods for both tanks and piping. Methods include automatic tank gauging, statistical inventory reconciliation, interstitial monitoring, and line leak detectors. The specific requirements depend on the type of UST system and when it was installed.

Release Reporting

When a release is confirmed or suspected, the owner/operator must notify BUSTR within 24 hours. This triggers the corrective action process.

UST Closure

UST closures fall into several categories:

Permanent Removal - The UST is physically removed from the ground. This is the most common closure method. A closure assessment (soil and groundwater sampling) is required.

Closure-in-Place - The UST is cleaned, filled with inert material (sand, concrete, or foam), and left in the ground. This requires BUSTR approval and a closure assessment.

Out-of-Service (OOS) - The UST is temporarily taken out of service. An OOS permit is required and must be renewed annually. If the UST remains OOS for more than 12 months without a renewal, a closure assessment is required.

Change-in-Service - The UST is converted to store a non-regulated substance. Requires a closure assessment.

Closure Assessment

Every UST closure requires a closure assessment that includes soil and groundwater sampling. The analytical results are compared to the BUSTR closure action levels (Table 2.2 of the TGM). The closure assessment assumes:

• Residential land use
• Groundwater is a drinking water source
• Depth to groundwater is less than 15 feet
• Soil is Class 1 (the most conservative assumption)

If all results are below the closure action levels, BUSTR issues a No Further Action (NFA) letter. If results exceed closure action levels, the site enters the corrective action process.

See: BUSTR Closure Action Levels

Corrective Action Process

When a release is confirmed (either through closure assessment or release detection), the corrective action process follows a tiered approach under OAC 1301:7-9-13.

Tier 1 - Initial Site Assessment

The first step is determining the nature and extent of contamination. This involves:

1. Identifying chemicals of concern (COCs) based on the petroleum product stored (gasoline, diesel, used oil, etc.)
2. Classifying the soil type (Class 1, 2, or 3)
3. Determining groundwater status - is it a drinking water source? What is the depth?
4. Delineating contamination to the BUSTR delineation levels (Table 3.3 of the TGM)
5. Comparing results to action levels for all applicable pathways

The applicable pathways depend on the groundwater scenario:

Drinking Water Scenario (groundwater is a drinking water source):

• Direct contact
• Groundwater ingestion
• Groundwater to indoor air
• Groundwater to outdoor air
• Soil to drinking water leaching
• Soil to indoor air
• Soil to outdoor air
• TPH action levels

Non-Drinking Water Scenario:

• Direct contact
• Groundwater to indoor air
• Groundwater to outdoor air
• Soil to indoor air
• Soil to outdoor air
• Soil to non-drinking water leaching
• TPH action levels

No Groundwater Scenario:

• Direct contact
• Soil to indoor air
• Soil to outdoor air
• TPH action levels

Tier 2 - Site-Specific Assessment

If Tier 1 action levels are exceeded, the owner/operator may develop site-specific action levels using the BUSTR-Screen spreadsheet tool. This allows modification of default assumptions based on actual site conditions (measured soil properties, depth to groundwater, building characteristics, etc.).

Tier 3 - Risk Assessment

If Tier 2 site-specific levels are still exceeded, a full site-specific risk assessment may be conducted. This is less common and significantly more expensive.

Corrective Action

If contamination exceeds the applicable action levels, remediation is required. Common corrective action methods at petroleum UST sites include:

• Soil excavation and disposal or treatment
• Soil vapor extraction (SVE)
• Groundwater pump-and-treat
• In-situ chemical oxidation (ISCO)
• Monitored natural attenuation (MNA) - for dissolved-phase plumes that are stable or shrinking
• Free product recovery - required whenever LNAPL (free product) is present

See: BUSTR Corrective Action Standards

BUSTR vs. VAP - Key Differences

This is one of the most common points of confusion in Ohio environmental work. Here’s how the two programs compare:

	BUSTR	VAP
Regulatory authority	State Fire Marshal (OAC 1301:7-9)	Ohio EPA (OAC 3745-300)
Scope	Petroleum releases from regulated USTs only	Any contamination at any property
Standards	BUSTR action levels (TGM Tables 2.2, 3.3-3.9)	VAP generic numerical standards (CIDARS)
Soil classes	3 classes (Class 1, 2, 3)	Not soil-class dependent
TPH standards	Yes - by carbon fraction (C6-C12, C10-C20, C20-C34)	No VAP-specific TPH standards
Depth to GW	Action levels vary by depth (< 15 ft, 15-30, 31-50, > 50)	Not depth-dependent
Land use	Residential vs. non-residential	Residential, commercial/industrial, construction worker
Liability release	NFA letter (no Covenant Not to Sue)	Covenant Not to Sue from Ohio EPA Director
Cost	Generally less expensive for petroleum sites	More comprehensive but more expensive
Oversight	BUSTR reviews closure reports and corrective action	CP-directed, Ohio EPA reviews NFA

Important: The BUSTR action levels are not interchangeable with VAP standards. They were derived using different assumptions, different exposure parameters, and different risk models. A site that passes BUSTR closure action levels may not meet VAP standards for the same contaminants, and vice versa.

