Ohio Administrative Code
Title 1501:9 - Division of Mineral Resources Management - Oil and Gas
Chapter 1501:9-3 - Saltwater Operation
Section 1501:9-3-05 - Permit to construct a class II disposal well and a surface facility
Universal Citation: OH Admin Code 1501:9-3-05
Current through all regulations passed and filed through September 16, 2024
This rule applies to a new permit to construct a class II disposal well and a surface facility, a new permit to construct a class II disposal well, a new permit to convert a well to a class II disposal well and construct a surface facility, or a new permit to convert a well to a class II disposal well. A class II disposal well and a surface facility shall be designed, constructed, and operated in a manner that protects public health and safety and the environment. Compliance with this rule does not eliminate the requirement that a person comply with any other applicable laws.
(A) Area of review.
(1)
The division will
conduct an area of review evaluation for a proposed class II disposal well upon
receipt of an application for a permit to drill, reopen, deepen, plug back, or
convert a well for brine disposal. The area of review is determined in
accordance with one of the following:
(a)
The area of
review for wells in which disposal is proposed to be less than an average
volume of two hundred barrels per day per year will be the area circumscribed
by a one-half mile distance from the center of the wellbore along its entire
length;
(b)
The area of review for wells in which disposal is
proposed to be greater than an average volume of two hundred barrels but less
than one thousand barrels per day per year will be the area circumscribed by a
one-mile distance from the center of the wellbore along its entire
length;
(c)
The area of review for wells in which disposal is
proposed to be greater than an average volume of one thousand barrels per day
per year, will be the area circumscribed by a two-mile distance from the center
of the wellbore along its entire length; or
(d)
An area of review
other than one established in paragraph (A) (1), (A) (2), or (A) (3) of this
rule may be designated by the chief.
(2)
Wells in the area
of review and all of available records for each well will be reviewed by the
division and the applicant. A well in the area of review needs corrective
action in any of the following circumstances:
(a)
The wellbore
penetrates the proposed injection zone or the wellbore has a total depth that
is within five hundred vertical feet of the top of the injection zone and was
plugged in a manner not in accordance with Chapter 1501:9-11 of the
Administrative Code;
(b)
The wellbore penetrates the proposed injection zone or
a wellbore with a total depth that is within five hundred feet of the top of
the injection zone is plugged with clay;
(c)
The wellbore
penetrates the proposed injection zone and the wellbore does not have cement on
the back side of the production casing to at least 500 feet above the proposed
injection zone;
(d)
The wellbore has limited or no records;
(e)
The wellbore
penetrates the proposed injection zone or the wellbore has a total depth that
is within five hundred vertical feet of the of the top of injection zone and
the wellbore is constructed with the production casing set with a packer;
or
(f)
Any other circumstance identified by the division
during the record review.
(3)
The applicant
shall develop a list of proposed corrective actions for each well that will
need corrective action. The division will review the list of proposed
corrective actions, and determine which of those and any others are to be
completed in order to prevent the movement of brine or other waste substances
out of the permitted injection zone. Corrective action shall be completed prior
to the issuance of a permit to inject.
(B) All of the following apply to the construction of a class II disposal well or conversion of a well to a class II disposal well:
(1)
The division may
prohibit injection into certain formations on a site-specific basis based on
circumstances that may impact public health, safety, or the environment
including, but not limited to, evidence of seismicity, migration of brine or
other waste substances out of an injection zone, or other similar
factors.
(2)
For a permit to drill a new class II disposal well or
to convert a well to a class II disposal well, in which the injection formation
will be located in a formation that has a producing well within the area of
review either of the following apply:
(a)
The average
disposal volume cannot exceed two hundred barrels per day per year;
or
(b)
The class II disposal well owner must own each
producing well in the area of review as long as the owner operates the class II
disposal well.
(3)
For a permit to drill a new class II disposal well or
to convert a well to a class II disposal well in the devonian shale formation
or any formation noted, the average disposal volume cannot exceed two hundred
barrels per day per year.
