Current through all regulations passed and filed through September 16, 2024
(A) By
means of a toll-free telephone number designated by the chief and posted on the
division's website or by electronic means designated by the chief and posted on
the division's website, a reporting person will notify the
division within thirty minutes after becoming aware of the occurrence of any of
the following unless notification within that time is impracticable under the
circumstances:
(1) A release of gas associated
with a reporting person's production operation or a reporting person's other
activity regulated under Chapter 1509. of the Revised Code or under division
1501:9 of the Administrative Code that results from a blowout, an uncontrolled
pop-off valve release in an urban area, or any release of gas that threatens
public safety;
(2) A release of
hydrogen sulfide gas within the working area of a reporting person's production
operation or at a reporting person's location of another activity regulated
under Chapter 1509. of the Revised Code or under division 1501:9 of the
Administrative Code in an amount that results in a sustained airborne
concentration of hydrogen sulfide gas that exceeds twenty parts per million for
a duration greater than ten minutes, or a release of hydrogen sulfide resulting
in injury to or death of an individual;
(3) Except as provided otherwise in this
paragraph, a fire or explosion associated with a reporting person's production
operation or a reporting person's other activity regulated under Chapter 1509.
of the Revised Code or under division 1501:9 of the Administrative Code in
which an emergency responder has been contacted by a reporting person. The
following are not reportable incidents:
(a)
Controlled flaring or controlled burns authorized under Chapter 1509. of the
Revised Code or under division 1501:9 of the Administrative Code or authorized
by the terms and conditions of a permit issued under Chapter 1509. of the
Revised Code;
(b) Properly
functioning emission control devices authorized pursuant to section
3704.03 of the Revised
Code;
(c) Subsurface detonation of
perforation-guns;
(d) Seismic
shots; or
(e) Controlled blasting
for well site construction.
(4) Except as provided in paragraph (A)(5) or
(A)(7) of this rule, a release of oil, condensate, or materials saturated with
oil or condensate that are associated with a reporting person's production
operation or a reporting person's other activity regulated under Chapter 1509.
of the Revised Code or under division 1501:9 of the Administrative Code if the
release is outside of secondary containment and into the environment and if the
release is in an amount that exceeds an estimated two hundred ten United States
gallons within any twenty- four hour period;
(5) A release of oil, condensate, or
materials saturated with oil or condensate, associated with a reporting
person's production operation or a reporting person's other activity regulated
under Chapter 1509. of the Revised Code or under division 1501:9 of the
Administrative Code, if the release is outside of secondary containment and
into the environment and if the release is in an amount that exceeds an
estimated twenty-five United States gallons within any twenty-four hour period
in any of the following:
(a) An urban
area;
(b) An emergency management
zone of a surface water public drinking water supply;
(c) The five-year time of travel associated
with a groundwater based public drinking water supply as delineated or endorsed
under the source water assessment and protection program; or
(d) A one-hundred year flood hazard area as
delineated on the federal emergency management agency's national flood
insurance rate map.
(6)
A release of refined oil products, including but not limited to oil-based
drilling fluid, petroleum distillate, spent or unused paraffin solvent,
gasoline, fuel oil, diesel fuel, or lubricants associated with a reporting
person's production operation or a reporting person's other activity regulated
under Chapter 1509. of the Revised Code or under division 1501:9 of the
Administrative Code if the release is outside of secondary containment and into
the environment and if the release is in an amount that exceeds an estimated
twenty-five United States gallons within any twenty-four hour period;
(7) A release of any substance listed in
paragraph (A)(4), (A)(5), or (A)(6) of this rule associated with a reporting
person's production operation or a reporting person's other activity regulated
under Chapter 1509. of the Revised Code or under division 1501:9 of the
Administrative Code that enters waters of the state in an amount that causes a
film or sheen on the surface of the water;
(8) Except as otherwise provided in paragraph
(A)(9) of this rule or as provided in division (C)(1) and (C)(2) of section
1509.22 of the Revised Code, a
release of brine or semi-solid wastes including but not limited to drilling
mud, sludge, or tank bottom sediments regulated under Chapter 1509. of the
Revised Code or under division 1501:9 of the Administrative Code associated
with a reporting person's production operation or a reporting person's other
activity regulated under Chapter 1509. of the Revised Code or under division
1501:9 of the Administrative Code if the release is outside of secondary
containment and into the environment and if the release is in an amount that
exceeds forty-two United States gallons within any twenty-four hour
period;
(9) Except as otherwise
provided in division (C)(1)(b) or (C)(1)(d) of section
1509.22 of the Revised Code or
section 1509.226 of the Revised Code,
release of brine from a vehicle, vessel, railcar, or container operated by a
person to whom a registration certificate has been issued under section
1509.222 of the Revised Code or
to whom a resolution has been issued pursuant to section
1509.226 of the Revised Code if
the reporting person's release of brine enters the environment and the release
is in an amount that exceeds forty-two United States gallons;
(10) A release within any twenty-four-hour
period at a reporting person's production operation or at a reporting person's
location of any activity regulated under Chapter 1509. of the Revised Code or
under division 1501:9 of the Administrative Code of a hazardous substance or
extremely hazardous substance, or of a mixture or solution that includes a
hazardous substance or an extremely hazardous substance, if the amount of the
hazardous substance or extremely hazardous substance released is equal to or
greater than the applicable reportable quantities as listed in table 302.4 of
40 C.F.R. part 302.4, in effect on the effective date of this rule, for
hazardous substances or as listed in Appendix A or B of 40 C.F.R. part 355, in
effect on the effective date of this rule, for extremely hazardous substances.
