Ohio Administrative Code
Title 1501:9 - Division of Mineral Resources Management - Oil and Gas
Chapter 1501:9-4 - Oil and Gas Waste Facilities
Section 1501:9-4-06 - Design and operational requirements of an oil and gas waste facility
Universal Citation: OH Admin Code 1501:9-4-06
Current through all regulations passed and filed through September 16, 2024
(A) On and after the effective date of this rule, any person who stores, recycles, treats, processes, or disposes of brine or other waste substances at an oil and gas waste facility shall comply with all the operational requirements and standards in this rule, unless specifically exempted in this rule. Compliance with this rule does not eliminate the requirement that a person comply with any other applicable laws.
(B) Oil and gas waste classification.
No brine or other oil and gas waste substances
resulting from the exploration, development, well stimulation, production
operations, or plugging of oil and gas resources shall be accepted at or
removed from an oil and gas waste facility by means other than pipeline unless
the brine or other oil and gas waste substance is accompanied by a manifest as
described in this rule.
Describe the
brine or other waste substances on the manifest using the following
terms:
(1)
Solid, fluid, or suspension, as defined in this chapter, to describe the
consistency of the brine or other waste substances; and
(2)
TENORM or NORM,
as defined in this chapter. If the material is identified as TENORM, attach
analytical testing results by a laboratory approved to test TENORM by the Ohio
Department of Health unless not determined in accordance with division (A) of
section 1509.074 of the Revised Code and
further describe the material using one of the following terms:
(a)
"Minus" is a
classification term that identifies the TENORM concentration as less than seven
pCi/g combined radium 226 and radium 228; or
(b)
"Plus" is a
classification term that identifies the TENORM concentration as equal to or
greater than seven pCi/g combined radium 226 and radium 228.
(C) Brine and other waste substance storage.
(1)
Brine and other waste substance storage systems must be
designed, constructed, and operated in a manner to prevent discharge of brine
or other waste substances into the groundwater, into or on the land, or into
surface waters.
(a)
No brine or other waste substances may be stored for a
period of more than nine months without removal of brine or other wastes
substances from the oil and gas waste facility.
(b)
Other waste
substances are a waste until such time that the waste leaves the oil and gas
waste facility and is lawfully disposed of or used for an approved lawful
purpose.
(c)
Basins, catchments, sumps or other impoundments
designed and constructed solely to store storm water for sediment control are
exempt from the requirements outlined in this rule.
(d)
Primary
containment shall not overflow. Secondary containment shall not be used as
primary containment.
(e)
If after an inspection and for good cause, the chief
may require the person operating the oil and gas waste facility to empty and
clean the primary containment. All brine and other waste substances removed
during this activity shall be disposed of lawfully.
(2)
The containment
standards for oil and gas waste facilities include all of the following:
(a)
Design by a
qualified professional engineer.
(b)
Design, install,
operate, and maintain to prevent a release of brine or other waste substances
from the containment.
(c)
Install, test, operate, and maintain in accordance with
the manufacturer's recommendations and specifications.
(d)
Capable of
storing brine or other waste substances without collapse, rupture, or
failure.
(e)
Compatible with the substance that it contains and the
physical and climatic conditions to which the containment will be
exposed.
(f)
Protect all metallic storage containment from corrosion
by cathodic protection, appropriately designed coating systems, or other means
approved by the chief.
(g)
Protect all above ground metal storage tanks from
lightning in accordance with industry standards.
(h)
Design, install,
test, operate, and maintain geomembrane liner systems in accordance with the
manufacturer's recommendations and specifications. Utilize testing methods in
accordance with ASTM standards, international association of geosynthetic
installers standards, or other standards as approved by the
chief.
(i)
Provide foundation or base support for the containment
that is resistant to pressure gradients above and below the system and capable
of preventing failure due to settlement, compression, or
uplift.
(j)
Design, install, and maintain containment to prevent
physical damage from equipment due to excessive stress, settlement, vibration,
expansion, or contraction.
(k)
Repair or replace
any containment or containment component such as liners, gaskets, piping,
pumps, valves, cathodic protection system, rivets, and bolts immediately upon
detection of failure or imminent failure.
