Current through all regulations passed and filed through December 16, 2024
[Comment: For dates of non-regulatory
government publications, publications of recognized organizations, federal
rules and federal statutory provisions referenced in this rule, see paragraph
(AA) of rule
3745-34-01 of the Administrative
Code.]
(A) Permit application.
(1) Except for owners of class V wells
authorized in accordance with the provisions of rule
3745-34-11 of the Administrative
Code, all underground injection activities, including construction and
operation of an injection well, are prohibited unless authorized by permit or
rule.
(2) Pursuant to sections
6111.043 and
6111.044 of the Revised Code, an
underground injection control well owner must apply for a permit to drill or a
permit to operate, as applicable. Obtaining a permit to drill under section
6111.044 of the Revised Code and
Chapter 3745-34 of the Administrative Code satisfies the requirements of
division (J) of section
6111.03 and section
6111.45 of the Revised
Code.
(3) Obtaining a permit for a
class II or class III well under Chapter 1509. of the Revised Code exempts the
permit holder from permit requirements under this rule.
(4) Authorization for class V well injections
for which permit applications have been submitted shall lapse for a particular
class V well injection or project upon the effective date of the permit or
permit denial for that well injection or project.
(B) Who applies. The owner of the proposed or
existing underground injection well shall
submit a permit
application signed pursuant to rule
3745-34-17 of the Administrative
Code for the permit to drill and the permit to operate. The permit
application shall be signed pursuant to rule
3745-34-17 of the Administrative
Code.
(C) Time to apply. Any person
who proposes an underground injection for which a permit will be required shall
apply for and receive a permit to drill prior to drilling and constructing the
underground injection well. Any person who proposes an underground injection
for which a permit will be required shall apply for and receive a permit to
operate before commencing injection into a well.
(1)
Time to reapply.
The conditions of an expired permit to operate continue in force in accordance
with section 119.06 of the Revised Code if a
complete renewal permit to operate application is submitted at least one
hundred eighty days prior to the expiration date of the current permit to
operate and the director has failed to act on the application.
(2)
Effect. Permits
to operate continued under this paragraph remain fully effective and
enforceable.
(3)
Enforcement. When the permittee is not in compliance
with the conditions of the expiring or expired permit the director may choose
to do any or all of the following:
(a)
Initiate enforcement action based upon the permit which
has been continued.
(b)
Issue a notice of intent to deny the new permit. If a
final action becomes effective to deny a permit, the owner of operator shall
immediately cease operation of the well.
(c)
Issue a new
permit under section 6111.044 of the Revised Code
with appropriate conditions.
(d)
Take other
actions authorized by this chapter or any other applicable regulations or
laws.
(D) Completeness. The director shall not
issue a permit before receiving a complete application for a permit except for
emergency permits. An application for a permit is complete when the director
receives an application form and any supplemental information completed to the
director's satisfaction. The completeness of any application for a permit shall
be judged independently of the status of any other permit application or permit
for the same facility or activity.
(E) Information requirements. All applicants
for permits shall provide the following information to the director, using the
application form provided by the director:
(1)
The activities conducted by the applicant which require it to obtain permits
under the following federal or state laws:
(a)
The Resource Conservation and Recovery Act .
(b) The national pollution discharge
elimination system (NPDES) program under the Clean Water Act
if liquid or semi-liquid waste are discharged as a
publicly owned treatment works (POTW). The applicant shall provide the POTW
NPDES permit number.
(c) Chapter
6111. of the Revised Code.
(d) The
prevention of significant deterioration program (PSD) under the Clean Air Act
(CAA).
(e)
Chapter 3704. of the Revised Code.
(2) Name, mailing address, and location of
the facility.
(3) Up to four
standard industrial classification (SIC) codes which best reflect the principal
products or services provided by the facility.
(4) The operator's name, address, telephone
number, ownership status of federal, state, private, public or entity, and if a
corporation, the name and address of the statutory agent.
(5) Whether the facility is located on
tribal
lands.
(6) A listing of all permits
or construction approvals received or applied for under any of the following
programs:
(a) Hazardous waste management
program under RCRA and Chapter 3734. of the Revised Code.