A property with a petroleum release can be addressed under either BUSTR or the VAP, but not both simultaneously for the same release. BUSTR is typically the more cost-effective path for straightforward petroleum UST cleanups. The VAP provides a broader liability release (the CNS) that BUSTR does not offer.

Petroleum Contaminated Soil (PCS)

BUSTR has specific rules for managing petroleum contaminated soil under OAC 1301:7-9-16 and 17. Soil excavated during UST closures or corrective actions is presumed to be PCS and must be handled accordingly unless analytical data demonstrates concentrations are below re-use action levels.

PCS management options include on-site treatment (landfarming, biopiles), disposal at a licensed facility, or re-use if concentrations are below applicable re-use action levels.

Financial Responsibility and the Petroleum UST Release Compensation Fund

Ohio law requires UST owners/operators to demonstrate financial responsibility for corrective action and third-party liability. For most UST owners in Ohio, this is satisfied through the Petroleum Underground Storage Tank Release Compensation Board (PUSTRCB) and its fund, commonly called the Petroleum Fund or PUSTRCAF.

The fund reimburses eligible UST owners for corrective action costs resulting from petroleum releases, subject to:

• A per-occurrence deductible (currently $55,000 for most owners)
• A per-occurrence cap ($1 million for corrective action, $1 million for third-party claims)
• Compliance with UST registration and fee payment requirements - you must have been current on your annual tank fees to be eligible
• Following BUSTR’s corrective action process (you can’t freelance the cleanup and then seek reimbursement)

In practice, the Petroleum Fund is how the majority of UST cleanups in Ohio get paid for. The deductible means the tank owner covers the first $55K, then the fund picks up the rest up to the cap. This is why BUSTR corrective action typically follows the TGM closely - deviating from BUSTR’s process can jeopardize fund eligibility.

Key point for consultants: If your client is an eligible tank owner, structure your work plan around BUSTR’s requirements from day one. Submitting work products that don’t align with the TGM or BUSTR’s expectations can delay reimbursement or result in denied claims.

For owners who are not eligible for the Petroleum Fund (lapsed fees, unregistered tanks), the full cost of corrective action falls on the responsible party.

Responsible Parties

BUSTR can hold several parties responsible for corrective action costs:

• Current UST owner - the person or entity who owns the UST system at the time of the release or discovery
• Current UST operator - the person responsible for daily operation of the UST system
• Former UST owner/operator - can be held responsible if the release occurred during their ownership/operation
• Property owner - even if they didn’t own or operate the UST, property owners can be drawn into corrective action obligations

In practice, responsibility usually falls on whoever owned the tank when the release occurred. If that party is defunct or cannot be located, BUSTR may pursue the current property owner. Properties where no responsible party can be identified or is financially viable may be classified as orphan sites.

Site Prioritization

BUSTR prioritizes corrective action sites using a classification system based on risk:

• Class A (High Priority) - confirmed exposure or imminent threat to human health. Examples: contaminated drinking water wells, vapor intrusion into occupied buildings, free product migration to sensitive receptors
• Class B (Moderate Priority) - contamination confirmed but no current exposure pathway. Groundwater is impacted but no drinking water wells are affected. Plume is not migrating toward receptors
• Class C (Low Priority) - contamination is limited in extent, stable or decreasing, and no receptors are threatened. Many Class C sites are candidates for monitored natural attenuation

The classification determines how quickly BUSTR expects corrective action to proceed and how much oversight BUSTR provides. Class A sites get the most attention; Class C sites may sit in monitoring for years.

When BUSTR and VAP Overlap

A petroleum UST site can be addressed under either BUSTR or the VAP, but understanding when each applies - and when a site transitions between them - matters.

BUSTR only: Most straightforward UST closures and petroleum releases stay under BUSTR from start to finish. The tank owner reports the release, hires a consultant, follows the TGM, and gets a BUSTR NFA. This is the cheapest and fastest path for a simple petroleum site.

VAP instead of BUSTR: A property owner may choose to enter the VAP instead of (or in addition to) the BUSTR program if they want a Covenant Not to Sue - which BUSTR does not provide. The BUSTR NFA letter confirms cleanup is complete, but it does not offer the same legal liability protection as a VAP CNS. For property transactions where the buyer or lender wants maximum liability protection, the VAP may be preferred even for a petroleum site.

Transition from BUSTR to VAP: Some sites start under BUSTR but transition to the VAP. Common reasons include discovering non-petroleum contamination during a UST closure (chlorinated solvents, metals) that falls outside BUSTR’s scope, or a property transaction that requires a CNS. When this happens, the VAP CP must evaluate the entire property under VAP standards - not just the petroleum contamination.

Both programs, different issues: A property can have a BUSTR case for the petroleum UST release and a separate VAP case for non-petroleum contamination. The two programs run in parallel with different standards, different oversight agencies, and different endpoints.

Key Contacts and Resources

• BUSTR Homepage - Program information, forms, database search
• BUSTR 2017 Technical Guidance Manual - Full corrective action and closure guidance
• OAC 1301:7-9 - Full program rules
• BUSTR office: 614-752-7938
• BUSTR address: 8895 East Main Street, Reynoldsburg, OH 43068

All BUSTR Standards Pages

• BUSTR Closure Action Levels
• BUSTR Corrective Action Standards
• Ohio VAP Program Overview - For comparison with the VAP program