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Rule 3745-34-01 | Underground injection control definitions.
Effective:
December 12, 2024
(A) (1) "Abandoned well" means a
well whose use has been permanently discontinued or that is in a state of
disrepair such that it cannot be used for its intended purpose or for
observation purposes. (2) "Application" means the
Ohio EPA standard forms for applying for a permit, including any additions,
revisions or modifications to the forms; or forms approved by Ohio EPA,
including any approved modifications or revisions. For a Class I hazardous
waste facility, application also includes the information already required by
the director under section 3734.05 of the Revised Code. (3) "Appropriate act and
regulations" means the Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act (RCRA) or Safe Drinking Water Act
(SDWA), whichever is applicable; Chapter 3734. of the Revised Code and sections
6111.043 and 6111.044 of the Revised Code and all rules promulgated
thereunder. (4) "Aquifer" means a geologic
formation, group of formations, or part of a formation that is capable of
yielding a significant amount of water to a well or spring. (5) "Area of review" means the
area surrounding an injection well described according to the criteria set
forth in rule 3745-34-32 of the Administrative Code, or in the case of an area
permit, the project area plus a circumscribing area of a width that is either
one-quarter of a mile or a number calculated according to the criteria set
forth in rule 3745-34-32 of the Administrative Code. (B) [Reserved.] (C) (1) "Casing" means a pipe or
tubing of appropriate material, of varying diameter and weight, lowered into a
borehole during or after drilling in order to support the sides of the hole and
thus prevent the walls from caving, to prevent loss of drilling mud into porous
ground, or to prevent water, gas, or other fluid from entering or leaving the
hole. (2) "Catastrophic collapse"
means the sudden and utter failure of overlying strata caused by removal of
underlying materials. (3) "Cementing" means the
operation whereby a cement slurry is pumped into a drilled hole or forced
behind the casing. (4) "Cesspool" means a
"well" other than a "septic system" or a "subsurface
fluid distribution system" that receives untreated sanitary waste
containing human excreta, and which sometimes has an open bottom or perforated
sides. (5) "Cone of influence" means
that area around the well within which increased injection zone pressure caused
by injection into the hazardous waste injection well would be sufficient to
drive fluids into an underground source of drinking water (USDW). (6) "Confining bed" means a
body of impermeable or distinctly less permeable material stratigraphically
adjacent to one or more aquifers. (7) "Confining zone" means a
geological formation, group of formations, or part of a formation that is
capable of limiting fluid movement above an injection zone. (8) "Contaminant" means any
physical, chemical, biological, or radiological substance or matter in
water. (9) "Conventional mine" means
an open pit or underground excavation for the production of
minerals. (D) (1) "Director" means the
director of the Ohio EPA or the director's duly authorized
representative. (2) "Disposal well" means a
well used for the disposal of waste into a subsurface formation. (3) "Draft permit" means a
draft action as provided in rule 3745-49-02 of the Administrative
Code. (4) "Drilling mud" means a
heavy suspension used in drilling an injection well, introduced down the drill
pipe and through the drill bit. (5) "Drywell" means a well,
other than an improved sinkhole or subsurface fluid distribution system,
completed above the water table so its bottom and sides are typically dry
except when receiving fluids. (E) (1) "Effective date of a UIC
program" means the date that a state of Ohio UIC program is approved or
established by the United States environmental protection agency. (2) "Emergency permit" means a
UIC permit issued in accordance with rule 3745-34-19 of the Administrative
Code. (3) "Exempted aquifer" means an
aquifer or its portion that meets the criteria in the definition of underground
source of drinking water but that has been exempted according to the procedures
in 40 CFR 144.7. (4) "Experimental technology"
means a technology that has not been proven feasible under the conditions that
are being tested. (F) (1) "Facility" or
"activity" means any hazardous waste facility as defined in section
3734.01 of the Revised Code, UIC injection well, or any other facility or
activity (including land or appurtenances thereto) that is subject to
regulation under Chapter 3734. or 6111. of the Revised Code and all rules
promulgated thereunder. (2) "Fault" means a surface or
zone of rock fracture along which there has been displacement. (3) "Flow rate" means the
volume per time unit given to the flow of gases or other fluid substance that
emerges from an orifice, pump, turbine, or passes along a conduit or
channel. (4) "Fluid" means material or
substance that flows or moves whether in a semisolid, liquid, sludge, gas, or
any other form or state. (5) "Formation" means a body of
rock characterized by a degree of lithologic homogeneity that is prevailingly,
but not necessarily, tabular and is mappable on the earth's surface or
traceable in the subsurface. (6) "Formation fluid" means
fluid present in a formation under natural conditions as opposed to introduced
fluids, such as drilling mud. (G) (1) "Generator" means any
person, by site location, whose act or process produces hazardous waste
identified or listed in Chapter 3745-51 of the Administrative
Code. (2) "Ground water" means water
below the land surface in a zone of saturation. (H) (1) "Hazardous waste" means a
hazardous waste as defined in rule 3745-51-03 of the Administrative
Code. (2) "Hazardous waste management
facility" or "HWM facility" means all contiguous land,
structures, other appurtenances, and improvements on the land used for
treating, storing, or disposing of hazardous waste. A facility may consist of
several treatment, storage, or disposal operational units (for example, one or
more landfills, surface impoundments, or combination of them). (I) (1) "Improved sinkhole" means a
naturally occurring karst depression or other geologic setting which has been
modified by man for the purpose of directing and emplacing fluids into the
subsurface. (2) "Industrial waste" means
any liquid, gaseous, or solid waste substance resulting from any process of
industry, manufacture, trade, or business, or from the development, processing,
or recovery of any natural resource, together with such sewage as is
present. (3) "Injection interval" means
that part of the injection zone in which the well is screened, perforated or in
which the waste is otherwise directly emplaced. (4) "Injection well" means a
well into which fluids are being injected. (5) "Injection zone" means a
geological formation, group of formations, or part of a formation receiving
fluids through a well. (6) "Innovative technology"
means any proposed innovative and experimental hazardous or industrial waste
treatment technology or process for which research and development are
necessary to establish technical or operational validity. (J) [Reserved.] (K) [Reserved.] (L) (1) "Large capacity cesspool"
means a multiple dwelling, community or regional cesspools, or other devices
that receive sanitary wastes, containing human excreta that have an open bottom
and sometimes have perforated sides. The UIC requirements do not apply to
single-family residential cesspools nor to non-residential cesspools that
receive solely sanitary wastes and have the capacity to serve fewer than twenty
persons per day. (2) "Lithology" means the
description of rocks on the basis of their physical and chemical
characteristics. (M) (1) "Manifest" means the
shipping document originated and signed by the generator which contains the
information required by Chapter 3745-52 of the Administrative
Code. (2) "Motor vehicle waste disposal
well" means a well that has the potential to receive, receives, or has
received fluids from vehicular repair or maintenance activities, such as an
auto body repair shop, automotive repair shop, new and used car dealership,
specialty repair shop (e.g. transmission and muffler repair shop), or any
facility that does any vehicular repair work. Fluids disposed in these wells
may contain organic and inorganic chemicals in concentrations that exceed the
maximum contaminant levels (MCLs) established by the primary drinking water
regulations. These fluids also may include waste petroleum products and may
contain contaminants, such as heavy metals and volatile organic compounds,
which pose risks to human health, safety or the environment. (N) [Reserved.] (O) (1) "Other wastes" means
garbage, refuse, decayed wood, sawdust, shavings, bark, and other wood debris,
lime, sand, ashes, offal, night soil, oil, tar, coal dust, dredged or fill
material, or silt, other substances that are not sewage, sludge, sludge
materials, or industrial waste, and any other "pollutants" or
"toxic pollutants" as defined in the Federal Water Pollution Control
Act that are not sewage, sludge, sludge materials, or industrial
waste. (2) "Owner or operator" means
the owner or operator of any facility or activity subject to regulation under
Chapters 3734. and 6111. of the Revised Code and all rules promulgated
thereunder. (P) (1) "Packer" means a device
lowered into a well to produce a fluid-tight seal. (2) "Permit" means an
authorization, license, or equivalent document issued by Ohio EPA to implement
the requirements of Chapter 6111. of the Revised Code. Permit does not include
a draft permit, a permit issued by the hazardous waste facility approval board
under Chapter 3734. of the Revised Code, or rule 3745-34-11 of the
Administrative Code. (3) "Person" means an
individual, association, partnership, the State of Ohio or any agency or
employee thereof, the federal government or any agency or employee thereof, any
other state or agency or employee thereof, any interstate agency, any municipal
corporation, political subdivision, public or private corporation, or other
entity. (4) "Plugging" means the act or
process of stopping the flow of water, oil or gas into or out of a formation
through a borehole or well penetrating that formation. (5) "Plugging record" means a
systematic listing of permanent or temporary abandonment of water, oil, gas,
test, exploration and waste injection wells, and may contain a well log,
description of amounts and types of plugging material used, the method employed
for plugging, a description of formations that are sealed and a graphic log of
the well showing formation location, formation thickness, and location of
plugging structures. (6) "Point of injection" means
the last accessible sampling point prior to waste fluids being released into
the subsurface environment through a class V injection well. For example, the
"point of injection" of a class V septic system might be the
distribution box, which would be the last accessible sampling point before the
waste fluids drain into the underlying soils. For a dry well, it is likely to
be the well bore itself. (7) "POTW" or "publicly
owned treatment works" means any device or system used in the treatment
(including recycling and reclamation) of municipal sewage or industrial wastes
of a liquid nature which is owned by a state or municipality. This definition
includes sewers, pipes, or other conveyances only if they convey wastewater to
a POTW providing treatment. (8) "Pressure" means the total
load or force per unit area acting on a surface. (9) "Project" means a group of
wells in a single operation. (Q) [Reserved.] (R) "Radioactive waste" means any waste that
contains radioactive material in concentrations which exceed those listed in 10
CFR Part 20, "Appendix B," Table II," column 2. (S) (1) "Sanitary waste" means
liquid or solid waste originating solely from humans and human activities, such
as wastes collected from toilets, showers, wash basins, sinks used for cleaning
domestic areas, sinks used for food preparation, cloths washing operations, and
sinks or washing machines where food and beverage serving dishes, glasses, and
utensils are cleaned. Sources of these wastes may include single or multiple
residences, hotels and motels, restaurants, bunkhouses, schools, ranger
stations, crew quarters, guard stations, campgrounds, picnic grounds, day-use
recreational areas, other commercial facilities, and industrial facilities
provided the waste is not mixed with industrial waste. (2) "Schedule of compliance"
means a schedule of remedial measures included in a permit, including an
enforceable sequence of interim requirements (for example, actions, operations,
or milestone events leading to compliance with the appropriate act and
regulations). (3) "Septic system" means a
"well" that is used to emplace sanitary waste below the surface and
is typically comprised of a septic tank and subsurface fluid distribution
system or disposal system. (4) "Sewage" means any liquid
waste containing sludge, sludge materials, or animal or vegetable matter in
suspension or solution, and may include household wastes as commonly discharged
from residences and from commercial, institutional, or similar
facilities. (5) "Site" means the land or
water area where any facility or activity is physically located or conducted,
