Ohio Administrative Code
Title 1501:9 - Division of Mineral Resources Management - Oil and Gas
Chapter 1501:9-4 - Oil and Gas Waste Facilities
Section 1501:9-4-04 - Permit to construct an oil and gas waste facility
Universal Citation: OH Admin Code 1501:9-4-04
Current through all regulations passed and filed through September 16, 2024
(A) This rule applies to oil and gas waste facilities. This rule applies to both a long-term and a short-term oil and gas waste facility unless specifically excluded within this rule. An oil and gas waste facility shall be designed, constructed, and operated in a manner that safely supports the proposed operations occurring at the oil and gas waste facility and in a manner that protects public health and safety and prevents damage to the environment. Compliance with this rule does not eliminate the requirement that a person comply with any other applicable laws.
(B) Permit and document requirements. For an application submitted or a permit issued under this rule, all of the following apply:
(1)
On and after the
effective date of this rule, no person may begin construction of or modify,
amend, alter, or revise an oil and gas waste facility prior to issuance of a
permit by the chief approving an application submitted under this
rule.
(2)
A permit is specific to the location at which an oil
and gas waste facility is located and the location cannot be changed after the
issuance of a permit.
(3)
The operator of a short-term oil and gas waste facility
may submit an application for renewal of its permit no later than thirty days
prior to the permit's expiration. The chief may approve the renewal one time
only if the permit application is identical to the original application. A
person may only change a short-term oil and gas waste facility to a long-term
oil and gas waste facility if an application is filed and approved by the
chief. A permit to construct an oil and gas waste facility cannot be amended to
change the type of permit issued.
(4)
The chief may
require the applicant or permittee to submit additional information pertaining
to the design, construction, or operation of the proposed or permitted oil and
gas waste 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.
(C) An application for a permit includes all of the following components as applicable:
(1)
Application form prescribed by the chief.
(2)
Description. A
description of the proposed operations at the oil and gas waste facility that
includes the following, if applicable:
(a)
A summary of the
design flow;
(b)
A summary of the total primary containment capacity and
of each individual primary containment capacity, that includes, at a minimum,
volume of containment, type of containment, contents in containment, and
location of containment;
(c)
Mechanical processes;
(d)
Chemical
processes, including disclosure of each reagent and a general description of
its function in the process;
(e)
Discharge
prevention measures from storage vessels and secondary containment, such as
overfill protection, shut-off valves, and leak detection
systems;
(f)
Leak detection method for pipelines;
(g)
Procedures for
loading, unloading, transferring, and other means of handling of brine, other
waste substances, or reagents;
(h)
Methods of
metering and tracking the system throughput, including details on how brine
will be separated and tracked by those subject to fee(s) pursuant to division
(H) of section 1509.22 of the Revised
Code;
(i)
Identification of the proposed final disposition of all
brine and other waste substances handled or wastes generated by the oil and gas
waste facility, that may include, disposal in an Ohio licensed solid waste
landfill, an out-of-state landfill, a class II injection well, oil and gas
waste facility, and reuse at another production operation. Wastes generated may
include, but not be limited to, tank bottoms, filter media, process rinsate,
precipitates, sludge and sediment; and
(j)
Identification of
any class II disposal well(s) by API number which are proposed to be connected
to the oil and gas facility.
(3)
Facility plans.
The plans will include the detailed drawings, reports, plans, and information
specified under paragraphs (C)(3)(a) to (C) (3)(c) of this rule.
(a)
Design and
construction drawings. The design and construction drawings will 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 name of the
oil and gas waste facility; the county, township, and section or lot number
where the proposed 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 oil and gas waste facility;
(iii)
A plan sheet
sealed by a professional surveyor showing the location of the proposed oil and
gas waste facility boundary 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)
Scaled detail drawings for all buildings and
improvements including supporting drawings such as, electrical, plumbing,
structural, and life safety;
(viii)
Scaled detail
drawings for components including pumps, piping and valves of each system
proposed that will be used for storage, recycling, treatment, processing, or
disposal;
(ix)
Scaled detail drawings for all primary containment and
secondary containment systems proposed and their capacities;
(x)
Scaled detail
drawings for any engineering controls and features proposed for radiological
protections;
(xi)
A plan sheet that identifies the traffic flow patterns
of all transport vehicles within the proposed oil and gas waste
facility;
(xii)
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 oil and gas waste 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
fluids 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.
