Ohio Administrative Code
Title 1501:9 - Division of Mineral Resources Management - Oil and Gas
Chapter 1501:9-3 - Saltwater Operation
Section 1501:9-3-06 - Construction, authorization to operate, and amendments to/of a class II disposal well or surface facility
Universal Citation: OH Admin Code 1501:9-3-06
Current through all regulations passed and filed through September 16, 2024
(A) Construction/converion
(1)
No construction
may commence at the well, class II disposal well or class II disposal well and
surface facility until a permit is issued. The well shall be constructed in
accordance with the requirements established in rule
1501:9-1-08 of the
Administrative Code and in accordance with all the following:
(a)
The well shall be
constructed with casing that is mechanically centralized and cemented to a
height of no less than five hundred feet above the top of the injection zone or
potential flow zones as required in rule
1501:9-1-08 of the
Administrative Code;
(b)
The well shall be constructed with tubing and a packer
set no more than two hundred feet above the injection zone. Installation of the
tubing and packer shall be witnessed by a representative of the
division;
(c)
The well shall be equipped with a one-quarter inch npt,
female, threaded fittings with a stop valve on the tubing and production casing
annulus that are accessible from ground level and that allow for installation
of gauges or other equipment for monitoring of annulus and injection pressures
by the division; and
(d)
To verify the proper placement of cement in the
construction of a class II disposal well, a cement evaluation log must be
completed for each casing string cemented after surface casing.
(2)
No
construction may commence at the well or a surface facility until a permit to
convert the well to a class II disposal well is issued. The well shall be
constructed in accordance with the requirements established in rule
1501:9-1-08 of the
Administrative Code and in accordance with all of the following:
(a)
The chief may
waive, upon written request of the applicant, any requirements established in
rule 1501:9-1-08 of the
Administrative Code that are not applicable since the well is already
constructed and the applicant demonstrates the proposed well will still meet
standards necessary to protect public health, safety, and the
environment;
(b)
The well shall have been cemented to a height of no
less than five hundred feet above the top of the injection zone as required in
rule 1501:9-1-08 of the
Administrative Code;
(c)
The well shall be constructed with tubing and a packer
set no more than two hundred feet above the injection zone. Installation of the
tubing and packer shall be witnessed by a representative of the
division;
(d)
The well shall be equipped with a one quarter inch npt,
female, threaded fittings with a stop valve on the tubing and production casing
annulus that are accessible from ground level and that allow for installation
of gauges or other equipment for monitoring of annulus and injection pressures
by the division;
(e)
To verify the competent placement of cement in the
conversion of a well to a class II disposal well, cement evaluation log(s) must
be completed on the casing string(s) identified by the chief;
and
(f)
Any open formation not to be utilized for injection
shall be abandoned pursuant to section
1509.13 of the Revised Code,
section 1509.15 of the Revised Code, and
rule 1501:9-11 of the Administrative Code.
(3)
Water well
sampling
(a)
After a permit has been issued but before commencement of drilling a new class
II disposal well or converting a well to a class II disposal well, a class II
disposal well owner shall provide to the chief results of sampling of water
wells within one thousand five hundred feet of the proposed location of the
class II disposal well and five hundred feet of any associated pipelines
utilized for the injection of brine. The class II disposal well owner shall
provide a list and map that identifies the location of each water well
sampled.
(b)
Where the owner of the property on which the water well
is located denied the applicant access to sample the water well, the applicant
shall provide proof of such denial.
(c)
The sampling
shall be conducted in accordance with the guidelines established in the "Best
Management Practices for Pre-drilling Water Sampling" in effect at the time the
permit is issued.
(d)
If the chief determines that conditions at the proposed
well site warrant a revision to the distance required to be sampled, the chief
may revise the distance established in this rule for purposes of pre-drilling
water sampling.
(B) Activities witnessed by the division
(1)
A division representative must be present for
performance of the following activities:
(a)
Installation,
modification, or relocation of tubing and packer; and
(b)
Any testing
required under Chapter 1509. of the Revised Code, division 1501:9 of the
Administrative Code, or permit terms and conditions.