including adjacent land used in connection with the facility or
activity. (6) "Sole source aquifer" means
any aquifer which has been so designated by the administrator of the United
States environmental protection agency pursuant to section 1424 (a) or (e) of
the SDWA. (7) "Stratum (plural strata)"
means a single sedimentary bed or layer, regardless of thickness, that consists
of generally the same kind of rock material. (8) "Subsidence" means the
lowering of the natural land surface in response to: earth movement; lowering
of fluid pressure; removal or underlying supporting material by mining or
solution of solids, either artificially or from natural causes; compaction due
to wetting (hydrocompaction); oxidation of organic matter in soils; or added
load on the land surface. (9) "Subsurface fluid distribution
system" means an assemblage of perforated pipes, drain tiles, or other
similar mechanisms intended to distribute fluids below the surface of the
ground. (10) "Surface casing" means the
first string of well casing to be installed in the well. (T) (1) "Total dissolved solids
(TDS)" means the total dissolved (filterable) solids as specified in 40
CFR part 136. (2) "Transmissive fault or
fracture" is a fault or fracture that has sufficient permeability and
vertical extent to allow fluids to move between formations. (U) (1) "UIC" means the underground
injection control program under part C of the Safe Drinking Water Act, or under
sections 6111.043 and 6111.044 of the Revised Code. (2) "Underground injection"
means a well injection. (3) "Underground source of drinking
water" or "USDW" means an aquifer or its portion and is not an
exempted aquifer, which does one of the following: (a) (i) Supplies any public water system as defined by Chapter
3745-81 of the Administrative Code. (ii) Contains a sufficient quantity of ground water to supply a
public water system as defined by Chapter 3745-81 of the Administrative Code
and is one of one following: (a) Currently supplies drinking water for human
consumption. (b) Contains fewer than ten thousand mg/l total dissolved
solids. (V) [Reserved.] (W) (1) "Well" means any one of the
following: (a) A bored, drilled, or driven shaft whose depth is greater than
the largest surface dimension. (b) A dug hole whose depth is greater than the largest surface
dimension. (c) An improved sinkhole. (d) A subsurface fluid distribution system as defined in this
rule. (2) "Well injection" means the
subsurface emplacement of fluids through a well. (3) "Well plug" means a
watertight and gastight seal installed in a borehole or well to prevent
movement of fluids. (4) "Well stimulation" means
several processes used to clean the well bore, enlarge channels, and increase
pore space in the interval to be injected, thus making it possible for
wastewater to move more readily into the formation, and includes (1) surging,
(2) jetting, (3) blasting, (4) acidizing, and (5) hydraulic
fracturing. (5) "Well monitoring" means the
measurement, by on-site instruments or laboratory methods, of the quality of
water in a well. (6) "Well work over" means any
work performed on a class I injection well which involves maintenance, repair
or removal and reinstallation of injection tubing string. (X) [Reserved.] (Y) [Reserved.] (Z) [Reserved.] (AA) Incorporation by
reference. This chapter includes references to certain matter or materials. The
text of the referenced materials is not included in the rules contained in this
chapter. Information on the availability of the referenced materials as well as
the date of, or the particular edition or version of the material is included
in this rule. For materials subject to change, only the specific versions
specified in this rule are referenced. Material is referenced as it exists on
the effective date of this rule. (1) Availability. The
materials incorporated by reference are available as follows: (a) Code of Federal Regulations" (CFR). Information
and copies may be obtained by writing to: "U.S. government printing
office, P.O. Box 979050, St. Louis, MO 63197-9000." The full text of the
CFR is also available in electronic format at www.ecfr.gov/. The CFR
compilations are also available for inspection and use at most public libraries
and "State Library of Ohio." (b) Other publications. The availability of these documents
is provided in paragraph (AA)(2) of this rule. However, many of the documents
are also available for inspection and copying at most public libraries and
"The State Library of Ohio." (2) Incorporated
materials. (a) Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, 42 U.S.C. 9601-9675, as amended through
2002. (b) Resource Conservation and Recovery Act (RCRA), 42
U.S.C. 6901-6992k, as amended through 2012. (c) Clean Water Act (CWA) of 1977, 33 U.S.C. Section 1252
et seq. as amended in 2002. (d) Clean Air Act (CAA) of 1970, 42 U.S.C. Section 7401 et
seq. as amended in 1990. (e) Safe Drinking Water Act (SDWA) of 1974, 42 U.S.C.
Section 300 f et seq. as amended in 1996. (f) Marine Protection Research and Sanctuaries Act (MPRSA)
of 1972, 33 U.S.C. Sections 1411, 1414b, 1415, and 1417 as amended in
1988.
Last updated December 12, 2024 at 8:01 AM
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Rule 3745-34-02 | Considerations under federal law.
Promulgated Under:
Ch 119.
Permits shall be issued in a manner and shall contain conditions consistent with requirements of applicable federal laws. These laws may include: (A) The Wild and Scenic Rivers Act, 16 U.S.C. 1273 et seq. (B) The National Historic Preservation Act of 1966, 16 U.S.C. 470 et seq. (C) The Endangered Species Act, 16 U.S.C. 1531 et seq. (D) The Coastal Zone Management Act, 16 U.S.C. 1451 et seq. (E) The Fish and Wildlife Coordination Act, 16 U.S.C. 661 et seq.
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
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Rule 3745-34-03 | Confidentiality of information.
Effective:
November 1, 2018
(A) Any record, report, or other
information obtained by the Ohio environmental protection agency shall be made
available to the public unless making such record, report, or other
information, or particular part thereof, would divulge methods or process
entitled to protection as trade secrets in accordance with this
rule. (B) Information submitted to Ohio EPA
pursuant to these regulations may be claimed as a trade secret by the
submitter. Any such claim shall be asserted at the time of submission in the
manner prescribed on the application form or instructions or, in the case of
other submissions, by stamping the words "confidential business
information" or "trade secret" on each page containing such
information. If no claim is made at the time of submission, or if a claim is
made in a manner inconsistent with rule 3745-49-03 of the Administrative Code,
Ohio EPA may make the information available to the public without further
notice. If a claim is properly asserted, the information will be treated in
accordance with rule 3745-49-03 of the Administrative Code. (C) Ohio EPA considers the information below public under
all circumstances: (1) The name and address
of any permit applicant or permittee. (2) Information which
deals with the existence, absence, or level of contaminants in drinking
water.
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Rule 3745-34-04 | Classification of wells.
Effective:
November 11, 2016
Injection wells are classified as follows: (A) Class I. (1) Wells used by
generators of hazardous waste or owners or operators of hazardous waste
management facilities to inject hazardous waste beneath the lowermost formation
containing an underground source of drinking water (USDW) within one-quarter
mile of the well bore. (2) Other industrial and
municipal disposal wells that inject fluids beneath the lowermost formation
containing a USDW within one-quarter mile of the well bore. (3) Radioactive waste
disposal wells that inject fluids below the lowermost formation containing a
USDW within one-quarter mile of the well bore. (B) Class II. Wells that may inject
brines and other fluids associated with oil and gas production, and
hydrocarbons for storage. Requirements of this type of injection well are
referenced in Chapter 1509. of the Revised Code and division 1509:9 of the
Administrative Code. (C) Class III. Wells that may inject
fluids associated with solution mining of minerals beneath the lowermost USDW.
Requirements for this type of injection well are referenced in Chapter 1509. of
the Revised Code and division 1509:9 of the Administrative Code. (D) Class IV. (1) Wells used by
generators of hazardous waste or of radioactive waste, by owners or operators
of hazardous waste management facilities, or by owners or operators of
radioactive waste disposal sites to dispose of hazardous waste or radioactive
waste into a formation which contains a USDW within one-quarter mile of the
well. (2) Wells used by
generators of hazardous waste or of radioactive waste, by owners or operators
of hazardous waste management facilities, or by owners or operators of
radioactive waste disposal sites to dispose of hazardous waste or radioactive
waste above a formation that within one-quarter mile of the well contains a
USDW. (3) Wells used by
generators of hazardous waste or owners or operators of hazardous waste
management facilities to dispose of hazardous waste, which cannot be classified
under paragraph (A)(1) or paragraphs (D)(1) and (D)(2) of this
rule. (E) Class V. Injection wells not included
in class I, II, III, or IV. Typically, class V wells are shallow wells used to
place a variety of fluids directly below the land surface into or above
formations that contain USDWs. However, if the fluids placed in the ground
qualify as a hazardous waste under the Resource Conservation and Recovery Act
(RCRA), then the well is either a class I or class IV well, not a class V well.
Class V wells include, but are not limited to the following: (1) Air conditioning
return flow wells used to return to the supply aquifer the water used for
heating or cooling in a heat pump. (2) Large capacity
cesspools including multiple dwelling, community or regional cesspools, or
other devices that receive sanitary wastes, containing human excreta, that have
an open bottom and sometimes have perforated sides. The underground injection
control requirements do not apply to single-family residential cesspools nor to
non-residential cesspools that receive solely sanitary wastes and have the
capacity to serve fewer than twenty persons a day. (3) Cooling water return
flow wells used to inject water previously used for cooling. (4) Drainage wells used
to drain surface fluid, primarily storm runoff, into a subsurface
formation. (5) Dry wells used for
the injection of wastes into a subsurface formation. (6) Recharge wells used
to replenish the water in an aquifer or used as part of an aquifer storage and
recovery project. (7) Salt water intrusion
barrier wells used to inject water into a fresh water aquifer to prevent the
intrusion of salt water into the fresh water. (8) Sand backfill and
other backfill wells used to inject a mixture of water and sand, mill tailings
or other solids into mined out portions of subsurface mines whether what is
injected is a radioactive waste or not. (9) Septic system wells
used to inject the waste or effluent from a multiple dwelling, business
establishment, community or regional business establishment septic tank. The
underground injection control requirements do not apply to single-family
residential septic system wells, nor to non-residential septic system wells
that are used solely for the disposal of sanitary waste and have the capacity
to serve fewer than twenty persons a day. (10) Subsidence control
wells (not used for the purpose of oil or natural gas production) used to
inject fluids into a non-oil or gas producing zone to reduce or eliminate
subsidence associated with the overdraft of fresh water. (11) Injection wells
associated with the recovery of geothermal energy for heating, aquiculture and
production of electric power. (12) Radioactive waste
disposal wells other than class IV or class I wells that inject radioactive
material listed in 10 CFR part 20, "appendix B," "table
II," column 2. (13) Wells used for
solution mining of conventional mines such as stopes leaching. (14) Wells used to inject
spent brine into the same formation from which it was withdrawn after
extraction of halogens or their salts. (15) Injection wells used
in experimental technologies. (16) Injection wells used
for in-situ recovery of lignite, coal, tar sands, and oil shale. (17) Motor vehicle waste
disposal wells as defined in rule 3745-34-01 of the Administrative
Code. (18) Wells used to inject
fluids for the remediation of contaminated soils or ground water. [Comment: This rule references the following
"Code of Federal Regulations": 10 CFR Part 20, appendix B, table II,
column 2, last amended September 30, 2015. Copies of this code may be obtained
from the "U.S. Government Bookstore" toll-free at (866) 512-1800 or
https://www.gpo.gov/fdsys, or from "Ohio EPA, Lazarus Government Center,
50 West Town Street, Suite 700, Columbus, OH, 43215," (614) 644-2752. The
code is available for review at "Ohio EPA, Lazarus Government Center, 50
West Town Street, Suite 700, Columbus, OH, 43215."]
Last updated October 7, 2024 at 12:01 PM
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Rule 3745-34-05 | Identification of underground sources of drinking water.
Promulgated Under:
Ch 119.