(4)
A person may only submit an application to convert a
well to a class II disposal well if the operator of the well or the proposed
well is in compliance with Chapter 1509. of the Revised Code or division 1501:9
of the Administrative Code.
(C) An application for a permit includes the following:
(1)
A complete
application on a form(s) prescribed by the chief.
(2)
Information
concerning the proposed class II disposal well including:
(a)
The name,
description, and depth of the geological zones or formations into which
injection is proposed;
(b)
For a well proposed to be converted to a class II
disposal well, an accurate driller's log, a mud log, any geophysical or
electric log, and any testing data on the well, if available;
(c)
The designation
of the well by lease name and number and for conversion applications the API
number;
(d)
The names and addresses of all owners or operators of
record of wells or permitted wells within the area of review;
(e)
The name, depth,
thickness, areal extent, and geological information concerning the confining
zone or zones in the area of review of the proposed well, which may include the
lithology, direct historical evidence, permeability, porosity, and other
available geologic data that substantiates a zone's ability to confine brine or
other waste substances to the permitted injection zone;
(f)
A detailed
description of the following:
(i)
The well construction data that includes information on
the casing and cementing if an existing well is to be converted, or the casing
and cementing program proposed for a new well that complies with the well
construction requirements established in rule
1501:9-1-08 of the
Administrative Code;
(ii)
The proposed method for injection that may include one
or both of the following: open hole or perforations;
(iii)
The proposed
depth of the tubing and packer; and
(iv)
The proposed
stimulation program.
(g)
The list of
proposed corrective action of wells penetrating the proposed confining zones or
injection formations within the area of review as identified in paragraph (A)
of this rule;
(h)
A schematic drawing that includes all of the
following:
(i)
Bore-hole diameter(s) and depth(s);
(ii)
Outside diameter
of each casing(s);
(iii)
Proposed or existing placement of
cement;
(iv)
Location of any casing hardware;
(v)
Packer
depth;
(vi)
Perforations/open hole;
(vii)
Total
depth;
(viii)
Confining zone(s);
(ix)
Injection
zone(s); and
(x)
Deepest underground source(s) of drinking water, if
mapped.
(i)
The proposed average volume of brine in barrels to be
injected per day per year into the proposed class II disposal well, and the
proposed method that will be used to measure and record the actual amount of
brine injected into the well;
(j)
The proposed
method that will be used to continually measure and record daily injection
pressures; and
(k)
The proposed method to continuously monitor and to
record the positive pressure in the annulus between production casing and the
injection tubing;
(3)
Description. A
description of the proposed operations at the surface facility that includes
the following, if applicable:
(a)
A summary of the design flow;
(b)
A summary of all
containment including primary containment and secondary containment. The
summary will include the volume, type, contents, and location of each primary
containment. The summary will also include the calculations for each secondary
containment volume;
(c)
Mechanical processes;
(d)
Discharge
prevention measures from storage vessels and secondary containment, such as
overfill protection, shut-off valves, and leak detection
systems;
(e)
Leak detection method for pipelines;
(f)
Procedures for
loading, unloading, transferring, and other means of handling of brine or other
waste substances;
(g)
Methods of metering and tracking the system throughput,
including details on how brine will be tracked by those subject to fee(s)
pursuant to division (H) of section
1509.22 of the Revised
Code;
(h)
Material specifications, that include, but are not
limited to storage vessels, containment systems, piping, pipelines, pumps,
valves, meters;
(i)
A statement attesting the applicant has the right to
install and maintain all pipelines;
(j)
Design and
construction drawings that include all of the following:
(i)
A title page that
contains the name of the applicant; emergency contact information to be used
during construction; the county, township, and section or lot number where the
proposed surface facility will be located; coordinates of the intersection of
the centerline of the entrance apron at the public right-of-way using latitude
