(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 shall 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 paragraphs (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 shall 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 shall 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 shall 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 required to notify the division of oil and gas resources management
regarding an occurrence specified in paragraphs (A)(1) to (10) of this rule
shall provide at the time of notification required under 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 shall 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 required under this paragraph shall 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 eliminate the requirement that a reporting person or
contractor as referenced in this rule comply with any applicable state or
federal law.