The director may identify (by narrative description, illustrations, maps, or other means) and shall protect, as an underground source of drinking water, all aquifers or parts of aquifers which meet the definition of an underground source of drinking water in rule 3745-34-01 of the Administrative Code. Even if an aquifer has not been specifically identified by the director, it is an underground source of drinking water if it meets the definition in rule 3745-34-01 of the Administrative Code.
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
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Rule 3745-34-06 | Prohibition of unauthorized injection.
Promulgated Under:
Ch 119.
Any underground injection, except as authorized by permit or rule issued under this chapter is prohibited. The construction of any well required to have a permit is prohibited until the permit has been issued.
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
Prior Effective Dates:
12/15/1982
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Rule 3745-34-07 | Prohibition of movement of fluid into underground sources of drinking water.
Effective:
December 12, 2024
(A) No owner shall construct, operate,
maintain, convert, plug, abandon, or conduct any other injection activity in a
manner that allows the movement of fluid containing any contaminant into an
underground source of drinking water, if the presence of that contaminant may
cause an exceedance in the underground source of drinking water of any primary
drinking water standard established under Chapter 3745-81 of the Administrative
Code or may otherwise adversely affect the health of persons. The applicant for
a permit has the burden of showing that the requirements of this paragraph are
met. (B) Injection into a Class V well shall
not cause the migration of contaminants in a manner or at concentrations that
cause an exceedance of water quality standards as established in Chapter
3745-01 of the Administrative Code. (C) For class I wells, if any water quality monitoring of an
underground source of drinking water indicates the movement of any contaminant
into the underground source of drinking water, except as authorized under this
chapter, the director may prescribe such additional requirements for
construction, corrective action, operation, monitoring, or reporting (including
closure of the injection well) as are necessary to prevent such movement. These
additional requirements shall be imposed by modifying the permit in accordance
with rule 3745-34-23 of the Administrative Code or the permit may be terminated
under rule 3745-34-24 of the Administrative Code if cause exists, or
appropriate enforcement action may be taken if the permit has been
violated. (D) For class V wells, if at any time the director learns that a
class V well may cause an exceedance of any primary drinking water standard
established under Chapter 3745-81 of the Administrative Code or cause an
adverse ecological impact per paragraph (B) of this rule, the director
may: (1) Require the injector
to obtain an individual permit. (2) Order the injector to
take such actions (including where required closure of the injection well) as
may be necessary to prevent or correct the violation. (3) Take enforcement
action. (E) Whenever the director learns that a class V well may be
otherwise adversely affecting the health of persons, the director may prescribe
such actions as may be necessary to prevent the adverse effect, including any
action authorized under paragraph (C) of this rule. (F) Notwithstanding any other provision of this rule, the
director may take emergency action upon receipt of information that a
contaminant which is present in or is likely to enter a public water system may
present an imminent and substantial endangerment to the health of
persons.
Last updated December 12, 2024 at 8:02 AM
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Rule 3745-34-08 | Prohibition of class IV wells.
Effective:
December 12, 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) The construction, operation or
maintenance of any class IV well, as classified under rule 3745-34-04 of the
Administrative Code is prohibited, except as provided in paragraph (C) of this
rule. (B) The owner or operator of a class IV
well shall comply with the closure and post-closure requirements of paragraph
(B) of rule 3745-34-09 of the Administrative Code. All class IV wells shall be
closed in compliance with rule 3745-34-07 of the Administrative Code. Any soil,
gravel, sludge, liquids, or other materials removed from or adjacent to the
well being closed shall be disposed of or managed in accordance with all
applicable federal, state or local regulations and requirements. (1) The owner or operator
of a class IV well shall notify the director of the intent to close the class
IV well at least thirty days prior to commencing closure of the well. The
intent to close notification shall include the submission of a plan for closing
the well per the requirements of this paragraph. The submitted plan shall be
approved by the director prior to implementation and be followed during closure
of the well. This plan shall include the following: (a) A copy of the information required in paragraph (L) of rule
3745-34-11 of the Administrative Code. (b) Procedures for the removal of any solids and sludge from the
class IV well being closed. (c) Procedures for plugging the class IV well. This procedure
shall be consistent with paragraph (A) of rule 3745-34-07 of the Administrative
Code and all other applicable federal, state or local regulations and
requirements. (d) Any other information deemed necessary by the
director. (2) Upon completion of
closure, the owner or operator shall certify to the director in a report per
rule 3745-34-17 of the Administrative Code that the class IV well was closed in
compliance with this rule. (C) Injection wells used to inject
contaminated ground water that has been treated and is being reinjected into
the same formation from which it was drawn are authorized by rule for the life
of the well despite the requirements of paragraphs (A) and (B) of this rule, if
such subsurface emplacement of fluids is approved by the director or U.S. EPA
as part of a remediation program pursuant to provisions for cleanup of releases
under Chapter 3734. of the Revised Code and the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), or pursuant to
requirements and provisions under the Resource Conservation and Recovery Act.
The owner or operator shall submit to the director the information about the
well required within paragraph (L) of rule 3745-34-11 of the Administrative
Code.
Last updated December 12, 2024 at 8:02 AM
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Rule 3745-34-09 | Requirements for wells injecting hazardous waste.
Effective:
February 14, 2021
(A) Applicability. The requirements in
this rule apply to all generators of hazardous waste, and to the owners or
operators of all hazardous waste management facilities, using any class of well
to inject hazardous wastes (see also rule 3745-34-08 of the Administrative
Code). (B) Requirements. In addition to
complying with the applicable requirements of this chapter, the owner or
operator of each facility meeting the requirements of paragraph (A) of this
rule shall comply with the following: (1) Notification. The
owner or operator shall comply with the notification requirements of paragraph
(C) of rule 3745-50-40 of the Administrative Code. (2) Identification
number. The owner or operator shall comply with the identification number
requirements of rule 3745-54-11 of the Administrative Code. (3) Manifest system. The
owner or operator shall comply with the applicable recordkeeping and reporting
requirements for manifested wastes in rule 3745-54-71 of the Administrative
Code. (4) Manifest
discrepancies. The owner or operator shall comply with discrepancy requirements
in rule 3745-54-72 of the Administrative Code. (5) Operating record. The
owner or operator shall comply with record requirements in paragraphs (A),
(B)(1), and (B)(2) of rule 3745-54-73 of the Administrative Code. (6) Annual report. The
owner or operator shall comply with report requirements in rule 3745-54-75 of
the Administrative Code. (7) Unmanifested waste
report. The owner or operator shall comply with report requirements in rule
3745-54-76 of the Administrative Code. (8) Personnel training.
The owner or operator shall comply with the applicable personnel training
requirements of rule 3745-54-16 of the Administrative Code. (9) Financial
responsibility. The owner or operator shall comply with the financial
responsibility requirements of rules 3745-55-42 to 3745-55-51 or rules
3745-66-42 to 3745-66-48 of the Administrative Code. (10) Closure. The owner
or operator shall comply with closure requirements of rules 3745-66-11 to
3745-66-15 or rules 3745-55-11 to 3745-55-15 of the Administrative
Code. (11) Post-closure. The
owner or operator shall comply with post-closure requirements of rules
3745-66-17 to 3745-66-20 or rules 3745-55-17 to 3745-55-20 of the
Administrative Code.
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Rule 3745-34-10 | Waiver of requirement by director.
Effective:
August 15, 2018
(A) When injection does not occur
into, through or above an underground source of drinking water, the director
may authorize a well or project with less stringent requirements for area of
review, construction, mechanical integrity, operation, monitoring, and
reporting than required in this chapter or rule 3745-34-27 of the
Administrative Code to the extent that the reduction in requirements will not
result in an increased risk of movement of fluids into an underground source of
drinking water. (B) When injection occurs through or
above an underground source of drinking water, but the radius of endangering
influence when computed under paragraph (A) of rule 3745-34-32 of the
Administrative Code is smaller or equal to the radius of the well, the director
may authorize a well or project with less stringent requirements for operation,
monitoring, and reporting than required in this chapter or rule 3745-34-27 of
the Administrative Code to the extent that the reduction in requirements will
not result in an increased risk of movement of fluids into an underground
source of drinking water. (C) When reducing requirements under
paragraph (A) or (B) of this rule, the director shall prepare a fact sheet
under rule 3745-49-09 of the Administrative Code explaining the reasons for the
action. Such fact sheet shall include, but not be limited to, an explanation
for the following criteria: (1) Impact on the zone of endangering
influence. (2) Nature and volume of injection
fluid. (3) Nature of native fluids or
by-products of injection. (4) Potentially affected
population. (5) Geology. (6) Hydrology. (7) History of the injection
operation. (8) Completion and plugging
records. (9) Abandonment procedures in effect
at the time the well was abandoned. (10) Hydraulic connections with
underground sources of drinking water. (11) Surface waste handling
operations. (12) Mechanical integrity test
results. (13) Demonstration that operating,
monitoring, or reporting requirements can be reduced with no adverse health or
environmental impact.
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Rule 3745-34-11 | Class V wells.
