Ohio Admin. Code 1501:9-4-01 - Definitions
(A)
"Amendment " means a written authorization of the chief
to make a revision to a certified oil and gas waste facility . "Amendment " means
any of the following:
(1)
Any substantial alteration in the operational processes
at an oil and gas waste facility ;
(2)
Any substantial
alteration in the volume of brine or other waste substances that could be
stored, treated, recycled, or processed at the oil and gas waste
facility ;
(3)
Any substantial alteration in the equipment or
appurtenances used to perform the operations at the oil and gas waste
facility ;
(4)
Any substantial alteration to the design or
construction of the oil and gas waste facility ;
(5)
Any alteration to
the design or construction of the oil and gas waste facility that reduces the
ability of the oil and gas waste facility to safely operate; protect public
health and safety, or minimize damage to natural resources; or
(6)
Any alteration
that results in an adjustment of the oil and gas waste facility
boundary .
(B)
"Applicant " means a person that submits an application
for a permit to operate an oil and gas waste facility .
(C)
"Background
sample " means a sample collected from a reference area for comparison with
samples collected on site. The reference area should have the same physical,
chemical, geological, and biological characteristics as the site being
investigated, but has not been affected by activities on the
site.
(D)
"Barrel " means a quantity of liquid equal to forty-two
U.S. gallons.
(E)
"Brine " has the same meaning as in section
1509.01 of the Revised
Code.
(F)
"Certification documents " means a submittal of
documents to the chief that includes all of the following:
(1)
A certification
form ;
(2)
The record drawings of the facility ;
(3)
A modification
summary form , if applicable;
(4)
A verification of
integrity inspection and testing results; and
(5)
A recommendation
of occupancy from the board of building standards.
(G)
"Certification
form " means a signed and sealed form by a professional engineer who has
personal professional knowledge of the construction of the oil and gas waste
facility that is the subject of an application that includes the statement that
"The application documents were designed in accordance with all applicable
statutes and rules adopted under them and the oil and gas waste facility was
constructed in reasonably close conformity with the approved application ,
including all approved material modifications."
(H)
"Chief " means the
chief of the division of oil and gas resources management.
(I)
"Closure " means
the cessation of all storage, recycling , treatment, or processing of brine or
other waste substances for the purpose of permanently terminating any portion
of the operations at an oil and gas waste facility .
(J)
"Construction "
means any alteration of the earth, including soil, sediment, rock, sand,
gravel, and organic material; or the assemblage or initiation of assemblage of
any infrastructure, building, structure , fixtures, or portions thereof for the
purpose of creating an oil and gas waste facility . "Construction " does not
include the short-term storage of equipment or materials; activities to protect
sensitive areas or habitats; seasonal tree and vegetative cutting; or any
activity that does not exceed one acre of earth disturbance conducted for the
preparation of an oil and gas waste facility .
(K)
"Containment "
means primary containment or secondary containment .
(L)
"Contaminant of
concern " means a contaminant for the storing, recycling , treating , or
processing of brine and other waste substances associated with the exploration,
development , well stimulation, production operations, or plugging of oil and
gas resources.
(M)
"Decommissioning plan " means a plan that contains all
of the following:
(1)
A schedule to decommission an oil and gas waste
facility ;
(2)
A description of the closure and of the cleaning of all
containments and equipment for unrestricted use or conditional release;
and
(3)
A description of the removal and proposed final
disposition of all brine and other waste substances from the oil and gas waste
facility .
(N)
"Decommissioning report " means a report that includes
all of the following:
(1)
All manifests for the final disposition of all brine
and other wastes substances removed from the oil and gas waste
facility ;
(2)
The final disposition of all piping , equipment, liners,
rig mats, or other appurtenances used as part of the oil and gas waste
facility ; and
(3)
All analytical results.
(O)
"Division " means
the division of oil and gas resources management, Ohio department of natural
resources.
(P)
"Drill cuttings " means the soil, rock fragments, and
pulverized material that are removed from well as defined in section
1509.01 of the Revised Code and
that may include a de minimus amount of fluid that results from a drilling
process .