and longitude, in a format of decimal degrees, to a minimum of six decimal
places; and a sheet index;
(ii)
A plan sheet
consisting of the most recent color orthorectified aerial image known to the
applicant at the time of design with pixels no larger than one foot showing the
location of the proposed surface facility;
(iii)
A plan sheet
sealed by a professional surveyor showing the location of the proposed surface
facility and the control points used to generate the map;
(iv)
The scale in
feet, legend, graphical scale, and north arrow;
(v)
A general layout,
plan views, elevations, sections, and supplementary views that in conjunction
with the specifications provide the working information related to all aspects
of the proposed construction, which also locate all elements horizontally in
relation to the North American Datum of 1983 and vertically in relation to the
North American Vertical Datum 1988;
(vi)
The proposed and
existing contours with an intermediate contour interval not greater than two
feet and an index not greater than ten feet;
(vii)
All buildings
and improvements larger than one hundred twenty square feet including
supporting drawings such as, electrical, plumbing, structural, and life
safety;
(viii)
All process piping including valves, valve locations,
and types that will be used for storage;
(ix)
All primary
containment and secondary containment systems proposed and their
capacities;
(x)
All pipelines that will connect the surface facility to
the class II disposal well;
(xi)
All springs,
wetlands, streams, lakes, rivers, ponds, and creeks which may be identified
using reasonably available public resources and a field review, within two
hundred feet of the storage facility;
(xii)
Surface and
underground mines, which may be determined using information available from the
Ohio department of natural resources and other publicly available or readily
accessible sources, that may affect design and performance of the proposed
surface facility;
(xiii)
All risk zones and hazard areas delineated on the
"National Flood Insurance Rate Map" within one hundred feet of the proposed
surface facility;
(xiv)
Plugged wells, producing wells, idle and orphaned, and
class II disposal wells that are located within one hundred feet of the storage
facility. The information regarding the wells may be determined using
information available from the Ohio department of natural resources and other
publicly available or readily accessible sources;
(xv)
All areas within
one thousand five hundred feet of the proposed surface facility that are
located within the five-year time of travel associated with a public drinking
water supply, as delineated or endorsed under the "Source Water Assessment and
Protection Program";
(xvi)
All areas within one thousand five hundred feet of the
proposed surface facility that are located within the emergency management zone
of a public water system intake; and
(xvii)
Boundaries of
parcels of land, existing occupied and unoccupied structures, roadways, and
existing utilities known to the applicant at the time of the design that are
located within two hundred feet of the proposed surface
facility.
(k)
After a preoperational site review and for good cause,
the chief may require any of the following as part of the permit
application:
(i)
Emergency release conveyance map. An emergency release
conveyance map includes all of the following on a separate drawing sheet:
(a)
Locations
downslope of the proposed surface facility and any related pipelines where
response resources may be deployed for the purposes of containment in the event
of an emergency release using latitude and longitude, in a format of decimal
degrees, to a minimum of six significant decimal places;
(b)
Flow path and
identification of nearest receiving streams, rivers, watercourses, ponds,
lakes, or other bodies of water where brine or other waste substances may
migrate from the proposed facility; and
(c)
Pipes, ditches,
and other conveyances, and hydraulic control structures identified in the storm
water hydraulic report and in the sediment and erosion control
plan.
(ii)
Geotechnical report. A geotechnical report specific to
the location of the proposed surface facility that describes the proposed
facility geotechnical site conditions, design considerations that address the
geotechnical conditions, and construction requirements for the proposed
facility that address the geotechnical conditions and discloses the results of
a surface and subsurface investigation of the proposed surface facility site.