Effective:
December 12, 2024
(A) No person shall inject sanitary
waste, sewage, industrial wastes or other wastes, into or above a USDW without
first obtaining a UIC permit to drill and a permit to operate in accordance
with rule 3745-34-12 of the Administrative Code. Examples of industrial waste
include, but are not limited to, the following: (1) Hair salon
chemicals. (2) Surgical or medical
wastes. (3) Chemicals or
insecticides used for flea dips. (4) Wastewater resulting
from the treatment of drinking water unless authorized without a permit in
accordance with paragraph (E) of this rule. (5) Contact cooling
water. (6) Fluids and blood from
embalming processes. (7) Animal wastes from
slaughter houses or food processing operations. (B) Operation of and injection into large
capacity cesspools is prohibited. All existing large capacity cesspools shall
be closed in accordance with paragraph (O) of this rule. (C) Operation of and injection into a
motor vehicle waste disposal well is prohibited. All existing motor vehicle
waste disposal wells shall be closed in accordance with paragraph (O) of this
rule. (D) The injection of sanitary waste or
sewage into a class V well is authorized without a permit if all of the
following conditions are satisfied: (1) Only sanitary waste
or sewage is injected. Examples of sanitary waste or sewage include, but are
not limited to, the following: (a) Wastes from toilets and showers. (b) Fluids from sinks used for food preparation. (c) Fluids discharged to floor drains during the cleaning of
floors in food preparation areas. (d) Fluids from sinks or washing machines used to clean food and
beverage serving dishes, glasses, or utensils. (e) Fluids from the cleaning of animal cages, kennel runs, or
livestock trailers. (2) One of the following
conditions has been met prior to the commencement of injection: (a) A permit to install has been issued by the director in
accordance with section 6111.44 or 6111.45 of the Revised Code. (b) An installation permit and operation permit have been
obtained in accordance with Chapter 3701-29 of the Administrative
Code. (3) The information
required by paragraph (M) of this rule is submitted to the
director. (E) The injection of wastewater resulting
from the treatment of drinking water into a class V well is authorized without
a permit if all of the following conditions are satisfied: (1) For wastewater
resulting from ion exchange treatment: (a) Less than two thousand five hundred gallons per month is
injected into the class V well. (b) The information required by paragraph (M) of this rule is
submitted to the director. (c) The injection of the fluid will comply with paragraph (A) of
rule 3745-34-07 of the Administrative Code. (2) For wastewater
resulting from a filter system for removal of iron or manganese or
both: (a) The information required by paragraph (M) of this rule is
submitted to the director. (b) The injection of fluid will comply with paragraph (A) of rule
3745-34-07 of the Administrative Code. (F) No person shall inject treated water as part of an aquifer
storage and recovery operation, into or above a USDW without first obtaining a
UIC permit to drill and a permit to operate in accordance with rule 3745-34-12
of the Administrative Code. (G) Unless otherwise authorized under paragraph (C) of rule
3745-34-08 of the Administrative Code or under paragraph (H) of this rule, a
permit to drill and a permit to operate shall be obtained in accordance with
rule 3745-34-12 of the Administrative Code prior to construction of a class V
well and prior to injection of fluids into a class V well for purposes of
remediating ground water or soil contamination. (H) Unless otherwise authorized under paragraph (C) of rule
3745-34-08 of the Administrative Code, the injection of fluids into a class V
well for purposes of remediating ground water or soil contamination is
authorized without a permit if all of the following conditions are
satisfied: (1) The injection of the
fluid will comply with paragraph (A) of rule 3745-34-07 of the Administrative
Code. (2) At least thirty days
prior to the commencement of injection activities a work plan is submitted to
the director that includes at least the following information: (a) A description of the nature of the ground water or soil
contamination. (b) A description of the hydrogeology of the injection
site. (c) A detailed description of the proposed
remediation. (d) A description of the injection well or well point
construction including a description of all materials used. (e) A complete chemical analysis of the fluids to be
injected. (f) The volume of fluid to be injected and rate of
injection. (g) Ground water quality analysis results for the aquifer being
treated. (3) The owner submits to
the director all the following information monthly while fluids are being
injected: (a) A description of the fluids injected into the class V
well. (b) The volume of fluid injected into the class V
well. (c) The rate of injection of fluid into the class V
well. (d) Any monitoring results. (4) The owner submits to
the director the information required by paragraph (M) of this rule with the
first report required by paragraph (H)(3) of this rule. (5) The owner complies
with paragraph (O) of this rule upon cessation of injection
activities. (I) Injection of fluids not specified in paragraphs (A) to (G) of
this rule into class V wells is authorized without a permit pursuant to section
6111.043 of the Revised Code. Such injection is not authorized without a permit
until the information required under paragraph (M) of this rule is submitted to
the director. Authorization expires upon proper closure of the class V well in
accordance with paragraph (O) of this rule. (J) All class V injection wells used to dispose of storm water
runoff constructed after April 23, 2009 shall be constructed so as to minimize
the injection of contaminants including, but not limited to, sediment, fecal
matter, motor vehicle fluids, fertilizer, and pesticides. (K) A class V well is not authorized to operate without a permit
if: (1) The owner failed or
is failing to comply with paragraph (A) of rule 3745-34-07 of the
Administrative Code. (2) The director requires
a permit in accordance with rule 3745-34-12 of the Administrative Code or
closure in accordance with paragraph (O) of this rule. The authorization to
inject into a well without a permit expires upon receiving the director's
notification of the requirement to apply for a permit unless the
director's notification includes conditions to be followed by the owner
for injecting into the well until a permit is issued. Authorization to inject
into the well without a permit ceases if the director determines that the
conditions issued with the permit application notification are not being
followed and notifies the owner of this determination. (3) The owner fails to
submit the information about the well in accordance with paragraph (M) of this
rule. Authorization for injection into the class V well without a permit
resumes upon submittal of the information in accordance with paragraph (M) of
this rule. (L) The director may require the owner or operator of any class V
injection well otherwise authorized by this rule to apply for and obtain an
individual or area UIC permit. Cases where individual or area UIC permits may
be required include: (1) The injection well is
not in compliance with any requirement of this chapter pertaining to class V
wells. (2) The injection well is
not or no longer is within a category of wells and types of well operations
authorized in this rule. (3) The protection of the
USDWs requires that the injection operation be regulated by requirements, such
as for corrective action, monitoring and reporting, or operation, that are not
contained in this rule. (4) The injection well is
present in the drinking water source protection area for a public water
supply. (M) The owner or operator of any class V well shall notify the
director of the existence of any well under the owner's or operator's
control meeting the definition of a class V well contained within paragraph (E)
of rule 3745-34-04 of the Administrative Code. The owner of a new class V well
shall submit the notification within thirty days of installing the well. Unless
the owner has previously submitted inventory information for a class V well to
the director prior to March 11, 2002, the owner shall submit the following
information for each well under the owner's control with the
notification: (1) Facility name, postal
address of the well location, and location of each well given by latitude and
longitude to the nearest second. (2) Name and address of
legal contact. (3) Identification of the
owner and operator of the well. (4) Nature and type of
well. (5) Operating status of
injection well. (6) Date of completion of
each well. (7) Total depth of each
well. (8) Construction
narrative. (9) Nature of the
injected fluid. (10) Maintenance and
inspection schedule. (11) Average and maximum
injection rate. (N) The director may require the owner of a class V well to
collect and submit other information determined to be necessary to protect
underground sources of drinking water. (1) Such information
collection and submittal requirements may include, but are not limited
to: (a) Analyzing the ground water chemistry from the underground
source of drinking water for constituents that may be elevated in due to the
injection of fluids into the class V well and periodically submitting the
analysis results to Ohio EPA. (b) Analyzing the fluids being injected into the well and
periodically submitting the results of the analysis. (c) Describing the geological layers through which and into which
the injection is taking place. (d) Conducting other analyses and submitting other information,
if needed to protect underground sources of drinking water. (2) Any request by the
director for the collection and submittal of information in paragraph (N)(1) of
this rule will be in writing and will include a brief statement on why and when
the information is required to be collected and submitted. (3) The owner is
prohibited from using the injection well if the information required under
paragraph (N)(1) of this rule is not submitted within the time frame specified
by the director under paragraph (N)(2) of this rule. The owner shall only
resume injection into the well upon receiving a permit under rule 3745-34-12 of
the Administrative Code. (O) All class V wells undergoing closure shall be closed in
compliance with rule 3745-34-07 of the Administrative Code. Any soil, gravel,
sludge, liquids, or other materials removed from or adjacent to the well being
closed shall be disposed of or managed in accordance with all applicable
federal, state, or local regulations and requirements. (1) The owner of a class
V well shall notify the director of the intent to close the class V well at
least thirty days prior to commencing closure of the well. (2) The intent to close
notification for class V wells used to inject industrial or other wastes shall
include the submission of a plan for closing the well that meets the
requirements of this paragraph. The submitted plan shall be followed during
closure of the well. This plan shall include: (a) A copy of the information required in paragraph (M) of this
rule. (b) Procedures for the removal of any solids and sludge from the
class V well being closed. (c) Procedures for plugging the class V well. This procedure
shall be consistent with paragraph (A) of rule 3745-34-07 of the Administrative
Code and all other applicable federal, state, or local regulations and
requirements. (d) Any other information deemed necessary by the director to
protect underground sources of drinking water. (3) Upon completion of
closure, the owner of class V wells that were used to inject industrial or
other wastes shall, in accordance with rule 3745-34-17 of the Administrative
Code, certify to the director in a report that the class V well was closed in
compliance with this rule.
Last updated December 12, 2024 at 8:02 AM
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Rule 3745-34-12 | Application by permit; authorization by permit.
Effective:
December 12, 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: (a) The facility. (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.
Last updated December 12, 2024 at 8:02 AM
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Rule 3745-34-13 | Class I permit application.
Effective:
December 12, 2024
In addition to the information required in
accordance with rule 3745-34-12 of the Administrative Code, the owner shall
include the following in a permit application for a permit to drill or permit
to operate a class I injection well: (A) A statement of the relative expertise
of the owner or operator of the proposed class I injection well in the
operation of class I injection wells. Within the statement
include: (1) A listing of all
class I injection wells that the owner or operator has operated and is
operating. (2) The date that each
listed class I injection well was first placed in service or if the well was
placed in service before the applicant acquired the well, the date that
applicant acquired the well. (3) The date of issuance,
identification number, and expiration date of the permits issued for each
listed class I injection well by the United States or the state in which the
listed injection well is located and, for each such permit, the name and
address of the federal or state agency that issued the permit. (B) The owner or operator of any facility
containing one or more active class I injection wells must conduct such
preliminary site investigations as are necessary to determine whether a release
outside the permitted injection zone is occurring, has occurred, or is likely
to have occurred. (C) Owners and operators of facilities
with existing class I injection wells or that are re-permitting a currently
operating class I injection well shall submit all of the following
information: (1) For each active class
I injection well at a facility seeking a permit, both the
following: (a) Dates the well was operated. (b) Specification of all wastes that have been injected into the
well. (2) All available
information pertaining to any release of hazardous waste or constituents from
any active injection well at the facility. (D) Area of review. The owner shall
identify the location of all known wells within the injection wells' area
of review that penetrate the injection zone. The owner shall submit all of the
following: (1) A calculation of the
area of review of the proposed injection well. Include a description of the
method of determination of the area of review including all relevant
calculations and data used in the calculations. The area of review shall be
calculated in accordance with rules 3745-34-32 and 3745-34-52 of the
Administrative Code. (2) A description of the
procedures that were used to identify all wells penetrating the confining zone
or injection zone within the area of review and that were used to determine if
the identified wells are adequately completed or plugged. (3) A map showing the
class I injection wells for which the permit is sought and the applicable area
of review. The map shall show the number or name, and the location of all of
the following within the area of review: (a) The location of all known wells that penetrate the injection
zone within the injection well's area of review (b) Actively producing oil and gas wells (c) Active, temporarily abandoned, and abandoned injection
wells (d) Abandoned oil and gas wells including non-producing wells and
boreholes (e) Surface bodies of water (f) Springs (g) Mines (surface and subsurface) (h) Quarries (i) Water wells (j) Other pertinent surface features including residences and
roads (k) Seismic areas and faults, if known or suspected (l) Boundaries of the facility. [Note: Only information of public record is
required to be included on the map.] (4) A tabulation of data
on all wells within the area of review that penetrate into the proposed
injection zone and are completed within three hundred vertical feet of the
permitted injection interval. Such data shall include the
following: (a) Name of the well. (b) Name of the owner and operator;. (c) Description of each well's type. (d) Construction data including casing size, setting depth and
cementing data for surface, intermediate and long string casings (e) Date drilled. (f) Location in latitude and longitude to the nearest
second. (g) Depth. (h) Record of plugging and/or completion. (i) Note the wells that
were inadequately plugged or abandoned. (ii) Note the wells for
which there are incomplete records and include all available
records. (5) The drilling logs and
completion logs for all known wells within the injection well's area of
review that penetrate the injection zone that were completed within three
hundred vertical feet of the permitted injection interval. (6) An applicable plan
and compliance schedule for corrective action pursuant to rules 3745-34-30 and
3745-34-53 of the Administrative Code for all wells that are improperly sealed,
completed, or abandoned and consisting of such steps or modifications as are
necessary to prevent movement of fluid into or between USDW. The following
information, criteria, and factors shall be included in the plan for corrective
action: (a) Nature and volume of injected fluid. (b) Nature of native fluids or by-products of
injection. (c) Potentially affected population. (d) Geology. (e) Hydrology. (f) History of the injection operation. (g) Completion and plugging records. (h) Abandonment procedures in effect at the time the well was
abandoned. (i) Hydraulic connections with USDW. (j) Surface waste handling operations. (7) A report describing
all actions taken to date in implementing the plan of corrective action,
including the status of corrective action on defective wells in the area of
review and the schedule for completion of all actions described within the
plan. (8) Any additional
information the director deems necessary to protect USDW. (E) Geologic evaluation. The owner shall
submit the following: (1) Maps and cross
sections indicating the general vertical and lateral limits of all USDW within
the area of review, their position relative to the injection formation and the
direction of water movement, where known, in each USDW that may be affected by
the proposed injection. (2) Maps and cross
sections detailing the geologic structure of the local area. (3) Generalized maps and
cross sections illustrating the regional geologic setting. (4) Maps showing the
location of, but not limited to, seismic areas, wetlands, flood hazard areas,
carbonate formations that result in caverns, and underground mines, both active
and abandoned. (5) A plan for
injectivity testing, including provisions to test for pressure/time
relationships to determine permeability, transmissivity, and reservoir limits,
if any. (6) A description of the
lithology of the injection and confining intervals. (F) The owner shall submit an analysis of
the geologic suitability of the proposed location of the well, that
includes: (1) An analysis of the
structural and stratigraphic geology, the hydrogeology, and the seismicity of
the region. (2) An analysis of local
geology and hydrogeology of the well site, including, at a minimum, detailed
information regarding stratigraphy, structure and rock properties, aquifer
hydrodynamics and mineral resources. (3) A determination that
the geology of the area can be described confidently and that limits of waste
fate and transportation can be accurately predicted through the use of
models. (4) Lithology,
permeability, porosity, thickness and areal extent of the injection and
confining intervals. (5) Maps and cross
sections detailing the geologic structure and stratigraphy of the local area.