(Q)
"Environmental professional " has the same meaning as in
40
C.F.R. 312.10.
(R)
"Facility plans "
means the plans submitted to the chief for an oil and gas waste facility , that
include all of the following:
(1)
Signed and sealed by a professional
engineer;
(2)
Compliant with the Ohio building code ;
(3)
Prepared using
commonly accepted drafting standards;
(4)
Clear, legible,
and drawn to a scale on American national standards institute (ANSI) size D;
and
(5)
And all other information required in rule 1501:9-4-04
of the Administrative Code.
(S)
"Financial
Assurance " means any of the following:
(1)
Surety bond
executed by a surety company authorized to do business in this
state;
(2)
Cash;
(3)
Irrevocable
letter of credit issued by any bank organized or transacting business in this
state; or
(4)
Negotiable certificate of deposit issued by any bank
organized or transacting business in this state.
(T)
"Fluid " means a
waste substance that fails the United States environmental protection agency
standard "SW-846 Test Method 9095B: Paint Filter Liquids Test" and can be
reused in a drilling operation or disposed of in an injection well without
processing other than settling or filtration.
(U)
"Industry
standard " means the criteria within a particular field or industry that are
generally the minimal accepted requirements followed by the members of that
field or industry.
(V)
"Letter of commencement " means a written approval of
the chief to commence storing, recycling , treating , processing , or disposing of
brine or other waste substances associated with the exploration, development ,
well stimulation, production operations, or plugging of oil and gas resources
at an oil and gas waste facility .
(W)
"Long-term oil
and gas waste facility " means an oil and gas waste facility that stores,
recycles, treats, or processes brine or other waste substances associated with
the exploration, development , well stimulation, production operations, or
plugging of oil and gas resources authorized under Chapter 1509. of the Revised
Code, Chapter 1571. of the Revised Code, division 1501:9 of the Administrative
Code, or conditions of a permit issued under those authorities.
(X)
"Manifest " means
a shipping document that describes the brine or other waste substances when it
is transported by any means other than a pipeline and contains a description of
the brine or other waste substances , the name of the person that generated the
brine or other waste substances , the volume of brine or other waste substances ,
and the destination of the brine or other waste substances .
(Y)
"Material
modification " means any of the following that occurs during construction , in
accordance with rule 1501:9-6-07 of the Administrative Code:
(1)
Any substantial
alteration to the design or construction of an oil and gas waste
facility ;
(2)
Alteration to the design or construction of the oil and
gas waste facility that reduces the ability of the oil and gas waste facility
to safely operate, protect public health and safety, or minimize damage to
natural resources; or
(3)
Any alteration that results in an adjustment of the oil
and gas waste facility boundary .
(Z)
"Modification
summary form " means a form prescribed by the chief that is submitted
electronically to the division that includes all modifications made to an
approved application , is updated daily upon performance of a modification, and
is made available for review by the division at the oil and gas waste facility
site during construction .
(AA)
"Naturally
occurring radioactive material " or "NORM " has the same meaning as in section
3748.01 of the Revised
Code.
(BB)
"Notice of application " means a notification provided
by the division that an application for a permit for an oil and gas waste
facility has been submitted to the division , which includes all of the
following information as applicable:
(1)
The name and
address of the applicant ;
(2)
The township, county and address or coordinates of the
oil and gas waste facility ;
(3)
The phone number,
website address and mailing address of the division ;
(4)
The name, title,
email, and telephone number of the applicant 's contact;
(5)
A description of
each type of waste substance that will be stored, processed, treated, or
recycled by the oil and gas waste facility ;
(6)
The proposed
maximum volume of brine and each other waste substances that is proposed to be
stored or used in any phase of processing , treatment, or recycling at the oil
and gas waste facility ;
(7)
A statement to all parties required to be notified
pursuant to this chapter that the division will consider all written comments
received by the division , within thirty calendar days of the posting of the
public notice on the division 's website; and
(8)
A statement to an
owner of real property, who receives the notice of application pursuant to this
chapter, that within five business days of receipt of the notice of
application , the owner of real property is required to provide notice of
application to each residence in an occupied dwelling that is located on the
owner's parcel of real property.