(xiii)
The classified soil types within one hundred feet of
and within the proposed oil and gas waste facility boundary. Soils should be
classified consistent with the United States department of agriculture soil
series;
(xiv)
Plugged wells, producing wells, idle and orphaned, and
class II disposal wells that are located within one hundred feet of and within
the proposed oil and gas waste facility boundary. 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)
Structural and geotechnical components that are to be
located within the proposed oil and gas waste facility boundary, including
those identified in the geotechnical report;
(xvi)
Geotechnical
borings and other geotechnical investigative information or data, which are
located within the proposed oil and gas waste facility boundary, as identified
in the geotechnical report;
(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 and within the proposed oil and gas waste
facility boundary;
(xviii)
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 and within the proposed oil and
gas waste facility boundary;
(xix)
All developed
springs and water wells, which may be identified using reasonably available
public resources and a field review, within one thousand, five hundred feet of
and within the proposed oil and gas waste facility boundary;
(xx)
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 the professional engineer determines may affect design
and performance of the proposed oil and gas waste facility;
(xxi)
All risk zones
and hazard areas delineated on the "National Flood Insurance Rate Map" within
one hundred feet of the proposed oil and gas waste boundary;
(xxii)
Pipes,
ditches, and other conveyances, and hydraulic control structures located within
the proposed oil and gas waste facility boundary, as identified in the storm
water hydraulic report and in the sediment and erosion control plan in
accordance with this rule;
(xxiii)
All areas
within one thousand five hundred feet of the proposed oil and gas waste
facility boundary 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";
(xxiv)
All areas
within one thousand five hundred feet of the proposed oil and gas waste
facility boundary that are located within the emergency management zone of a
public water system intake; and
(xxv)
Any other
factors that the professional engineer determines may affect the design and
performance of the proposed oil and gas waste facility.
(b)
Reports and plans.
(i)
Design calculations for all secondary containment
performed in accordance with rule 1501:9-6-08 of the Administrative
Code.
(ii)
Storm water hydraulic report. A storm water hydraulic
report that includes hydraulic design documentation for all pipes, ditches and
other conveyances, and hydraulic control structures of surface water within or
from the proposed oil and gas waste facility. Storm water and hydraulic control
structures may need to be capable of managing a ten-year storm event with a
means to capture and screen the storm water for potential contamination prior
to lawful discharge from the oil and gas waste facility, which are located
within environmentally sensitive areas or as required by the chief. In
addition, a report will include all of the following:
(a)
A delineation of
contributing drainage area boundaries and size, measured in
acres;
(b)
A detailed description or drawing that shows the
installation requirements of all pipes, ditches, and other conveyances and
hydraulic control structures;
(c)
The materials and
specifications for all proposed pipes, ditches, and other
conveyances;
(d)
An analysis, performed by the professional engineer, of
the integrity and capacity for all existing pipes, ditches, and conveyances;
and
(e)
The supporting calculations used to design the storm
water conveyance system.
(iii)
Sediment and
erosion control plan. A sediment and erosion control plan for the proposed oil
and gas waste facility that describes procedures to minimize the discharge of
construction related sediment to any area outside of the proposed oil and gas
waste facility boundary. In addition, a plan will include 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 oil
and gas waste 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 oil and gas waste
facility;
(d)
A delineation of contributing drainage area boundaries
and size, measured in acres; and slope, length, and percent 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 oil and gas waste
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.
(iv)
Geotechnical report. A geotechnical report is specific
to the location of the proposed oil and gas waste facility, 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 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 oil and gas waste 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 oil and gas waste 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 and bearing capacity. The factor of safety for slope
stability cannot be less than 1.5 and the factor of safety for bearing capacity
shall not be 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.
(v)
Dust
control plan. A dust control plan that includes all of the following:
(a)
An identification
of the dust control measures to be used during construction and throughout the
life of the proposed oil and gas waste facility;
(b)
A description of
the conditions for when the dust control measures are used;
(c)
The name and
contact information of the person who is responsible for the implementation of
the dust control plan and the name of the person who has the authority to stop
work if dust generated at the oil and gas waste facility is not in accordance
with the dust control plan; and
(d)
A description of
the methods and procedures to be used to evaluate and document all complaints
related to dust generation.