(2)
A division
representative may be present for performance of the following
activities:
(a)
Commencement of construction of a surface facility;
and
(b)
Verification of integrity.
(3)
Each class II
disposal well owner shall give the appropriate inspector forty-eight hour
direct notice in advance of any activity required under paragraph (B) of this
rule. A person in the division field office or central office shall be directly
notified within the same time period when the appropriate inspector is
unavailable.
(C) Construction of a surface facility
(1)
A proposed
surface facility shall be constructed in accordance with the approved
application and associated documents, terms and conditions of the permit, and
in accordance with Chapter 1509. of the Revised Code and rules adopted under
it.
(2)
Any material modifications or amendments to a surface
facility shall occur in accordance with the requirements of this rule. For good
cause shown, the chief may require the person requesting the material
modification or amendment to submit a new application for a
permit.
(3)
Material modifications
(a)
A request for a
material modification to an approved, but not yet operating, surface facility
shall be submitted in writing to the chief prior to implementation of any
material modification to a surface facility. All proposed material
modifications must include all of the following items:
(i)
A detailed
description of the proposed material modification and the potential impact to
the performance of the surface facility; and
(ii)
Revised
application documents, as applicable, pertaining to the material
modification.
(b)
After receipt of a material modification, the chief
will review the material modification to ensure compliance with the times
established in figure 4. The chief may require a site review prior to
determining whether to approve the proposed material modification or to
identify items necessary to ensure compliance with the requirements of this
rule.
(c)
Nothing in paragraph (C)(3) of this rule prohibits a
permittee from taking actions necessary to prevent harm to human health or
safety or to prevent harm to the environment. A permittee may perform such
actions that will result in a material modification only if the permittee
submits a summary of the activities within twenty-four hours of the action and
the permittee submits the material modification documents in accordance with
this paragraph within three business days of the event that posed a threat to
human health or safety or to the environment, or within another time frame as
agreed to by the chief.
(4)
Amendment to a
surface facility
(a)
A request for an amendment to an operating surface
facility shall be submitted in writing to the chief prior to implementation of
any revision to a surface facility. An amendment does not include activities
such as routine maintenance, replacement of equipment in kind, or repair of
already installed equipment. A request for an amendment must include all of the
following:
(i)
A detailed description of the proposed revision and of the impact that the
revision will have to the operations of the surface facility;
(ii)
Revised
application documents pertaining to the proposed revision; and
(iii)
Any other item
required by the chief.
(b)
The chief will
review the request for an amendment to the permit to ensure compliance with the
requirements of this rule in accordance with the times identified in figure 4
of this rule. If approved, the chief will issue an order modifying the permit
authorizing injection operations at the class II disposal well and surface
facility.
(c)
The permittee may be required to perform a verification
of integrity in accordance with paragraph (D) of this rule for the amendment in
accordance with the requirements established in this rule.
Figure 4
|
Actions |
|||||
|
Site review (upon receipt of document) |
Division review and response to submittal |
Applicant/ permittee resubmittal (upon notification of deficiencies from the chief) |
Division review and response to resubmittal |
Division review and preparation of order |
|
|
Procedures |
Time |
||||
|
Material modification review |
5 business days |
5 business days |
5 business days |
5 business days |
Not applicable |
|
Amendment review |
20 business days |
30 business days |
20 business days |
30 business days |
60 calendar days |
(D) Verification of integrity. The person operating a surface facility shall perform a verification of integrity prior to commencement of operation of a surface facility that includes all of the following:
(1)
Prior to testing or inspection of the surface facility,
the permittee must provide for review and acceptance by the chief a listing of
the items being tested or inspected, the type of test or inspection being
performed, the qualified person or persons performing the test or inspection
and their qualifications, and a schedule of the tests or inspections proposed
for the verification of integrity.
(a)
All testing shall be performed in accordance with
Chapter 1501:9 of the Administrative Code or relevant industry
standards.