In addition, a report includes all of the following:
(a)
An analysis of
slope stability, bearing capacity, and settlements that have the potential to
negatively impact the performance of the proposed surface facility
site;
(b)
Geotechnical borings or other geotechnical engineering
standard investigative means, of sufficient depth and quantity to substantiate
the design;
(c)
An evaluation of all existing infrastructure
potentially related to geotechnical considerations located within the proposed
oil and gas waste facility boundary that will be used, affected or incorporated
in the proposed surface facility;
(d)
A summary of all
subsurface exploration data specifically relevant to the geotechnical
investigation and interpretation as it pertains to the design and construction
of the proposed oil and gas waste facility, including subsurface soil profile,
exploration logs, laboratory or in situ test results, and elevation of
saturated soils at the time of exploration;
(e)
An interpretation
and analysis of the data required for the geotechnical report;
(f)
An explanation of
the geotechnical design constraints;
(g)
Cross-sections
through borings, critical slopes, and impacted infrastructure used in
geotechnical calculations;
(h)
The factor of
safety for slope stability not less than 1.5 and bearing capacity not less than
3.0; and
(i)
Documents showing calculations used to determine the
factor of safety and a detailed explanation of each assumption and reference
used in the calculations.
(iii)
Sediment and
erosion control plan. A sediment and erosion control plan for the proposed
surface facility that describes procedures to minimize the discharge of
construction related sediment to any area outside of the proposed surface
facility. A plan includes all of the following:
(a)
Sediment and
erosion controls consistent with generally accepted engineering design criteria
and controls that comply with the manufacturer's
specifications;
(b)
A sediment basin or sediment trap if the proposed
surface facility is within or includes a total contributing drainage area that
is greater than five acres in size. The minimum capacity of the sediment basin
or sediment trap shall be one hundred seventeen cubic yards and designed in
accordance with the "Ohio Department of Natural Resources Rainwater and Land
Development Manual" as defined in Chapter 1501:9-12 of the Administrative
Code;
(c)
An identification of the location of each outlet of all
confined discrete conveyances that may leave the proposed surface
facility;
(d)
A delineation of contributing drainage area boundaries
and size, measured in acres; and slope, length, and per cent graded, that will
be used to design the proposed sediment and erosion controls;
(e)
A description of
the soil stabilization measures, including vegetation, mulch, and other means
of controlling erosion that will be used at the proposed surface facility. In
addition, a schedule of the implementation of the soil stabilization measures
will be included; and
(f)
The applicant may submit a schedule that identifies
alternate options for implementation of the erosion and sediment controls and
measures, which also identifies when and under what criteria the alternate
controls would be implemented.
(4)
Map. The division
may request the information in the electronic format if available. A map(s)
prepared by an Ohio registered surveyor including the following:
(a)
The subject tract
of land upon which the proposed class II disposal well is to be located and the
property lines with surface and mineral owner name(s)
identified;
(b)
The location of the proposed class II disposal well and
any related pipelines on the subject tract of land established by a field
survey showing the distances in feet from the proposed well and surface
facility or oil and gas waste facility to the boundary lines of the subject
tract and to the nearest permanent geographic subdivision
boundaries;
(c)
The proposed class II disposal well location designated
by plane coordinates in accordance with Chapter 157. of the Revised Code.
Coordinates may be established by map scale to the nearest fifty feet or by
global positioning system (GPS);
(d)
The location of
all wells, which are within the distance of the area of review as determined
under paragraph (A) of this rule. If a well or proposed well is within two
hundred feet of the proposed class II injection well, the distance will be
marked on the map;
(e)
The location of all buildings, public roads, railroads,
and streams within one thousand feet of the proposed well and their distances
from the proposed well;
(f)
The following are to be placed in a conspicuous place
on the map; the applicants name, well name, county, civil township, permanent
geographic subdivisions (section, lot and/or tract) and surface elevation for
the well location, USGS quadrangle name, the date the map was prepared, name of
surveyor preparing the map and phone number, and map scale;
(g)
If the proposed
well is to be in an urbanized area, the map will only be accepted if the name
of the urbanized area and the original civil township name are
included;
(h)
An additional color map based on aerial photography at
an appropriate scale identified on the map showing the location of the well,
any related pipelines, any related oil and gas waste facilities, a related
surface facility, access road, and a five hundred feet radius around the well
location; and
(i)
Coordinates of the intersection of the centerline of
the entrance apron for the class II disposal well at the public right-of-way
using latitude and longitude in a format of decimal degrees to a minimum of six
decimal places.