(b) Underground injection control (UIC)
program under the Safe Drinking Water Act (SDWA), and Chapter 6111. of the Revised Code.
(c) NPDES program under the CWA and Chapter
6111. of the Revised Code.
(d)
Prevention of significant deterioration (PSD) program under the CAA and Chapter
3704. of the Revised Code.
(e)
Nonattainment program under the CAA and Chapter 3704. of the Revised
Code.
(f) National emissions for
hazardous pollutants (NESHAPS) preconstruction approval under the CAA and
Chapter 3704. of the Revised Code.
(g) Ocean dumping permits under the Marine
Protection Research and Sanctuaries Act (MPRSA).
(h) Dredge and fill
permits under Section 404 of CWA and Chapter 3745-32 of the Administrative
Code.
(i) Other relevant
environmental permits, including state permits.
(7) The location of the well or the location
where the well is proposed to be drilled given by the latitude and longitude to
the nearest second, and the location of the tract on which the well is to be
drilled identified by section or lot number, city, village, township, and
county.
(8) Designation of the well
by name and number.
(9) The name of
the geological formation to be tested or used and the proposed total depth of
the well.
(10) The type of
drilling, completion, and injection equipment to be used.
(11) The plan for disposal of water and other
waste substances resulted, obtained, or produced in connection with drilling,
conversion, or testing.
(12) The
chemical composition and physical properties of the substance to be
injected.
(13) A topographic map
(or other map if a topographic map is unavailable), on a scale not smaller than
four hundred feet to the inch, prepared by an Ohio registered surveyor and
extending one mile beyond the property boundaries of the source, shall depict
the location of all of the following:
(b) Each of the
facilities intake and discharge structures.
(c) The proposed injection wells.
(d) Each of the facilities hazardous waste
treatment, storage, and disposal units.
(e) Solid waste disposal units at the
facility.
(f) Each well where
fluids from the facility are injected underground.
(g) All wells permitted to inject fluids
underground.
(h) Active, closed,
and temporarily abandoned oil and gas wells.
(i) Those wells, springs, and other surface
water bodies; and drinking water wells listed in public records or otherwise
known to the applicant including the drinking water source protection area for
all public water supply wells identified.
(j) If the injection well is currently or is
proposed to be located within the excavations and workings of an active mine,
the map shall include all of the following:
(i) The location of the mine.
(ii) The name of the mine.
(iii) The name of the person operating the
mine.
(k) If the well is
currently or is proposed to be located within the excavations and workings of
an abandoned mine, the map shall include all of the following:
(i) The location of the mine.
(ii) The name of the mine, if
known.
(iii) The dates the mine
operated, if known.
(14) A brief description of the nature of
business.
(15) A plugging and
abandonment plan that meets the provisions of either of the following:
(a) Rule
3745-34-36 of the Administrative
Code for all class I wells
and rule
3745-34-60 of the Administrative
Code for class I hazardous waste wells.
(b) Paragraph (O) of rule
3745-34-11 of the Administrative
Code for class V wells.
(16) A plan for the testing, drilling, and
construction of the proposed new injection well shall be included within all
permit to drill applications. The director may require a demonstration of
knowledge and experience by the designer for projects containing a high degree
of complexity, non-standard technology, unusual features, or deviations from
standards and guidelines used by the agency.
(F) Record keeping. Applicants shall keep
records of all data used to complete permit applications and any supplemental
information submitted under this rule for a period of at least three years from
the date the application is signed or for the duration of the permitted life of
the well, whichever time period is longer. This period may be extended by
request of the director at any time.
(G)
Applications for permits and for modifications for
permits shall be accompanied by a nonrefundable fee
in accordance with the following:
(1)
The fee for an application for an injection well
permit to drill for a class I well or a new
class I well is three thousand
dollars.
(2)
The fee for an
application for an injection well permit to operate for a class V well
or a new class V well
is three thousand dollars.
(3)
There is no
application fee for an application for an existing class I
well.
(4)
The fee for a modification to a permit to operate for a
class V well submitted pursuant to rule
3745-34-23 of the Administrative
Code is seven hundred fifty dollars.