Ohio Administrative Code
Title 1501:9 - Division of Mineral Resources Management - Oil and Gas
Chapter 1501:9-4 - Oil and Gas Waste Facilities
Section 1501:9-4-05 - Construction, authorization to operate, and amendments to an oil and gas waste facility
Universal Citation: OH Admin Code 1501:9-4-05
Current through all regulations passed and filed through September 16, 2024
(A) Construction of an oil and gas waste facility.
(1)
A permittee may commence construction of a proposed oil
and gas waste facility only if the permittee provides notification to the chief
forty-eight hours prior to commencing construction. A proposed oil and gas
waste 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)
During all phases of construction of an oil and gas
waste facility, the permittee is to implement all of the following:
(a)
Coordinate all
building inspections as recommended by the Ohio department of commerce division
of industrial compliance;
(b)
Ensure as-built construction drawings are current and
available at the oil and gas waste facility;
(c)
Maintain a sign
that is legible from the public right-of-way, which includes the county,
township or municipal corporation, as applicable, section or lot number, oil
and gas waste facility name, twenty-four-hour emergency contact number, and the
911 address of the oil and gas waste facility;
(d)
Maintain
emergency response access;
(e)
Maintain safe
traffic flow near the entrance to the oil and gas waste
facility;
(f)
Maintain sediment and erosion controls and soil
stabilization measures to ensure they perform as designed in the approved
application;
(g)
Ensure that the pipes, ditches, and other conveyances
of storm water and hydraulic control structures perform as designed in the
approved application;
(h)
Ensure that the dust controls perform as designed in
the approved application; and
(i)
Maintain all oil
and gas waste facility infrastructure, including but not limited to, structural
and site stability as designed in the approved application.
(3)
Modification during construction.
(a)
All modifications to an approved application, including
material modifications, are to be documented within one business day of
implementing the modification on a modification summary form.
(b)
A request for a
material modification to an approved, but not yet operating, oil and gas waste
facility shall be submitted in writing to the chief prior to implementation of
any material modification to an oil and gas waste facility and include all of
the following items:
(i)
A detailed description of the proposed material
modification and the potential impact to the performance of the oil and gas
waste facility;
(ii)
A specific identification of every portion of the
application, as applicable, that is proposed to be modified;
and
(iii)
Revised application documents, as applicable,
pertaining to the material modification.
(c)
After receipt of
a material modification, the chief will review the material modification to
ensure compliance with the requirements of this rule within the times
established in figure 4, as applicable. 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. If the chief requires a site review, the applicable time established in
figure 4 will be suspended until completion of the site review.
(d)
Nothing in
paragraph (A)(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.
(e)
Alternate options contained in the approved application
that are implemented will be documented in the same manner as a modification in
paragraph (A)(3) of this rule.
(f)
The chief may
waive all or any part of the submission required under paragraph (A)(3) of this
rule.
(B) Approval to commence operations of an oil and gas waste facility. No permittee shall store, recycle, treat, process, or dispose of brine or other waste substances associated with the exploration, development, well stimulation, production operations, or plugging of oil and gas resources at the oil and gas waste facility that has received a permit under this chapter or implement an amendment to an approved permit without a letter of commencement signed by the chief.
(1)
Certification documents.
(a)
Upon completion of construction and not later than two
years after the effective date of the permit for a long-term oil and gas waste
facility or not later than six months after the effective date of the permit
for a short-term oil and gas waste facility, the permittee must submit
certification documents to the chief.
(b)
Amendment. Upon
completion of an amendment and not later than five business days after
completion of the amendment, the permittee must submit to the chief all
portions of the certification documents that are no longer
valid.
(2)
Preoperational site review. The chief may require a
preoperational site review prior to approving the certification documents or
amended certification documents. The specified time frame for review of the
certification documents will be suspended until completion of the
preoperational site review.
(3)
The chief will
review the certification documents to ensure compliance with the requirements
of this rule and the permit.
(4)
Upon review of
the certification documents, the chief will do one of the following: issue a
letter of commencement upon approval of the certification documents or approval
of the amended certification documents; notify the permittee of items deficient
in the certification documents or amended certification documents and provide
the permittee an opportunity to resubmit the portion of the certification
documents that were deficient; or terminate the permit or amendment by order
within the times established in figure 4.
(C) Amendment to the permit for an oil and gas waste facility.
(1)
A request for an
amendment to an operating oil and gas waste facility shall be submitted in
writing to the chief prior to implementation of any revision to an oil and gas
waste 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 includes all of the following:
(a)
A detailed
description of the proposed revision and of the impact that the revision will
have to the operations of the oil and gas waste facility;
(b)
A specific
identification of every portion of the approved application that is proposed to
be altered;
(c)
Revised application documents pertaining to the
proposed revision; and
(d)
Other items as required by the chief.
(2)
The
chief will review the request for an amendment to the permit to ensure
compliance with the requirements of this rule and in accordance with the times
established in figure 4 of this rule.
(3)
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.
(4)
The chief may waive all or any part of the requirements
established under paragraph (C) of this rule.
(D) Verification of integrity. The person operating an oil and gas waste facility shall perform a verification of integrity prior to commencement of operation of an oil and gas waste facility that includes all of the following:
(1)
Prior to testing
or inspection of the oil and gas waste 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 and current industry
standards.
(b)
A verification of integrity may be performed on all or
portions of the oil and gas waste 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 oil and gas waste 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 oil and gas waste facility, do hereby certify that to the best of my
knowledge the oil and gas waste facility was constructed in accordance with the
approved application and the verification of integrity performed and completed
according to the accepted plan."
(E) Review procedure for an oil and gas waste facility.
(1)
General review procedure.
(a)
After receipt of
any submittal for a procedure identified in figure 4, the chief will review the
submittal to determine if the submittal is compliant with the requirements of
this rule within the times established in figure 4, as applicable. If after
submission of a document, 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.
(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 within the times identified in figure 4, as
applicable, the chief may issue an order denying the submittal. The chief will
review the revised submittal or revised portions of the submittal within the
times identified in figure 4, as applicable. The chief may approve a longer
period of time for any of the times identified in figure 4, as applicable, upon
written request by the person or written notification from the chief to the
person.
(c)
If the applicant or permittee has not submitted
documents compliant with this rule within one hundred twenty calendar days of
issuance of the initial letter of deficiency, the chief may issue an order
denying the application or applicable document.
(d)
After completing
the review of all submittals, the chief will either approve the submittal or
issue an order denying the submittal.
Figure 4
|
Action |
||||
|
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 |
|
|
Procedures |
Time |
|||
|
Material modification review |
5 business days |
5 business days |
5 business days |
5 business days |
|
Approval to commence operations review |
15 business days |
15 business days |
10 business days |
5 business days |
|
Amendment review |
15 business days |
20 business days |
10 business days |
10 business days |
(F) Oil and gas waste facility transfer. If ownership of an oil and gas waste facility is transferred to a new person, that person shall apply for a permit to operate the oil and gas waste facility on a form specified by the chief. The chief may review an application for a permit prior to transfer of ownership. The new person shall obtain financial assurance and insurance requirements in accordance with rule 1501:9-4-02 of the Administrative Code.
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