However, if the amount of one or more hazardous substances or extremely
hazardous substances released is in a mixture or solution and is unknown, the
reporting person will notify when the total amount of the mixture or
solution release equals or exceeds the reportable quantity for the hazardous
substances or extremely hazardous substances with the lowest reportable
quantity. The Code of Federal Regulations (C.F.R.) references listed in this
paragraph generally can be found in public libraries or electronically at the
website
http://www.gpo.gov/fdsys/.
(B) If a contractor performs
services that are regulated under Chapter 1509. of the Revised Code and rules
adopted under it on behalf of a reporting person, the contractor
will
notify the reporting person immediately, but no later than thirty minutes,
after the contractor becomes aware of any occurrence specified in paragraph (A)
of this rule while performing the services at the reporting person's production
operation or location of the reporting person's other activity regulated under
Chapter 1509. of the Revised Code or under division 1501:9 of the
Administrative Code unless notification within that time is impracticable under
the circumstances. If a contractor performs services that are regulated under
Chapter 1509. of the Revised Code and rules adopted under it on behalf of a
reporting person and the reporting person or reporting person's representative
is not present at the location and the contractor attempts but is unable to
contact the reporting person or reporting person's representative, the
contractor will notify the division of oil and gas resources
management within thirty minutes after the contractor becomes aware of any
occurrence specified in paragraph (A) of this rule unless notification within
that time is impracticable under the circumstances.
(C) A reporting person
who will notify the division of oil and gas resources
management regarding an occurrence specified in paragraphs (A)(1) to (10) of
this rule has
a duty to include in the notification described in paragraph (A) of this
rule all of the following information that is known or can be reasonably
estimated:
(1) The name and phone number of a
person who can provide further information regarding the occurrence;
(2) The location of the occurrence, including
the county, township, section or lot number, directions from the nearest
intersection, and global positioning system coordinates;
(3) The identification information pertaining
to the authorized activity pursuant to Chapter 1509. of the Revised Code or
division 1501:9 of the Administrative Code, such as an authorized owner's or
person's name and the permit number, order number, or registration certificate
number;
(4) The type of occurrence
or occurrences as specified in paragraphs (A)(1) to (A) (10) of this
rule;
(5) The potential health
effects and safety concerns associated with the occurrence;
(6) The mitigation measures initiated or
performed, including any evacuation;
(7) Whether an emergency responder was
contacted to respond to the incident;
(8) The identity of other federal, state, or
local agencies that were notified;
(9) If the occurrence involves a release of
any reportable substance as listed in paragraphs (A)(4) to (A)(10) of this
rule:
(a) The source of the release;
(b) The chemical name, description, or
identity of all substances released;
(c) If the substance is an extremely
hazardous substance;
(d) An
estimate of the quantity in United States gallons released outside of secondary
containment if the substance is a liquid;
(e) An estimate of the quantity in pounds
released outside of secondary containment if the substance is a
solid;
(f) The date, time, and
duration of the release, if known;
(g) An identification of the environmental
medium or media into or onto which the substance was released; and,
(h) Other actions proposed for response to
the release.
(D) Follow-up reporting: If the incident
involves a release of a substance specified in paragraph (A)(4), (A)(6),
(A)(7), or (A)(10) of this rule, the reporting person also
will
submit to the division of oil and gas resources management a follow-up report
no later than thirty days after the release. If necessary to document factors
that contributed to an occurrence specified in paragraph (A) of this rule and
its final resolution, the chief may request a follow-up report. Any follow-up
report specified under this paragraph
will be
on a form prescribed by the chief that is available on the division's website.
A reporting person may submit a follow- up report at any time to amend
information previously provided to the division.
(E) Compliance with this rule does not
alter or eliminate that a reporting person or contractor as referenced in
this rule comply with any applicable state or federal law.