(CC)
"Ohio Building
Code " means the requirements established in division 4101:1 of the
Administrative Code.
(DD)
"Oil and gas waste facility " or "facility " means all
buildings, structures, portions of a building or structure , vessels,
containers, equipment, pipelines, and other fixtures at a location for the
purpose of storing, recycling , treating , processing , or disposing of brine or
other waste substances associated with the exploration, development , well
stimulation, production operations, or plugging of oil and gas resources
authorized under Chapter 1509. of the Revised Code, Chapter 1571. of the
Revised Code, division 1501:9 of the Administrative Code, or conditions of a
permit issued under those authorities. "Oil and gas waste facility " does not
include any of the following:
(1)
Operations authorized by a permit issued under section
1509.06 of the Revised Code,
including associated exploration, development , well stimulation, production
operations, or plugging of oil and gas resources that take place at a well site
and only serve operations at that well site;
(2)
Operations
authorized by a permit issued under section
1509.21 of the Revised Code and
operations authorized by a permit issued pursuant to division (D) of section
1509.22 of the Revised Code and
rules adopted under it;
(3)
Storing of brine or other waste substances in a
vehicle, vessel, or container at locations for less than seventy-two hours for
which a manifest has been generated in accordance with paragraph (B) of rule
1501:9-6-08 of the Administrative Code;
(4)
A facility used
by a government authority to store brine used solely for ice and/or dust
control in accordance with an approved brine spreading resolution subject to
section 1509.226 of the Revised Code;
or
(5)
A facility that disposes of other waste substances
pursuant to a permit issued under Chapter 3734 of the Revised Code and rules
adopted under it.
(EE)
"Oil and gas
waste facility boundary " means the boundary delineated for an oil and gas waste
facility and includes all areas physically altered for construction and related
to the operation of the facility including erosion and sediment controls, storm
water management and pipelines.
(FF)
"Oil and gas
waste facility permit " means an authorization to 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 under this chapter.
(GG)
"Original
condition " means the site conditions existing prior to the construction and
operation of an oil and gas waste facility .
(HH)
"Other waste
substances ," "waste substance ," or "waste " means a substance that results from
the exploration, development , well stimulation, production operations, or
plugging of oil and gas resources. "Other waste substances ," "waste substance ,"
or "waste " does not include wastes associated with gas processing facilities or
pipelines not regulated under Chapter 1509. of the Revised Code and any rules
adopted under it. "Other waste substances ," "waste substance ," or "waste "
includes, but is not limited to, the following:
(1)
Drill cuttings ,
used proppants, used filter media, lost circulation materials, and used
drilling muds;
(2)
Solids generated from the storing, recycling , treating ,
or processing of drill cuttings , used proppants, used filter media, lost
circulation materials, and used drilling muds;
(3)
Drill cuttings ,
used proppants, used filter media, lost circulation materials, and used
drilling muds that are stored, recycled, treated, or processed as ingredients
to create a product;
(4)
Earthen materials mixed with brine or any substances
listed in paragraph (GG)(1) of rule 1501:9-3-01 of the Administrative
Code;
(5)
Oil, gas, or condensate that is not removed from the
substance prior to acceptance at a facility ; and
(6)
Non-potable water
resulting, obtained, or produced from the exploration, drilling, stimulation,
testing, workover, plugging of an oil and gas well or production of oil or
gas.
(II)
"Permittee " means a person who has been issued an oil
and gas waste facility permit under this rule.
(JJ)
"Person " has the
same meaning as in section
1509.01 of the Revised
Code.
(KK)
"Pipeline " means pipe, associated appurtenances, and
conveyances that are installed or used for the transportation of brine or other
waste substances associated with the exploration, development , well
stimulation, production operations, or plugging of oil and gas resources
"Pipeline " also means pipe, appurtenances, and conveyances used to transport
brine to a class II disposal well . "Pipeline " does not include process
piping .