(D) Class II disposal well testing or evaluations.
(1)
The chief may require the following tests or
evaluations of a proposed class II disposal well in any combination that the
chief deems necessary:
(a)
Submittal and implementation of a plan accepted by the
chief for pressure fall-off testing;
(b)
Submittal and
implementation of a plan accepted by the chief for geological investigation of
potential faulting or fracturing in the area of review for the proposed class
II disposal well location;
(c)
Submittal and
implementation of a plan accepted by the chief for monitoring and reporting
seismic activity;
The plan will require
the person operating a class II disposal well to directly notify the division
within twenty-four hours if a seismic event of 1.5 or greater magnitude occurs
within three miles of the well.
(d)
Testing and
recording the original bottom hole injection interval pressure;
(e)
Gamma ray,
compensated density-neutron, and resistivity geophysical logging suite and any
other log required by the chief on all newly drilled class II disposal wells.
All logs shall be submitted to the division within sixty days of reaching total
depth;
(f)
Radioactive tracer or spinner survey;
(g)
Submittal and
implementation of a plan accepted by the chief for conducting a step-rate test;
and
(h)
Any other tests that the chief deems necessary. The
applicant may request a meeting with the chief to discuss any test deemed
necessary.
(2)
If the chief requires the performance of tests or
evaluations of a proposed class II disposal well, the applicant shall directly
notify the appropriate inspector a minimum of twenty-four hours prior to
performing the tests or evaluations. The chief may withhold authority to inject
brine or other waste substances based upon the results of the tests or
evaluations performed and may order the plugging of the well if deemed
necessary.
(E) Review procedure.
(1)
General review
procedure.
(a)
After receipt of any submittal or notification of
completeness for a procedure identified in figures 1, 2, and 3, the chief will
review the submittal to determine if the submittal is compliant with the
requirements of this rule within the times identified in figures 1, 2, and 3,
as applicable. If after submittal, the chief identifies items that are
necessary to ensure the submittal complies with the requirements of this rule,
the chief will notify the applicant or permittee of the items that are
necessary with a letter of deficiency. For any period of time specified in
figures 1, 2, or 3, the date will be determined by the action of the
division.
(b)
The applicant or permittee may submit a revised
submittal or revised portions of the submittal with an identification of all
the revisions. The chief may require the resubmission of the entire submittal.
If the applicant or permittee has not submitted the revised submittal or
revised portions of the submittal in accordance with the times established in
figure 1, 2, and 3, as applicable, the chief may issue an order denying the
application. The chief will review the revised submittal or revised portions of
the submittal in accordance with the times established in figures 1, 2, and 3,
as applicable. The chief may approve a longer period of time for any of the
revised submittal or site review times established in figures 1, 2, and 3, as
applicable, upon written request by the applicant or permittee.
(c)
If the applicant
or permittee has not submitted documents compliant with this rule within three
hundred sixty-five calendar days of issuance of the initial letter of
deficiency, the application is terminated.
(d)
After completing
the review of all submittals, the chief will either issue a permit or deny the
issuance of the permit by order.
The
chief may deny an application if the chief determines the applicant did not
substantiate a zone's ability to confine brine or other waste substances to the
permitted injection zone.
(e)
The chief may
require the applicant or permittee to submit additional information pertaining
to the design and construction of the proposed or permitted class II disposal
well and surface facility, that the chief determines is necessary for the
protection of public health or safety or to prevent damage to the environment
or is necessary to ensure compliance with the requirements of this
rule.
(2)
The chief will review the application for the class II
disposal well and surface facility in accordance with figure 1 to determine if
the application is a complete application. When the chief determines that the
application is complete, the applicant will be notified in writing.
Figure 1
(3)
Public notice process. The chief may combine multiple
applications from the same applicant on the same subject tract into a single
public notice process.
(a)
Within fifteen business days after the chief's
determination that an application for a permit for a class II disposal well is
ready for notice as established in figure 3, the division will provide public
notice of the application by posting the application on the division's
website.