Cross-sections should note the location of faults, major fractures, and
carbonate formations that are known to contain or that may contain
caverns. (6) Generalized maps and
cross sections illustrating the regional geologic setting. Cross-sections
should note the location of faults, major fractures, and carbonate formations
that are known to contain or that may contain caverns. (7) A demonstration that
shows one of the following: (a) The confining zone is separated from the base of the
lowermost USDW by at least one sequence of permeable and less permeable strata
that will provide an added layer of protection for the USDW in the event of
fluid movement in an unlocated bore hole or transmissive fault. (b) Within the area of review, the piezometric surface of the
fluid in the injection zone is less than the piezometric surface of the
lowermost USDW, considering density effects, injection pressures and any
significant pumping in the overlying USDW. (c) There is no USDW present. (8) A demonstration for
applications for class I hazardous waste injection wells that the well is sited
in compliance with paragraph (C) of rule 3745-34-51 of the Administrative
Code. (G) The owner shall submit the
information required by rule 3745-34-59 of the Administrative Code for permit
applications for class I hazardous waste injection wells. (H) Financial assurance. The owner shall
submit certification and evidence of financial responsibility for operation and
closure of the well including surety bond or other adequate assurance, such as
a financial statement or other materials acceptable to the director. This
demonstration shall be consistent with the provisions of rules 3745-34-27,
3745-34-36, and 3745-34-62 of the Administrative Code.
Last updated December 12, 2024 at 8:02 AM
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Rule 3745-34-14 | Class I permit to drill applications.
Effective:
December 12, 2024
In addition to the information required in
accordance with rules 3745-34-12 and 3745-34-13 of the Administrative Code, the
owner shall include the following in a permit application for a permit to drill
a class I injection well: (A) The final report on the seismic
reflection data survey in compliance with rule 3745-34-40 of the Administrative
Code. (B) Well construction. The owner shall
submit the following information for a permit to drill
application: (1) A plan for the
testing, drilling and construction of the proposed new class I injection well.
Whenever required by the director to protect the public welfare or to safeguard
life, health, or property, or whenever the contemplated expenditure by the
state, any of its political subdivisions, or any municipal corporation for the
completed project exceeds five thousand dollars, plans for the design of new
class I wells shall be prepared by a professional engineer registered under
Chapter 4733. of the Revised Code. In addition, for projects containing a high
degree of complexity, non-standard technology, unusual features, or deviations
from standards or guidelines used by the agency, the director may require that
the owner or operator demonstrate the knowledge and experience of the project
designer. (2) A schematic or other
appropriate drawings of the proposed well with proper setting depths, including
wellhead and gauges and a written description of the proposed surface and
subsurface construction details of the well including all of the
following: (a) Hole size. (b) Surface casing, intermediate, long string casing, and
injection tubing packer information, including all of the
following: (i) Size. (ii) Weight. (iii) Grade. (iv) Depth-GL. (v) Thickness. (vi) Diameter. (vii) Nominal
weight. (viii) Length. (ix) Joint
specification. (x) Construction
material. (xi) Tubing tensile,
burst, and collapse strength. (3) A written
demonstration that for the design life of the well the casings, including any
casing connections, are rated to have sufficient structural strength to
withstand: (a) The maximum burst and collapse pressures which may be
experienced during the construction, operation, and closure of the
well. (b) The maximum tensile strength which may be experienced
at any point along the length of the casing during the construction, operation,
and closure of the well. (4) Cement data,
including the proposed type and class, additives, amount, and circulate for the
surface casing, long string, and other casings. (5) A description of the
packer including all of the following: (a) Proposed type. (b) Name and model number. (c) Setting depth. (d) Compatibility with proposed annular fluid and proposed
injection fluid. (6) A description of the
proposed bottom hole completion. (7) A plan for the
proposed stimulation program. (8) Construction
procedures including a cementing and casing program, logging procedures,
deviation checks, and a drilling, testing, and coring program. These procedures
should address the applicable factors and requirements in rules 3745-34-37,
3745-34-54, and 3745-34-55 of the Administrative Code. (9) A written analysis
demonstrating that the various parts of the casing, tubing, and cement will be
compatible with or resistant to corrosion from the formation fluid and
injection fluids to which they will respectively be exposed. (10) Procedures for core
analysis, if performed, including analysis for at least: (a) Permeability. (b) Porosity. (c) Percent saturation. (d) Sample description. (e) Sieve analysis of sand. (f) Compatibility testing of cores with waste stream for
permeability reduction. (C) Proposed formation testing program to
obtain analysis of the chemical, physical and radiological characteristics of
the receiving formation including, but not limited to: (1) Fluid
pressure. (2) Temperature. (3) Fracture
pressure. (4) Physical and chemical
characteristics of the injection matrix. (5) Compatibility of the
injected fluids with the formation fluids. (6) Corrosiveness. (7) Other applicable
information. (D) Procedures for performing deviation
checks in compliance with paragraph (D)(1) of rule 3745-34-37 of the
Administrative Code. (E) Procedures for performing the logging
and testing requirements of paragraph (D) of rule 3745-34-37 of the
Administrative Code. (F) Procedures, forms, and methods for
collecting all of the following information: (1) Drilling and
completion records including: (a) Daily reports. (b) Driller's log or record of strata. (c) Casing and tubing records. (d) Pipetallys. (e) Detailed screen and liner setting. (f) Details of centralizers, scratchers, and other such
equipment. (g) Engineering drawings of: (i) Well
completion. (ii) Packer assembly and
setting (iii) Well head parts
list. (2) Testing records
including the following: (a) Well testing: (i) Static fluid
level. (ii) Bottom hole
temperature and pressure. (iii) Injectivity test
result; permeability determination; reservoir limits and storage. (iv) Spinner or tracer
surveys. (v) Casing testing
results including those to demonstrate mechanical integrity pursuant to the
requirements of rule 3745-34-34 of the Administrative Code. (b) Laboratory testing results: (i) Cores for
permeability. (ii) Cores for
compatibility. (iii) Cores for
porosity. (iv) Analysis of
formation water. (v) Descriptive core
analysis and sieve analysis.
Last updated December 12, 2024 at 8:03 AM
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Rule 3745-34-15 | Class I permit to operate applications.
Effective:
December 12, 2024
In addition to the information required in
accordance with rules 3745-34-12 and 3745-34-13 of the Administrative Code, the
owner shall include the following in an application for a permit to operate a
class I injection well: (A) The results of the formation testing
program, including a completion report for the injection well that includes all
the following information: (1) Drilling and
completion reports including: (a) Daily reports. (b) Driller's log or record of strata. (c) Casting and tubing records, including the
pipetallys. (d) Cement records. (e) Details of centralizers, scratchers, and other such
information. (f) Engineering drawings of the following: (i) Well
completion. (ii) Packer assembly and
setting. (iii) Well head,
including the parts list. (2) Testing records
including the following: (a) Well testing: (i) Static fluid level
and fluid pressure. (ii) Bottom hole
temperature and pressure. (iii) Injectivity test
result, permeability determination, reservoir limits, and storage. (iv) Fracture
pressure. (v) Spinner or tracer
surveys. (vi) Casing testing
results including a demonstration of mechanical integrity pursuant to rules
3745-34-34 and 3745-34-58 of the Administrative Code. (b) Laboratory testing results: (i) Cores for
permeability. (ii) Cores for
compatibility. (iii) Cores for
porosity. (iv) Descriptive core
analysis and sieve analysis. (3) The data from the
formation testing program including the analysis of the chemical, physical and
radiological characteristics of and other information on the receiving
formation. (B) The final report of the seismic
reflection data survey in compliance with rule 3745-34-40 of the Administrative
Code. (C) A plan for conducting a passive
seismic monitoring program if the director determines that the operation of the
class I injection well may cause seismic disturbances. (D) The proposed injection procedure
including all of the following: (1) Average and maximum
daily rate and volume of the substance(s) to be injected. (2) Average and maximum
injection pressure. (E) A description of all of the
following: (1) The chemical
composition and physical properties of the substance(s) to be injected. This
should include the source and an analysis of the chemical (including
corrosiveness), physical (including density and temperature), radiological and
biological characteristics of the injection fluid. (2) The compatibility of
substance(s) to be injected with the fluids in the injection zone and minerals
in both the injection zone and confining zone. (F) A determination accompanied by
supporting documentation describing all areas around the well where formation
pressures are predicted by the applicant to be increased due to the operation
of the well and an evaluation of whether any resulting potential exists for
contamination of any underground source of drinking water or migration of
substances injected into the well outside the anticipated injection zone. The
determination shall be made through the use of an hydraulic model acceptable to
the director. (G) A descriptive report interpreting the
results of logs and tests performed during the drilling and construction of the
injection well shall be submitted. This report shall be prepared by a
knowledgeable log analyst. At a minimum, this report shall contain the
applicable information required by paragraph (D) of rule 3745-34-37, and rule
3745-34-55 of the Administrative Code. This report shall include the final
prints of all logs run on the well and the results of the directional and
inclinational survey. (H) Contingency plans to cope with all
shut-ins or well failures so as to prevent migration of fluids into any
underground source of drinking water. (I) A plan for ensuring the annual review
and testing of the integrity of the well casing and associated well features.
This plan shall comply with the requirements of rule 3745-34-34 of the
Administrative Code. Renewal permit applications shall include results of all
mechanical integrity tests performed on the injection well since the issuance
of the previous permit. If the results of the mechanical integrity tests have
already been submitted to Ohio EPA they may be included in the permit
application by reference. (J) A plan for monitoring the lowermost
underground source of drinking water near the injection well. (K) A plan for plugging and abandonment
pursuant to the applicable provisions of paragraph (B)(5) of rule 3745-34-27,
rule 3745-34-36, paragraph (C) of rule 3745-34-39, rule 3745-34-60, and rule
3745-34-61 of the Administrative Code. The plugging and abandonment plan shall
including all of the following information: (1) The type and number
of plugs to be used. (2) The placement of each
plug including the elevation of the top and bottom. (3) The type and grade
and quantity of cement to be use. (4) The method for
placement of the plugs. (5) The procedure to be
used to meet the applicable requirements of paragraph (B)(5) of rule
3745-34-27, rule 3745-34-36, paragraph (C) of rule 3745-34-39, rule 3745-34-60,
and rule 3745-34-61 of the Administrative Code. (L) Plans (including maps) for meeting
the applicable testing and monitoring requirements of rules 3745-34-38 and
3745-34-57 of the Administrative Code. (M) If hazardous waste is to be injected
and is generated at the same facility where the injection well will be placed,
provide a certification that: (1) The generator of the
hazardous waste has a program to reduce the volume or quantity and toxicity of
such waste to the degree determined by the generator to be economically
practicable. (2) Injection of the
waste is that practicable method of disposal currently available to the
generator which minimizes the present and future threat to human health and the
environment. (N) A report submitting the applicable
information required by and demonstrating compliance with the applicable
requirements of rules 3745-34-37, 3745-34-54, and 3745-34-55 of the
Administrative Code. (O) Procedures and forms for collecting
and submitting the information required by rule 3745-34-58 of the
Administrative Code.