(b)
A verification of integrity may be performed on all or
portions of the surface facility.
(2)
The chief may
require additional testing or may waive any portion of the verification of
integrity upon written request and justification. The chief may approve limited
operation of the surface facility in order to perform all or part of the
verification of integrity, upon written request of the permittee. The
verification of integrity may be performed after repairs to any containment or
on the findings of an inspection conducted by the chief.
(3)
Upon completion
of all testing and inspections, the permittee shall provide for review and
acceptance by the chief the results of all testing and
inspections.
(4)
The permittee will provide verification in an affidavit
on a form prescribed by the chief that specifically reads, "I, as permittee of
this surface facility, do hereby certify that to the best of my knowledge the
surface facility was constructed in accordance with the approved application
and the verification of integrity performed and completed according to the
accepted plan."
(E) Testing
(1)
Prior to
commencement of permitted injection operations in a class II disposal well, the
class II disposal well owner shall complete a mechanical integrity test part 1
and mechanical integrity test part 2.
(2)
The following
conditions require that a pressure test be conducted at a pressure that is 1.25
times the maximum allowable injection pressure as described in rule
1501:9-3-07 of the
Administrative Code. This test shall be for a duration of at least fifteen
minutes with no more than a five per cent decline in pressure unless otherwise
approved by the chief.
(a)
For any perforations in the casing that are abandoned
during construction or conversion of the well, the casing and plug shall be
pressure tested prior to perforating any proposed injection
zones.
(b)
For any open-hole class II disposal well for which any
formation is abandoned during construction of the class II disposal well or
conversion of a well to a class II disposal well, each plug shall be verified
for proper placement and each plug inside casing shall be pressure tested prior
to perforating any proposed injection zones.
(F) Expiration of class II disposal well permit.
(1)
If a permit
issued under section 1509.06 of the Revised Code
expires, the owner of partially constructed class II disposal well or surface
facility shall immediately cease operations. The person shall either apply for
a permit under section
1509.06 of the Revised Code or
plug the well.
(2)
The owner of a class II class disposal well shall plug
the well and reclaim the site if within five years of the effective date of
this rule or within five years of issuance of a permit to drill or convert the
well under section 1509.06 of the Revised Code the
class II disposal well owner does not receive a permit to inject pursurant to
paragraph (G) of this rule.
(G) Order issuing a permit to inject in a class II disposal well.
(1)
Prior to
beginning initial injection operations at a class II disposal well or a class
II disposal well and surface facility, the owner shall file an application on a
form prescribed by the chief requesting a permit authorizing injection. This
application will include all of the following:
(a)
Confirmation that
all permit conditions were satisfied;
(b)
A verification of
integrity for the associated surface facility or the oil and gas waste
facility, whichever is applicable;
(c)
Copies of well
construction records, well testing records, and geophysical or electrical logs;
and
(d)
A signed and notarized statement that the operator has
constructed and tested the class II disposal well in accordance with Chapter
1509 of the Revised Code and division 1501:9 of the Administrative
Code.
(2)
The chief will review the permit application and either
approve or deny by order within sixty-calendar days of receipt of a complete
application under paragraph (G) of this rule.
(3)
A class II
disposal well shall be transferred in accordance with section
1509.31 of the Revised Code and
the new owner shall submit an application on a form prescribed by the chief to
transfer the permit to inject. The chief will review and issue a new order for
a permit to inject within ten business days of a complete permit application
and form required under section
1509.31 of the Revised
Code.
(4)
A well completion record required under section
1509.10 of the Revised Code and
Chapter 1501:9-1 of the Administrative Code shall be filed before a class II
disposal well owner may apply for a permit authorizing injection. The well
completion record shall also include results of initial testing of construction
as described in paragraph (B) of this rule.
(5)
The class II
disposal well owner shall directly notify the appropriate inspector at least
forty-eight hours prior to commencement of injection. A person in the division
field office or central office shall be directly notified within the same time
period when the appropriate inspector is unavailable.
Disclaimer: These regulations may not be the most recent version. Ohio may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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