(vi)
Radiation
protection program (RPP). A radiation protection program for approval by the
chief for any oil and gas waste facility that receives, possesses, uses,
processes, transfers, or disposes of technologically enhanced natural occurring
radioactive material (TENORM) from oil and gas wells or production
operations.
(vii)
Environmental assessment. A phase I environmental
assessment that complies with the standards established in ASTM E1527-13,
"Standard Practice for Environmental Site Assessments: Phase I Environmental
Site Assessment Process" as defined in Chapter 1501:9-12 of the Administrative
Code.
(viii)
Easements. A statement attesting the applicant has the
right to install and maintain any pipelines.
(c)
Specifications.
(i)
Material specifications, that include, but are not
limited to storage vessels, containment systems, piping, pipelines, pumps,
valves, meters; and
(ii)
Safety data sheets for each substance that will be used
at the proposed oil and gas waste facility.
(d)
The chief may
waive any item required to be submitted under paragraphs (C)(3)(a) to (C)(3)(c)
of this rule after review of a written request submitted by the applicant with
the application. A request of a waiver is to include a detailed explanation of
the basis for the request.
(D) 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
figure 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
figures 1, 2, and 3, as applicable, the chief may issue an order denying the
submittal. 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)
Failure by the
applicant or permittee to submit documents compliant with this rule within
three hundred and sixty-five calendar days of issuance of the initial letter of
deficiency, will result in the termination of the application and the return of
application to the applicant.
(d)
After completing
the review of all submittals, the chief will either issue a permit or deny the
issuance of a permit by order.
(2)
Completeness
review. The chief will review the application for the oil and gas waste
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)
Upon determination that the application for an oil and
gas waste facility is a complete application, the chief will submit the design
and construction documents to the department of commerce, division of
industrial compliance if applicable. The division of industrial compliance will
review the submitted design and construction documents for compliance with Ohio
building code on behalf of the division.
(4)
Preliminary site
review. A preliminary site review will be performed in accordance with the time
established in figure 2 or 3, as applicable. Prior to the preliminary site
review, the applicant is to install stakes verified by the maps and drawings
submitted according to this rule at the proposed oil and gas waste facility in
a quantity and in a manner that delineates the proposed oil and gas waste
facility, including the proposed oil and gas waste facility boundary, the
corners of all proposed structures, proposed roads, features and areas that are
identified in the application that will remain undisturbed, and all other
elements that allow an understanding of the planned construction of the
proposed oil and gas waste facility. At the preliminary site review, the chief
may conduct a physical review of the location of the proposed oil and gas waste
facility, discuss the application, identify elements that are necessary to
ensure compliance with the requirements of this rule, and identify
site-specific terms and conditions that may be attached to the permit for an
oil and gas waste facility.
(5)
Public notice
process. Paragraph (E)(5) of this rule does not apply to an oil and gas waste
facility operating under an authorization by the chief prior to the effective
date of this rule or to an application for a short-term oil and gas waste
facility. The chief may combine multiple applications from the same applicant,
including an application for a permit to drill a class II disposal well
connected to the oil and gas waste facility, into a single public notice
process.
(a)
Within fifteen business days after the chief's determination that an
application for a permit for an oil and gas waste facility is complete, 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 of a complete application, the
applicant shall provide notice of application in the appropriate following
format:
(i)
Provide by hand delivery or certified mail a notice of application to all of
the following:
(a)
The owner of each parcel of real property that is
located within one thousand five hundred feet of the boundary of the proposed
long-term oil and gas waste facility. 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;
(b)
The county commissioners and the executive authority of
each municipal corporation or the board of township trustees of each township,
as applicable, in which the proposed oil and gas waste facility is to be
located; and
(c)
The county engineer's office in each county in which
the proposed oil and gas waste facility 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 (D)(5)(b) 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 (D)(5) 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 objection to be reviewed by the chief, a comment or 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
(D)(5)(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
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 is not required to respond to each
comment received. If the chief determines a comment or objection identifies a
legal deficiency or technical deficiency in the application, 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 or an
amendment to a permit, the chief will determine if all or any portion of
paragraph (D)(5) of this rule is to be repeated by the
applicant.
(6)
Technical review.
The chief will perform a technical review of the application for a permit for
an oil and gas waste facility in accordance with the times established in
figures 2 and 3 as applicable, to determine if the application for the proposed
oil and gas waste facility complies with the requirements of this rule.
Figure 2
Figure 3
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