Last updated December 12, 2024 at 8:03 AM
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Rule 3745-34-16 | Class V permit requirements.
Effective:
December 12, 2024
(A) In addition to the information
required in accordance with rule 3745-34-12 of the Administrative Code, the
owner shall include the following in a permit application for a permit to drill
a class V injection well: (1) A map extending at
least one thousand five hundred feet or the area of review, whichever is
greater, from the injection well for which a permit is sought showing the
number or name, and location of all of the following: (a) The location of the injection well. (b) The area of review as determined in accordance with
rule 3745-34-32 of the Administrative Code. (c) All producing and abandoned oil and natural gas wells
for which public records exist. (d) Injection wells including large capacity septic systems
and storm water drainage wells. (e) All active and abandoned water supply wells for which
public records exist. (f) Surface bodies of water. (g) Springs. (h) Mines (surface and subsurface). (i) Quarries. (j) Other pertinent surface features including residences
and roads. (k) Faults, if known or suspected. (l) Storm and sanitary sewers. (2) Maps and cross
sections extending at least one thousand five hundred feet or the area of
review, whichever is greater, from the injection well for which a permit is
sought showing: (a) The general vertical and lateral limits of all
underground sources of drinking water within the area of review, their position
relative to the injection formation and the direction of water movement where
known, in each underground source of drinking water that may be affected by the
proposed injection. (b) The geologic structure of the local area. (c) The regional geologic setting. (3) Geologic description
of the injection zone including: name of formation, depth, thickness, and
lithology. (4) Proposed injection
procedure. (5) Schematic or other
appropriate drawings of the proposed surface and subsurface construction
details of the well. (6) Any information
deemed necessary by the director to determine that the requirements of rule
3745-34-07 of the Administrative Code are satisfied. (B) In addition to the information
required in accordance with rule 3745-34-12 of the Administrative Code and
paragraphs (A)(1) to (A)(3) of this rule, an owner shall include in a permit
application for a permit to operate a class V injection well, the
following: (1) If applicable, the
date the well construction was completed. (2) If applicable, a
construction narrative and as built engineering plans for the
well. (3) An anticipated
maintenance and inspection schedule for the well. (4) Evidence of financial
responsibility for operation, maintenance and closure of the well including
surety bond, or other adequate assurance, such as financial statement or other
materials acceptable to the director. (5) Except where a
demonstration is made that the injection formation is dry, the chemical
characteristics of the fluid within the injection formation, including complete
chemical analysis for all of the following parameters: (a) Calcium. (b) Magnesium. (c) Sodium. (d) Carbonate. (e) Bicarbonate. (f) Sulfate. (g) Chloride. (h) Fluoride. (i) Nitrate. (j) Conductivity. (k) Temperature. (l) Total dissolved solids. (m) Potassium. (n) Manganese. (o) Barium. (p) Boron. (q) Strontium. (r) Cadmium. (s) Iron. (t) pH. (6) Unless a
determination is made by the director that such an analysis is unnecessary, a
description of the fluid to be injected including, the concentrations of all
chemical parameters needed to determine compliance with rule 3745-34-07 of the
Administrative Code. (7) For an existing well
being converted to a class V well or a permit renewal, provide a chronology of
all major workovers and well malfunctions, a brief description of reasons for
the well failure, and the corrective actions taken. (8) Any additional
information deemed necessary by the director to determine that the requirements
of rule 3745-34-07 of the Administrative Code are satisfied.
Last updated December 12, 2024 at 8:03 AM
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Rule 3745-34-17 | Signatories to permit applications and reports.
Effective:
April 23, 2009
(A) Applications. All permit applications shall be signed as follows: (1) For a corporation; by a principal executive officer of at least the level of vice president; (2) For a partnership or sole proprietorship; by a general partner or the proprietor, respectively; or (3) For a municipality, state, federal, or other public agency; by either a principal executive or ranking elected official. (B) Reports. All reports required by permits, other information requested by the director, and all permit applications submitted under rule 3745-34-12 of the Administrative Code shall be signed by a person described in paragraph (A) of this rule, or by a duly authorized representative of that person. A person is a duly authorized representative only if: (1) The authorization is made in writing by a person described in paragraph (A) of this rule; (2) The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or a well field, superintendent, or position of equivalent responsibility (a duly authorized representative may thus be either a named individual or any individual occupying a named position); and (3) The written authorization is submitted to the director. (C) Changes to authorization. If an authorization under paragraph (B) of this rule is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of paragraph (B) of this rule must be submitted to the director prior to or together with any reports, information, or applications to be signed by an authorized representative. (D) Certification. Any person signing a document under paragraph (A) or (B) of this rule shall make the following certification: "I certify under the penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment."
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Rule 3745-34-18 | Class V injection well area permits.
Effective:
January 20, 1995
Promulgated Under:
Ch 119.
(A) The director may issue a class V injection well permit on an area basis, rather than for each well individually, provided that the permit is for class V injection wells: (1) Described and identified by location in permit application(s) if they are existing wells, except that the director may accept a single description of wells with substantially the same characteristics; and (2) Within the same well field, facility site, reservoir, project, or similar unit within the state of Ohio; and (3) Operated by a single owner or operator; and (4) Used to inject other than hazardous waste. (B) Area permits shall specify: (1) The area within which underground injections are authorized, and (2) The requirements for construction, monitoring, reporting, operation, and abandonment, for all wells authorized by the permit. (C) The area permit may authorize the permittee to construct, and operate, convert, or plug and abandon, wells in excess of the number specified in the current class V injection well area permit, provided: (1) The permittee notifies the director at such time as the permit requires; and (2) The additional well satisfies the criteria in paragraph (A) of this rule and meets the requirements specified in the permit under paragraph (B) of this rule; and (3) The cumulative effects of drilling and operation of additional injection wells are considered by the director during evaluation of the area permit application and are acceptable to the director. (D) The director may modify, or revoke and reissue the permit in accordance with rule 3745-34-23 of the Administrative Code, terminate the permit under rule 3745-34-24 of the Administrative Code, or take enforcement action upon a finding that any well authorized by the permit is not in compliance with the terms of the permit.
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
Prior Effective Dates:
7/25/1984
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Rule 3745-34-19 | Emergency permits.
Effective:
December 12, 2024
(A) Coverage. Notwithstanding any
other provision of this chapter, the director may temporarily permit a specific
underground injection which has not otherwise been authorized by rule or permit
if: (1) An imminent and substantial
endangerment to the health of persons will result unless a temporary emergency
permit is granted. (2) Timely application for a permit
could not practicably have been made. (3) The injection will not result in
the movement of fluids into underground sources of drinking water. (B) Requirements for
issuance. (1) Any temporary permit under
paragraph (A) of this rule shall be for no longer term than required to prevent
the hazard. (2) Notice of any temporary permit
under this paragraph shall be published in accordance with rule 3745-47-07 of
the Administrative Code within ten days of the issuance of the
permit. (3) The temporary permit under this
rule may be either oral or written. If oral, the temporary permit shall be
followed within five calendar days by a written temporary emergency
permit. (4) The director may condition the
temporary permit in any manner the director determines is necessary to ensure
that the injection will not result in the movement of fluids into an
underground source of drinking water.
Last updated December 12, 2024 at 8:03 AM
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Rule 3745-34-20 | Effect of a permit.
Effective:
November 9, 1984
Promulgated Under:
Ch 119.
(A) Compliance with a permit during its term constitutes compliance, for purposes of enforcement, with sections 6111.043 and 6111.044 of the Revised Code. However, a permit may be modified, revoked and reissued, or terminated during its term for cause as set forth in rules 3745-34-23 and 3745-34-24 of the Administrative Code. (B) The issuance of a permit does not convey any property rights of any sort, or any exclusive privilege. (C) The issuance of a permit does not authorize any injury to persons or property or invasion of other private rights, or any infringement of state or local laws or rules.
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
Prior Effective Dates:
12/15/1982, 7/25/1984
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Rule 3745-34-21 | Duration of permits.
Effective:
February 14, 2021
(A) Permits to drill and permits to
operate for class I and class V wells shall be effective for a fixed term not
to exceed five years, except that in the case of the renewal of an injection
well operating permit that is issued for a class I injection well that was in
operation on May 28, 1992 shall be not less than four years and not more than
six years as determined by the director. (B) The term of a permit to operate
shall not be extended by modification beyond the maximum duration specified in
this rule. (C) The director may issue any permit
for a duration that is less than the full allowable term under this
rule. (D) Termination of permits to
drill. (1) Permits to drill for class I and
class V wells shall terminate within eighteen months of the effective date of
the permit to drill if the owner or operator has not undertaken a continuing
program of installation or modification or has not entered into a binding
contractual obligation to undertake and complete within a reasonable time a
continuing program of installation or modification. (2) The director may extend these
termination dates by up to twelve months if the applicant submits, within a
reasonable time before the termination date, information that, in the judgment
of the director, adequately justifies an extension of time. No appeal taken
from denial of extension of an expiration date shall prevent termination of a
permit during the period between denial of extension and final disposition of
the appeal.
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Rule 3745-34-22 | Transfer of permits.
Promulgated Under:
Ch 119.
(A) Transfers by modification. Except as provided in paragraph (B) of this rule, a permit may be transferred by the permittee to a new owner or operator only if the permit has been modified or revoked and reissued (under paragraph (B)(2) of rule 3745-34-23 of the Administrative Code), or a minor modification made under paragraph (D) of rule 3745-34-25 of the Administrative Code, to identify the new permittee and incorporate such other requirements as may be necessary under Chapter 6111. of the Revised Code. (B) Automatic transfers. As an alternative to transfers under paragraph (A) of this rule, any UIC permit for a well not injecting hazardous waste may be automatically transferred to a new permittee if: (1) The current permittee notifies the director at least thirty days in advance of the proposed transfer date referred to in paragraph (B)(2) of this rule; (2) The notice includes a written agreement between the existing and new permittees containing a specific date for transfer or permit responsibility, coverage, and liability between them, and the notice demonstrates that the financial responsibility requirements of paragraph (B)(6) of rule 3745-34-27 of the Administrative Code will be met by the new permittee; and (3) The director does not notify the existing permittee and the proposed new permittee of his or her intent to modify or revoke and reissue the permit. A modification under this paragraph may also be a minor modification under rule 3745-34-25 of the Administrative Code. If this notice is not received, the transfer is effective on the date specified in the agreement mentioned in paragraph (B)(2) of this rule.
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
Prior Effective Dates:
12/15/1982
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Rule 3745-34-23 | Modification or revocation and reissuance of permits.