(LL)
"Preliminary site review " means a site visit conducted
by the chief that includes the applicant or the applicant 's designee and the
professional engineer, if applicable, who is responsible for preparing the
drawings or the professional engineer's designee to review the location of a
proposed oil and gas waste facility .
(MM)
"Preoperational
site review " means a site visit conducted by the chief that includes the
permittee 's designee and the professional engineer who is responsible for
preparing the record drawings or their designee to review an oil and gas waste
facility to ensure accuracy of the certification documents .
(NN)
"Primary
containment " means a structure or equipment that is or will be in direct
contact with brine or with other waste substances to prevent a release of the
brine or other waste substance , including but not limited to a tank, vessel,
dike, pipe, liner, vault, or other equipment.
(OO)
"Process piping "
or "piping " means pipe, associated appurtenances, and conveyances associated
with storing, processing , treating , or recycling activities at an oil and gas
waste facility for which a permit has been issued pursuant to Chapter 1501:9-6
of the Administrative Code.
(PP)
"Processing " or
"process " means to subject brine or other wastes to mechanical or physical
procedures.
(QQ)
"Production operation " has the same meaning as in
section 1509.01 of the Revised
Code.
(RR)
"Professional engineer" and "professional surveyor"
have the same meanings as in section
4733.01 of the Revised
Code.
(SS)
"Qualified person " means a person that has specific
training, expertise and experience that meets common industry standards for
performing specific testing and inspections to verify component and system
integrity and is not an employee or operator of the oil and gas waste facility
whose components or systems are being assessed.
(TT)
"Reagent " means
a product or chemical used in processing or treating brine or other waste
substances .
(UU)
"Reclamation " means actions taken upon closure of an
oil and gas waste facility to decommission, assess, remediate, and restore a
former oil and gas waste facility site to conditions that do not present a
threat to human health or safety or to the environment.
(VV)
"Recommendation
of occupancy " means approval of a building or structure for the purpose under
which the building or structure is to be used.
(WW)
"Recycling " or
"recycle " means to process or treat brine or other waste substances in order to
use again.
(XX)
"Record " means information developed and maintained
during the operation of an oil and gas waste facility . "Record " includes, but
is not limited to, logs of storm water discharge, verification of integrity
results, manifests, analytical testing results related to the manifests,
standard operating procedures, and log of inspections.
(YY)
"Record
drawings " means a revised set of drawings generated from the as-built
construction drawings that are signed, sealed, and submitted by a professional
engineer after completion of construction of an oil and gas waste facility that
reflect all modifications made during construction to an application approved
under Chapter 1501:9-6 of the Administrative Code and show the dimensions,
geometry, and location of all elements of the work completed.
(ZZ)
"Remedial action
plan " means a plan prepared by an environmental professional that describes
mitigations of any negative impacts from the operation of the oil and gas waste
facility and the potential to cause harm to human health, safety, or the
environment and includes all of the following:
(1)
A means to
determine the vertical and horizontal extents of the contaminants'
migration;
(2)
Appropriate cleanup standards for any contaminants of
concern
(3)
A course of action on how to remediate the contaminated
soils, ground water, and surface water; and
(4)
A schedule of
implementation.
(AAA)
"Remedial
action report " means a detailed report prepared by an environmental
professional that explains all remedial actions performed pursuant to a
remedial action plan and includes all of the following:
(1)
A tabular summary
of all groundwater, surface water, and soil sampling analytical laboratory
results;
(2)
A map identifying sample locations;
(3)
A description of
and rationale for all sampling activities;
(4)
A description of
sampling protocols;
(5)
All analytical laboratory data;
(6)
Manifest (s) for
the lawful disposal or recycling of waste substances removed during the
remedial actions; and
(7)
Conclusions of the environmental professional upon
completion of the remedial action phase.
(BBB)
"Secondary
containment " means a structure , including but not limited to, a tank, vessel,
berm, dike, pipe, liner, vault, curbing, drip pan, sump, or other equipment
constructed or placed in a manner to temporarily contain a release of brine or
other waste substance from primary containment and to prevent the brine or
other waste substance from coming into contact with the ground water or the
land, or to be discharged or likely to be discharged into surface
water.