(l)
Inspect and
assess by a qualified person containments or containment system components that
were utilized previously in a different service or at a different location. At
a minimum, investigate and disclose the following in the assessment:
(i)
Design
standard(s), if available, to which the containment or containment components
is constructed;
(ii)
Compatibility of substance to be stored in the
containment;
(iii)
Existing condition of the containment or containment
components; and
(iv)
Age of the containment or containment
components.
(3)
Primary
containment standards are as follows:
(a)
Provide failsafe
mechanisms, such as overfill protection, shut-off valves, and leak detection
systems.
(b)
Affix and maintain an outward visible label to or
provide signage for all primary containment, as applicable, which identifies
the contents. If the primary containment is a tank, the label or sign will also
identify the maximum volume.
(c)
Maintain a
minimum of six inches of freeboard within all primary containment that is
exposed to precipitation. A larger freeboard may be required by the
chief.
(d)
Provide appropriate air release and vacuum release on
all primary containment, as applicable, and install filters on any air release
system to control odors when necessary.
(e)
In addition to
all other remedies provided by law, the chief may prohibit the use or require
the repair of any pit or tank which fails to conform to any of the requirements
of this rule. The chief may limit the amount of brine and other waste
substances stored at an oil and gas waste facility.
(f)
Burial of any
tank is prohibited.
(g)
The chief may require additional containment standards
other than those listed in this rule for a long-term oil and gas waste
facility.
(h)
A liner may only be used as primary containment at an
oil and gas waste facility authorized under a short-term
permit.
(4)
Secondary containment standards are as follows:
(a)
Provide one
hundred ten per cent of the capacity of the largest single primary containment
or the total capacity of multiple primary containments that are piped together
to function as a single containment, whichever is greater. Provide an
additional six inch freeboard if the secondary containment is exposed to
precipitation.
(i)
If the multiple primary containments that are piped
together are designed and operated with an isolation system to prevent release
of the total volume of the piped system during a primary containment failure,
then it may be considered as separate containment volumes.
(b)
Design and maintain as a means to capture an incidental spill or release from a
primary containment and a catastrophic failure of a primary
containment.
(c)
Remove any accumulation of storm water in the secondary
containment within thirty-six hours after the accumulation. For facilities
connected to a class II disposal well, the chief may require the installation
of a pumping system to keep the secondary containment free of storm
water.
(d)
Provide secondary containment for all pumps and other
appurtenances that are associated with the storage, processing, or conveyance
of brine or other waste substances.
(e)
Disclose
allowable leak rates for geomembrane systems.
(5)
Conveyance
systems standards are as follows:
(a)
Process piping.
(i)
Design, install,
operate, and maintain dedicated process piping and any supporting structures
for flow of all brine, other waste substances, and other materials used in the
storing, processing, treating, recycling, or disposal of the brine or other
waste substances.
(ii)
Design and install process piping systems in a manner
that minimizes abrasion and corrosion in the piping system and allows for
expansion and contraction of the conveyance system.
(iii)
Design process
piping systems to be compatible with the substance that they carry and the
physical and climatic conditions to which the piping system will be
exposed.
(iv)
Design, install, and maintain a secondary containment
system for all process piping systems.
(v)
Affix and
maintain a label on all process piping to identify the contents and flow
direction of the pipe contents.
(b)
Pipelines.
(i)
Design, install,
operate, and maintain pipelines and any supporting structures to prevent a
release of brine or other waste substances and to have a working pressure
rating equal to or greater than the highest anticipated operating pressure to
which the pipeline might be exposed to. Pipelines used to transport brine to a
class II disposal well shall have a working pressure rating equal to or greater
than the maximum allowable injection pressure prescribed in rule 1501:9-6-09 of
the Administrative Code.
(ii)
Design, install, operate, and maintain dedicated and
controlled pipelines for flow of all brine and other waste
substances.
(iii)
Design and install pipelines in a manner that minimizes
abrasion and corrosion in the pipeline and allows for expansion and contraction
of the pipeline.
(iv)
Design pipelines to be compatible with the substance
that they carry and the physical and climatic conditions to which the pipeline
will be exposed.
(v)
Design, install, and maintain a means to detect, and
capture a leak from the pipeline.
(vi)
Design, install,
and maintain a means to detect and locate a pipeline.
(vii)
Design,
install, operate, and maintain pipelines in a manner to protect public water
intakes, ponds, developed springs, water wells, wetlands, or any water of the
state as defined in section
1509.01 of the Revised Code and
the chief may require a means to isolate pipeline segments near these areas, or
for the protection of human health, safety, or the environment.