(b)
Within fifteen business days after the chief's
determination that an application for a permit for a class II disposal well is
ready for notice as established in figure 3, and the division provides the
notice of application to the applicant, the applicant shall provide notice of
application in each of the following formats:
(i)
Provide by hand
delivery or certified mail a notice of application to all of the
following:
(a)
All owners or operators of wells within the area of review
identified in paragraph (A)(1) of this rule;
(b)
The owner of each
parcel of real property that is located within one thousand five hundred feet
of the proposed class II disposal well. For the purposes of determining the
identity of each owner of a parcel of real property as of the date of the
notice of application, the applicant may use the tax records of the county
auditor of each county in which a parcel of real property is located;
and
(c)
The board of county commissioners and the board of
township trustees or the executive authority of a municipal corporation where
the proposed class II disposal well is to be located.
(ii)
Published in a newspaper of general circulation in the county in which the
proposed well is located either for five consecutive days or two consecutive
editions of a weekly newspaper.
(iii)
The applicant
shall submit an affidavit attesting to the delivery and date of delivery to
those entitled to notice of application, and the proof of publication and
publication dates in accordance with paragraph (E)(3) of this rule. The
affidavit of delivery of notice will be submitted on a form prescribed and
provided by the division and will include a list of all persons notified in
paragraph (E)(3) of this rule. The applicant shall retain copies of proof of
notification and publication for a period of up to two years and be made
available to the chief upon request.
(c)
Comments and
objections.
(i)
Any person desiring to comment or to make an objection with
reference to an application for a permit under this rule shall file such
comments or objections, in writing, with the division of oil and gas resources
management, 2045 Morse road, building F, Columbus, Ohio 43229 or electronically
through the division of oil and gas resources management website. In order for
a comment or an objection to be reviewed by the chief, the comment or the
objection must be filed with the division no later than thirty calendar days
from the date of the posting of the public notice on the division's website and
include the name and mailing address of the person making the comment or
objection.
(ii)
Before the end of the public comment period as
established in this rule, any person receiving notification in paragraph
(E)(3)(b) of this rule may request a public meeting. The division will hold a
meeting, at a location and in a format to be determined by the chief. The
division will provide notice of the public meeting at least thirty calendar
days prior to the meeting. The notice will provide the date, time, format, and
location of the public meeting via a posting on the division's website. The
division also will provide the same notice to the applicant. Only those
comments provided at the meeting, orally or in writing, will be reviewed by the
chief. If the chief receives no requests for public meeting within the
established public comment period, no meeting will be held.
(iii)
The chief will
review all received comments and objections within sixty calendar days after
the end of the comment period or within forty-five calendar days after the
conclusion of the public meeting to determine if the comments raise any legal
deficiency or technical deficiency in the application related to Chapter 1509.
of the Revised Code or division 1501:9 of the Administrative Code or to
determine if the comments are outside the jurisdiction of Chapter 1509. of the
Revised Code or division 1501:9 of the Administrative Code. If the chief
determines no deficiency exists or if the comments are outside the jurisdiction
of Chapter 1509. of the Revised Code or division 1501:9 of the Administrative
Code, the public notice process is complete. The chief, in a manner to be
determined by the chief, will respond to comments received from any person
receiving notification in paragraph (E)(3)(b) of this rule and make the
responses available on the website of the division. If the chief determines a
comment or objection identifies a legal deficiency or technical deficiency in
the application, the chief may address the legal or technical deficiency by
issuing a permit subject to terms or conditions or the application will be
returned to the applicant for correction of any deficiency within thirty
calendar days.
(iv)
Upon submittal of a revision to an application,
including any deficiency, the chief will determine if all or any portion of
paragraph (E)(3) of this rule is to be repeated by the
applicant.
(4)
Technical Review.
The chief will perform a technical review of the application for a permit for a
class II disposal well in accordance with the times established in figure 2 to
determine if the application for the proposed class II disposal well complies
with the requirements of this rule.
Figure 2
Figure 3
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