Effective:
December 12, 2024
When the director receives any information (for
example, inspects the facility, receives information pertinent to the permit
submitted by the permittee as required in the permit [see rule 3745-34-26 of
the Administrative Code], receives a request for modification or revocation and
reissuance or conducts a review of the permit file), the director may determine
whether or not one or more of the causes listed in paragraphs (A) and (B) of
this rule for modification, revocation and reissuance, or both exist. If cause
exists, the director may modify or revoke and reissue the permit accordingly,
subject to the limitations of paragraph (C) of this rule, and may request an
updated application if necessary. When a permit is modified, only the
conditions subject to modification are reopened. If a permit is revoked and
reissued, the entire permit is reopened and subject to revision, and the permit
is then reissued for a new term. If cause does not exist under this rule or
rule 3745-34-25 of the Administrative Code, the director shall not modify or
revoke and reissue the permit. If a permit modification satisfies the criteria
in rule 3745-34-25 of the Administrative Code for minor modifications, the
permit may be modified without a draft permit or public review. Otherwise, a
draft permit shall be prepared and other procedures in Chapter 3745-49 of the
Administrative Code shall be followed. (A) Causes for modification. The
following are causes for modification. For class I hazardous waste injection
wells the following may be cause for revocation and reissuance or modification;
and for all other wells the following may be cause for revocation or
modification when the permittee requests or agrees. (1) Alterations. There
are material and substantial alterations or additions to the permitted facility
or activity which occurred after permit issuance which justify the application
of permit conditions that are different or absent in the existing
permit. (2) Information. The
director has received information pertinent to the permit. Permits may be
modified during their terms for this cause only if the information was not
available at the time of permit issuance (other than revised regulations,
guidance, or test methods) and would have justified the application of
different permit conditions at the time of issuance. For underground injection
control area permits (rule 3745-34-18 of the Administrative Code), this cause
shall include any information indicating that cumulative effects on the
environment are unacceptable. (3) New rules. The
standards or regulations on which the permit was based have been changed by
promulgation of amended rules. Permits may be modified during their terms for
this cause only as follows. (a) For promulgation of amended standards or regulations, when
all of the following criteria are met: (i) The permit condition requested to be modified was based on a
rule within this chapter. (ii) The director has revised, withdrawn, or modified that portion
of the regulation on which the permit condition was based. (iii) A permittee requests modification within ninety days after
the effective date of the rule or director's action on which the request
is based. (4) For judicial
decisions when a state court of competent jurisdiction has remanded and stayed
Ohio EPA promulgated regulations if the remand and stay concern that portion of
the regulations on which the permit condition was based and a request is filed
to Ohio EPA by the permittee within ninety days of judicial
remand. (5) Compliance schedules.
The director determines good cause exists for modification of a compliance
schedule, such as an act of God, strike, flood, or materials shortage or other
events over which the permittee has little or no control and for which there is
no reasonably available remedy. See also paragraph (C) of rule 3745-34-25 of
the Administrative Code (minor modifications). (B) Causes for modification or revocation
and reissuance. The following are causes to modify, or, alternatively, revoke
and reissue a permit: (1) Cause exists for
termination under rule 3745-34-24 of the Administrative Code and the director
determines that modification or revocation and reissuance is
appropriate. (2) The director has
received notification (as required in the permit-see paragraph (D) of rule
3745-34-25 of the Administrative Code) of a proposed transfer of the permit. A
permit also may be modified to reflect a transfer after the effective date of
an automatic transfer (paragraph (B) of rule 3745-34-22 of the Administrative
Code) but will not be revoked and reissued after the effective date of the
transfer except upon the request of the new permittee. (3) A determination that
the waste being injected is a hazardous waste as defined in rule 3745-34-01 of
the Administrative Code either because the definition has been revised, or
because a previous determination has been changed. (C) Facility siting. Suitability of the
facility location will not be considered at the time of permit modification or
revocation and reissuance unless new information or standards indicate that a
threat to human health or the environment exists which was unknown at the time
of permit issuance.
Last updated December 12, 2024 at 8:04 AM
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Rule 3745-34-24 | Termination of permits.
Promulgated Under:
Ch 119.
(A) The director may terminate a permit during its term, or deny a permit renewal application for the following causes: (1) Noncompliance by the permittee with any condition of the permit; (2) The permittee's failure in the application or during the permit issuance process to disclose fully all relevant facts, or the permittee's misrepresentation of any relevant facts at any time; or (3) A determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by permit modification or termination. (B) The director shall follow the applicable procedures in Chapter 3745-47 of the Administrative Code in terminating any permit under this rule.
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
Prior Effective Dates:
12/15/1982
|
Rule 3745-34-25 | Minor modifications of permits.
Promulgated Under:
Ch 119.
Upon the consent of the permittee, the director may modify a permit to make the corrections or allowances for changes in the permitted activity listed in this rule, without following the procedures of Chapter 3745-47 of the Administrative Code. Any permit modification not processed as a minor modification under this rule must be made for cause and with draft permit and public notice as required in Chapter 3745-47 of the Administrative Code and rule 3745-34-23 of the Administrative Code. Minor modifications may only: (A) Correct typographical errors; (B) Require more frequent monitoring or reporting by the permittee; (C) Change an interim compliance date in a schedule of compliance, provided the new date is not more than one hundred twenty days after the date specified in the existing permit and does not interfere with attainment of the final compliance date requirement; or (D) Allow for a change in ownership or operational control of a facility where the director determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittees has been submitted to the director. (E) Change quantities or types of fluids injected which are within the capacity of the facility as permitted and, in the judgment of the director, would not interfere with the operation of the facility or its ability to meet conditions described in the permit and would not change its classification. (F) Change construction requirements in a permit to drill, approved by the director pursuant to paragraph (A)(1) of rule 3745-34-27 of the Administrative Code (establishing UIC permit conditions), provided that any such alteration shall comply with the requirements of this chapter. (G) Amend a plugging and abandonment plan which has been updated under paragraph (B)(5) of rule 3745-34-27 of the Administrative Code.
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
Prior Effective Dates:
12/15/1982
|
Rule 3745-34-26 | Conditions applicable to all permits.
Effective:
December 12, 2024
The following conditions apply to all UIC permits.
All conditions applicable to all permits shall be incorporated into the permits
either expressly or by reference. If incorporated by reference, a specific
citation to these rules must be given in the permit. (A) Duty to comply. The permittee
must comply with all conditions of the permit. Any permit noncompliance
constitutes a violation of sections 6111.043 and 6111.044 of the Revised Code
and is grounds for enforcement action; for permit termination, revocation and
reissuance, or modification; or for denial of a permit renewal application;
except that the permittee need not comply with the provisions of the permit to
the extent and for the duration such noncompliance is authorized in an
emergency permit under rule 3745-34-19 of the Administrative Code. (B) Duty to reapply. If the permittee
wishes to continue an activity regulated by the permit after the expiration
date of the permit, the permittee must apply for and obtain a new
permit. (C) Need to halt or reduce activity
not a defense. It shall not be a defense for a permittee in an enforcement
action that it would have been necessary to halt or reduce the permitted
activity in order to maintain compliance with the conditions of the
permit. (D) Duty to mitigate. The permittee
shall take all reasonable steps to minimize or correct any adverse impact on
the environment resulting from noncompliance with the permit. (E) Proper operation and maintenance.
The permittee shall at all times properly operate and maintain all facilities
and systems of treatment and control (and related appurtenances) which are
installed or used by the permittee to achieve compliance with the conditions of
the permit. "Proper operation and maintenance" includes effective
performance, adequate funding, adequate operator staffing and training, and
adequate laboratory and process controls, including appropriate quality
assurance procedures. This provision requires the operation of back-up or
auxiliary facilities or similar systems only when necessary to achieve
compliance with the conditions of the permit. (F) Permit actions. The permit may be
modified, revoked and reissued, or terminated for cause. The filing of a
request by the permittee for a permit modification, revocation and reissuance,
or termination, or a notification of planned changes or anticipated
noncompliance, does not stay any permit condition. (G) Property right. The permit does
not convey any property rights of any sort, or any exclusive
privilege. (H) Duty to provide information. The
permittee shall furnish to the director, within a time specified, any
information which the director may request to determine whether cause exists
for modifying, revoking and reissuing, or terminating the permit, or to
determine compliance with the permit. The permittee shall also furnish to the
director, upon request, copies of records required to be kept by the
permittee. (I) Inspection and entry. The
permittee shall allow the director, or an authorized representative, upon the
presentation of credentials and other documents as may be required by law,
to: (1) Enter upon the permittee's
premises where a regulated facility or activity is located or conducted, or
where records must be kept under the conditions of the permit; (2) Have access to and copy, at
reasonable times, any records that must be kept under the conditions of the
permit; (3) Inspect at reasonable times any
facilities, equipment (including monitoring and control equipment), practices,
or operations regulated or required under the permit; and (4) Sample or monitor at reasonable
times, for the purposes of assuring permit compliance or as otherwise
authorized by Chapter 6111. of the Revised Code, any substances or parameters
at any location. (J) Monitoring and
records. (1) Samples and measurements taken
for the purpose of monitoring shall be representative of the monitored
activity. (2) The permittee shall retain
records of all monitoring information, including the following: (a) Calibration and maintenance
records and all original strip chart recordings for continuous monitoring
instrumentation, copies of all reports required by this permit, and records of
all data used to complete the application for this permit, a period of at least
three years from the date of the sample, measurement, report, or application.
This period may be extended by request of the director at any time;
and (b) The nature and composition of all
injected fluids until three years after the completion of any plugging and
abandonment procedures specified under paragraph (B)(5) of rule 3745-34-27 of
the Administrative Code. The director may require the owner or operator to
deliver the records to the director at the conclusion of the retention
period. (3) Records of monitoring information
shall include: (a) The date, exact place, and time
of sampling or measurements; (b) The individual(s) who performed
the sampling or measurements; (c) The date(s) analyses were
performed; (d) The individual(s) who performed
the analyses; (e) The analytical techniques or
methods used; and (f) The results of such
analyses. (K) Signatory requirement. All
applications, reports, or information submitted to the director shall be signed
and certified (see rule 3745-34-17 of the Administrative Code). (L) Reporting
requirements. (1) Planned changes. The permittee
shall give written notice to the director as soon as possible of any planned
physical alterations or additions to the permitted facility. (2) Anticipated noncompliance. The
permittee shall give advance written notice to the director as soon as possible
of any planned changes in the permitted facility or activity which may result
in noncompliance with permit requirements. (3) Transfers. The permit is not
transferable to any person except after written notice to the director. The
director may require modification or revocation and reissuance of the permit to
change the name of the permittee and incorporate such other requirements as may
be necessary under sections 6111.043 and 6111.044 of the Revised Code. (See
rule 3745-34-22 of the Administrative Code; in some cases, modification or
revocation and reissuance is mandatory.) (4) Monitoring reports. Monitoring
results shall be reported in writing at the intervals specified elsewhere in
the permit. (5) Compliance schedules. Reports of
compliance or noncompliance with, or any progress reports on, interim and final
requirements contained in any compliance schedule of this permit shall be
submitted in writing no later than thirty days following each schedule
date. (6) Twenty-four hour reporting. The
permittee shall report any noncompliance which may endanger health or the
environment, including: (a) Any monitoring or other
information which indicates that any contaminant may cause an endangerment to a
USDW; or (b) Any noncompliance with a permit
condition or malfunction of the injection system which may cause fluid
migration into or between USDWs. Any information shall be provided orally
within twenty-four hours from the time the permittee becomes aware of the
circumstances. A written submission shall also be provided within five days of
the time the permittee becomes aware of the circumstances. The written
submission shall contain a description of the noncompliance including exact
dates and times, and if the noncompliance including exact dates and times, and
if the noncompliance has not been corrected, the anticipated time it is
expected to continue; and steps taken or planned to reduce, eliminate, and
prevent reoccurrence of the noncompliance. (7) Other noncompliance. The
permittee shall report in writing all instances of noncompliance not reported
under paragraphs (L)(4), (L)(5), and (L)(6) of this rule, at the time
monitoring reports are submitted. The reports shall contain the information
listed in paragraph (L)(6) of this rule. (8) Other information. Where the
permittee becomes aware that it failed to submit any relevant facts in a permit
application, or submitted incorrect information in a permit application or in
any report to the director, it shall promptly submit such facts or information
in writing. (M) Requirements prior to commencing
injection. Except for all new wells authorized by a class V injection well area
permit under rule 3745-34-18 of the Administrative Code, a new injection well
may not commence injection until construction is complete; and (1) The permittee has applied for and
obtained a permit to operate in accordance with the requirements of this
chapter, and (2) (a) The director has inspected or
otherwise reviewed the new injection well and finds it is in compliance with
the conditions of the permit to drill and the permit to operate;
or (b) The permittee has not received
notice from the director of the intent to inspect or otherwise review the new
injection well within thirty days of the date of notice of completion of
construction, in which case prior inspection or review is waived and the
permittee may commence injection. The director will include a reasonable time
period for the well inspection in the notice. (N) The permittee shall notify the
director at such times as the permit requires before conversion or abandonment
of the well or in the case of area permits before closure of the
project.