(viii)
Design,
install, operate and maintain pipelines with fittings that are accessible from
ground level, approved by the chief that allow for installation of gauges or
other equipment for monitoring by the division.
(c)
On-site storm
water management standards are as follows:
(i)
Discharge all
storm water from secondary containment through controlled conveyance
systems.
(ii)
Maintain all valves, pipe, or other equipment designed
to discharge storm water outside of the secondary containment closed and affix
and maintain a tamper-proof seal or lock.
(iii)
Screen or test
prior to discharge all storm water from secondary containment to ensure that
the storm water has not been contaminated with brine or other waste
substances.
(iv)
Include estimated volume, screening and testing
results, date of discharge, and the person responsible for authorizing the
discharge in records for all storm water discharged from secondary
containment.
(D) Solids and stabilization standards are as follows:
(1)
Store all solids
within primary and secondary containment.
(2)
Perform all
stabilization operations within primary and secondary
containment.
(3)
Store all solids in a manner that prevents contact with
storm water. Clearly mark and identify all solid storage areas with
signage.
(4)
Capture and lawfully manage or dispose of any liquid
that comes in contact with solids.
(5)
Other waste
substances shall be stabilized with a stabilization agent if disposed of in
this state at a licensed solid waste landfill. If the waste substance is to be
transported or disposed of out of state, the permittee shall comply with all
applicable state and federal laws.
(E) Site security and safety controls. Provide and maintain site security controls at an oil and gas waste facility that prevent accidental or unauthorized entry into the facility or areas of the facility not intended for access by the public, wildlife, and domestic animals. A fence or barrier that completely surrounds the facility or portions of the facility may be required by the chief. The site security controls may include any or all of the following:
(1)
A sign that is
legible from the public right-of-way and includes: oil and gas waste facility
name, oil and gas waste facility permit number, twenty-four-hour emergency
contact telephone number, and 911 address of the oil and gas waste
facility;
(2)
Signs or other means that clearly identify portions of
the oil and gas waste facility that are intended to be accessible only to
authorized personnel;
(3)
Lighting that illuminates the oil and gas waste
facility sufficiently to discourage acts of vandalism, but will not create a
lighting nuisance to adjacent properties;
(4)
Signs or other
means that clearly identify ingress, egress, and traffic flow
patterns;
(5)
Mesh, screening or other controls to prevent access by
migratory birds on open top containments, as necessary; and
(6)
A wind-sock for
wind direction determination.
(F) Monitoring and inspection procedure. An oil and gas waste facility shall have an employee present onsite during all times of offloading, loading, treating, processing, or recycling of other waste substances.
(1)
Permittee
conducted inspections.
(a)
Develop and implement an inspection procedure and
schedule for all equipment, containment systems, pipelines, and other
appurtenances at the oil and gas waste facility. The chief may require a
permittee to conduct such inspections on a schedule that is different than a
permittee's schedule, if there is just cause.
(b)
The inspection
procedure is to ensure all equipment and other appurtenances associated with
the oil and gas waste facility are maintained in a safe and functional
manner.
(c)
Inspections may include, but not be limited to,
containment tanks, liner systems, pumps, process piping, pipelines, monitoring
equipment, monitoring wells, and other inspections recommended by equipment
manufacturers or others experienced with the operation and maintenance of the
equipment and other appurtenances.
(d)
Document on a log
all inspections performed, name of the person performing the inspection, date
of the inspection, findings of the inspection, and actions taken as a result of
the inspection.
(2)
A person may only
operate a pipeline that transports brine or other waste substances if it has
been tested in accordance with the standards of either ANSI/ASME B 31.4
"pipeline transportation systems for liquids and slurries" or ASTM F2164
"standard practice for field leak testing of polyethylene piping systems using
hydrostatic pressure" during the verification of integrity, at least once every
year, after repair of the pipe and any connections, or at the request of the
chief.
(a)
Each
oil and gas waste facility permittee shall give the chief two business days
direct notice in advance of any activity performed under paragraph (F)(2) of
this rule.
(b)
Any test of a pipelines used to transport brine or
other waste shall be witnessed by a division representative.