(CCC)
"Short-term oil and gas waste facility " means an oil
and gas waste facility that allows for temporary storing, recycling , treating ,
or processing of brine or other waste substances associated with the
exploration, development , well stimulation, production operations, or plugging
of oil and gas resources authorized under Chapter 1509. of the Revised Code,
Chapter 1571. of the Revised Code, division 1501:9 of the Administrative Code,
or conditions of a permit issued thereunder.
(DDD)
"Site
assessment plan " means a plan prepared and performed by an environmental
professional that sets forth the criteria and evaluations to be used to
determine if operations of an oil and gas waste facility impacted the soil,
surface water, and/ or groundwater, which describes screening and visual
inspection of the oil and gas waste facility and soil samples, groundwater, and
surface water samples analyzed for contaminants of concern and includes a
schedule of implementation.
(EEE)
"Site
assessment report " means a report prepared by an environmental professional
that describes the sampling methodology and rationale, procedures for
collection of samples, comparison of analytical data to background samples,
conclusions based on the comparison of the analytical data determining whether
remedial actions are necessary, and all supporting laboratory
results.
(FFF)
"Site restoration inspection " means an inspection by
the chief with the permittee or the permittee 's designee to review the site of
a reclaimed oil and gas waste facility to ensure compliance with the approved
site restoration plan .
(GGG)
"Site restoration plan " means a plan that details the
proposed restoration of an oil and gas waste facility and that includes
construction documents prepared by a professional engineer and an
implementation schedule.
(HHH)
"Solid " means a
waste substance that passes the United States environmental protection agency
standard "SW-846 Test Method 9095B: Paint Filter Liquids Test."
(III)
"Stabilization " means treating a waste to permanently bind or eliminate the
fluid content in the waste substance .
(JJJ)
"Stabilization
agent " means a material such as portland cement, quick lime (calcium oxide), or
other material approved by the chief that binds or chemically reacts with the
liquid component in a waste and results in a solid that when compressed does
not release brine or other liquid.
(KKK)
"Storing" or
"store" means to accumulate or collect with a means for ultimate disposal of
the brine or other waste substances .
(LLL)
"Surface
facility " means a facility that is solely connected to a class II disposal well
for the purposes of filtering, storing, or filtering and storing brine prior to
injection and the facility has a total nominal storage volume of twelve
thousand barrels or less.
(MMM)
"Suspension "
means a waste substance that is not a solid and is not a fluid .
(NNN)
"Technologically enhanced naturally occurring radioactive
material " or "TENORM " has the same meaning as in section
3748.01 of the Revised Code.
"TENORM " includes all of the following if the radionuclide concentrations have
been increased by or as a result of past or present human activities:
(1)
Proppants
previously used in a well ;
(2)
Oil-based
drilling mud, water-based drilling mud, brine , and other fluids that have been
circulated in a well ;
(3)
Solids accumulated in pipes, valves, or equipment that
convey brine or oil and gas waste substances;
(4)
Solids that have
settled to the bottom of containments that have been used to store, recycle ,
treat , or process brine or oil and gas waste substances;
(5)
Rinsate generated
from the cleaning or washing of vessels, containments, pipes, or equipment
associated with a production operation or the transportation of brine and other
waste substances ;
(6)
Filter media used to remove particulates and solids
from oil and gas related fluids; and
(7)
Any other
material that is mixed with any substance identified in this
paragraph.
(OOO)
"Temporary " means a period of time that does not exceed
one year from the receipt of a letter of commencement .
(PPP)
"Treating " or
"treat " means to subject brine or other waste substances to chemical
procedures.
(QQQ)
"Verification of integrity " means the testing or
inspection in accordance with industry standards of all primary containment ,
secondary containment , equipment, piping systems, and other appurtenances at
the oil and gas waste facility that are performed by a qualified person and are
of the appropriate type for the component and system being tested or
inspected.
(RRR)
"Well " has the same meaning as in section
1509.01 of the Revised
Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 1509.03, 1509.22
Rule Amplifies: 1509.01, 1509.02, 1509.03, 1509.22
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