(3)
The
chief may require the owner of an oil and gas waste facility to install ground
water monitoring wells when contamination of the ground water is suspected. All
ground water monitoring well installation and sampling shall be conducted in
accordance with the U.S. environmental protection agency "RCRA Ground Water
Technical Enforcement Guidance Document OSWER- 9950.1."
(G) Reporting.
A permittee for a long-term
oil and gas waste facility shall submit a report on a form prescribed by the
chief summarizing activities during the previous calendar year, by the
fifteenth day of April of each calendar year. A permittee for a short-term oil
and gas waste facility shall submit a report summarizing activities under the
permit within thirty calendar days of termination of the permit. The report
consists of the following:
(1)
Identification of any minor changes to the operation
that differs from the approved permit;
(2)
Total volume of
brine and other waste substances accepted for storage, treatment, processing,
recycling, or disposal at the facility;
The origin of all shipments of brine and other waste substances shall be
tracked for the previous year and made available to the chief upon
request.
(3)
Total volume and final disposition location of brine
removed from the facility for disposal or recycling and summarized based on the
regulatory district of origin specified in section
1509.22 of the Revised
Code;
(4)
Total volume and final disposition location of waste
removed from the facility for in state disposal or recycling;
(5)
Total amount and
location of waste removed from the facility for out of state disposal or
recycling; and
(6)
A statement that reads "As owner or operator of this
facility, I attest that- the information contained within this report is
accurate and true to the best of my knowledge."
(H) Oil and gas waste facility record keeping. Records are to be maintained for a minimum period of three years after the date the record is generated and are to be submitted to the chief upon request or as required in Chapter 1509. of the Revised Code or division 1501:9 of the Administrative Code.
(I) Emergency release notification. Provide and maintain in a visible location at an oil and gas waste facility a contact list with phone numbers for notification purposes in the event of a release of brine, other waste substances, or reagents. Include in the contact list the permittee's designated incident response coordinator, applicable federal, state, and local authorities with responsibilities related to a release, and contractors who could respond to the release. Any release at an oil and gas waste facility shall be managed by the permittee in accordance with Chapter 1501:9-8 of the Administrative Code.
(J) The division may sample brine or other waste substances at any time.
(K) Enforcement.
The
chief may immediately suspend operations at an oil and gas waste facility if
any of the following apply:
(1)
The oil and gas waste facility is operated in a manner
different than the approved permit and any approved modifications or
amendments;
(2)
The operation of the oil and gas waste facility does
not perform or is likely not to perform as designed;
(3)
The oil and gas
waste facility does not or is likely not to perform in a manner that supports
safe production operations;
(4)
The operation of
the oil and gas waste facility fails or could reasonably be anticipated to fail
to protect public health and safety;
(5)
The operation of
the oil and gas waste facility causes or could reasonably be anticipated to
cause damage to the environment;
(6)
The oil and gas
waste facility is operated outside of the designated oil and gas waste facility
boundary;
(7)
Any violation of a term or condition of an approved
permit, Chapter 1509. of the Revised Code or division 1501:9 of the
Administrative Code.; and
(8)
Operations at the class II disposal well associated
with the oil and gas waste facility are suspended under rule
1501:9-3-07 of the
Administrative Code or the class II disposal well associated with the oil and
gas waste facility is ordered to be plugged by the chief.
(L) Resuming operations after suspension.
If the chief suspends operations for an oil and gas
waste facility, the oil and gas waste facility permittee shall develop a
written plan that describes any testing to be performed, any actions to correct
the conditions that caused the suspension, and estimated length of time to
complete the plan. Within ten business days of receipt, the chief will review
the plan and either accept it, require modifications, or reject the plan and
order necessary corrective action.
(M) Revocation of a permit.
(1)
If
the oil and gas waste facility has not accepted any brine or other waste
substances for a period of two consecutive years, the person operating the oil
and gas waste facility shall close and reclaim the oil and gas facility
pursuant to rule 1501:9-4-07 of the Administrative Code.
(2)
If an accepted
plan developed under paragraph (L) of this rule is not completed in the time
frame established in the plan, the person operating the oil and gas waste
facility shall close and reclaim the oil and gas facility pursuant to rule
1501:9-4-07 of the Administrative Code.
(3)
If a plan
required under paragraph (L) of this rule is not submitted within one hundred
twenty days of the suspension of activity, the person operating the oil and gas
waste facility shall close and reclaim the oil and gas facility pursuant to
rule 1501:9-4-07 of the Administrative Code.
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