Last updated December 12, 2024 at 8:05 AM
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Rule 3745-34-27 | Establishing drilling permit and operating permit conditions.
Effective:
December 12, 2024
(A) Drilling permits shall include
conditions meeting the following requirements: (1) Construction requirements as set
forth in this chapter. Existing wells shall achieve compliance with such
requirements according to a compliance schedule established as a permit
condition. The owner or operator of a proposed new injection well shall submit
plans for testing, drilling, and construction as part of the permit
application. No construction may commence until a permit has been issued
containing construction requirements (see rule 3745-34-06 of the Administrative
Code). New wells shall be in compliance with paragraph (A) of this rule prior
to commencing injection operations. Changes in construction plans during
construction may be approved by the director as minor modifications (rule
3745-34-25 of the Administrative Code). No such changes may be physically
incorporated into construction of the well prior to approval of the
modification by the director. (2) Monitoring and reporting
requirements as set forth in this chapter shall be complied with by the
permittee. (3) Additional conditions. The
director may impose on a case-by-case basis such additional conditions as are
necessary to prevent the migration of fluids into USDW. (B) Injection permits shall include
conditions meeting the following requirements: (1) Corrective action as set forth in
rules 3745-34-30 and 3745-34-33 of the Administrative Code. (2) Operation requirements as set
forth in this chapter. The permit shall establish any maximum injection volumes
and/or pressures necessary to assure that fractures are not initiated in the
injection zone or the confining zone, that injected fluids do not migrate into
any underground source of drinking water, that formation fluids are not
displaced into any underground source of drinking water, and to assure
compliance with the operating requirements of this chapter. (3) Requirements for wells managing
hazardous waste, as set forth in rule 3745-34-09 of the Administrative
Code. (4) Monitoring and reporting
requirements as set forth in this chapter. The permittee shall be required to
identify types of tests and methods used to generate the monitoring
data. (5) Plugging and abandonment. Any
class I permit shall include, and any class V permit may include, conditions to
ensure that plugging and abandonment of the well will not allow the movement of
fluids either into an underground source of drinking water or from one
underground source of drinking water to another. Applicants for a UIC permit
shall submit a plan for plugging and abandonment. For class I hazardous
injection wells, such plan shall be the same as that required under rule
3745-34-36 of the Administrative Code. Where the plan meets the requirements of
this paragraph, the director may incorporate the plan into the permit as a
condition. Where the director's review of an application indicates that
the permittee's plan is inadequate, the director may require the applicant
to revise the plan, prescribe conditions meeting the requirements of this
paragraph, or deny the application. For purposes of this paragraph, temporary
intermittent cessation of injection operations is not abandonment. (6) After a cessation of operations
of two years, the owner or operator shall plug and abandon the well in
accordance with the plugging and abandonment plan. The owner or operator may
request approval from the director to not plug and abandon the well. Such a
request shall include a description of actions and procedures the owner or
operator will take to ensure that the well will not endanger USDW during the
period of temporary abandonment. These actions and procedures shall include
compliance with all technical requirements applicable to active injection
wells. (7) Financial responsibility. The
permittee is required to maintain financial responsibility and resources to
close, plug, and abandon the underground injection operation. The permittee
shall show evidence of financial responsibility to the director by the
submission of surety bond, or other materials acceptable to the director. For
class I hazardous injection wells, financial responsibility must be
demonstrated as required under paragraph (D) of rule 3745-34-36 of the
Administrative Code. (8) Mechanical integrity. A permit
for any call I well or injection project which lacks mechanical integrity shall
include, and for any class V well may include, a condition prohibiting
injection operations until the permittee shows to the satisfaction of the
director under rule 3745-34-34 of the Administrative Code that the well has
mechanical integrity. (9) Additional conditions. The
director may impose on a case-by-case basis such additional conditions as are
necessary to prevent the migration of fluids into underground sources of
drinking water. (C) In addition to conditions
required in rule 3745-34-26 of the Administrative Code, the director may
establish conditions, as required on a case-by-case basis under rule 3745-34-21
of the Administrative Code (duration of permits), paragraph (A) of rule
3745-34-28 of the Administrative Code (schedules of compliance), rule
3745-34-29 of the Administrative Code (monitoring), paragraph (B) of rule
3745-34-28 of the Administrative Code (alternate schedules of compliance), and
rule 3745-34-02 of the Administrative Code (considerations under federal
law). (1) In addition to conditions
required in all permits, the director may establish conditions in permits as
required on a case-by-case basis, to provide for and assure compliance with all
applicable requirements of sections 6111.043 and 6111.044 of the Revised Code
and this chapter. (2) An "applicable
requirement" is any requirement which takes effect prior to the
modification or revocation and reissuance of a permit, to the extent allowed in
rule 3745-34-23 of the Administrative Code. (3) New or reissued permits, and to
the extent allowed under rule 3745-34-23 of the Administrative Code, modified
or revoked and reissued permits, shall incorporate each of the applicable
requirements referenced in rule 3745-34-27 of the Administrative
Code. (4) Permits for owners or operators
of hazardous waste injection wells shall include conditions meeting the
requirements of rule 3745-34-09 and rules 3745-34-50 to 3745-34-62 of the
Administrative Code. (D) Incorporation. All permit
conditions shall be incorporated either expressly or by reference. If
incorporated by reference, a specific citation to the applicable regulations or
requirements must be given in the permit.
Last updated December 12, 2024 at 8:05 AM
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Rule 3745-34-28 | Schedule of compliance.
Promulgated Under:
Ch 119.
(A) General. The permit may, when appropriate, specify a schedule of compliance leading to compliance with sections 6111.043 and 6111.044 of the Revised Code and this chapter. (1) Time for compliance. Any schedules of compliance shall require compliance as soon as possible, and in no case later than three years after the effective date of the permit. (2) Interim dates. Except as provided in paragraph (B)(1)(b) of this rule, if a permit establishes a schedule of compliance which exceeds one year from the date of permit issuance, the schedule shall set forth interim requirements and the dates for their achievement. (a) The time between interim dates shall not exceed one year. (b) If the time necessary for completion of any interim requirement is more than one year and is not readily divisible into stages for completion, the permit shall specify interim dates for the submission of reports of progress toward completion of the interim requirements and indicate a projected completion date. (3) Reporting. The permit shall be written to require that if paragraph (A)(1) of this rule is applicable, progress reports be submitted no later than thirty days following each interim date and the final date of compliance. (B) Alternative schedules of compliance. A permit applicant or permittee may cease conducting regulated activities (by plugging and abandonment) rather than continue to drill or inject and meet permit requirements as follows. (1) If the permittee decides to cease conducting regulated activities at a given time within the term of a permit which has already been issued: (a) The permit may be modified to contain a new or additional schedule leading to timely cessation of activities; or (b) The permittee shall cease conducting permitted activities before noncompliance with any interim or final compliance schedule requirement already specified in the permit. (2) If the decision to cease conducting regulated activities is made before issuance of a permit whose term will include the termination date, the permit shall contain a schedule leading to termination which will ensure timely compliance with applicable requirements. (3) If the permittee is undecided whether to cease conducting regulated activities, the director may issue or modify a permit to contain two schedules as follows: (a) Both schedules shall contain an identical interim deadline requiring a final decision on whether to cease conducting regulated activities no later than a date which ensures sufficient time to comply with applicable requirements in a timely manner if the decision is to continue conducting regulated activities; (b) One schedule shall lead to timely compliance with applicable requirements; (c) The second schedule shall lead to cessation of regulated activities by a date which will ensure timely compliance with applicable requirements; (d) Each permit containing two schedules shall include a requirement that after the permittee has made a final decision under paragraph (B)(3)(a) of this rule, it shall follow the schedule leading to compliance if the decision is to continue conducting regulated activities, and follow the schedule leading to termination if the decision is to cease conducting regulated activities. (4) The applicant's or permittee's decision to cease conducting regulated activities shall be evidenced by a firm public commitment satisfactory to the director, such as a resolution of the board of directors of a corporation.
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
Prior Effective Dates:
12/15/1982
|
Rule 3745-34-29 | Requirements for recording and reporting of monitoring results.
Promulgated Under:
Ch 119.
All permits shall specify: (A) Requirements concerning the proper use, maintenance, and installation, when appropriate, of monitoring equipment or methods (including biological monitoring methods when appropriate); (B) Required monitoring including type, intervals, and frequency sufficient to yield data which are representative of the monitored activity including when appropriate, continuous monitoring; (C) Applicable reporting requirements based upon the impact of the regulated activity as specified in this chapter. Reporting shall be no less frequent than specified in rule 3745-34-26 of the Administrative Code.
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
Prior Effective Dates:
12/15/1982
|
Rule 3745-34-30 | Plan of corrective action.
Promulgated Under:
Ch 119.
(A) Coverage. Applicants for class I well permits shall identify the location of all known wells within the injection well's area of review which penetrate the injection zone. For such wells which are improperly sealed, completed, or abandoned, as determined by the director, the applicant shall also submit a plan consisting of such steps or modifications as are necessary to prevent movement of fluid into underground sources of drinking water ("corrective action"). Where the plan is adequate, the director shall incorporate it into the permit as a condition. Where the director's review of an application indicates that the permittee's plan is inadequate (based on the factors in rule 3745-34-33 of the Administrative Code), the director shall require the applicant to revise the plan, prescribe a plan for corrective action as a condition of the permit under paragraph (B) of this rule, or deny the application. (B) Requirements. (1) Existing injection wells. Any permit issued for an existing injection well requiring corrective action shall include a compliance schedule requiring any corrective action accepted or prescribed under paragraph (A) of this rule to be completed as soon as possible. (2) New injection wells. No owner or operator of a new injection well may begin injection until all required corrective action has been taken. (3) Injection pressure limitation. The director may require as a permit condition that injection pressure be so limited that pressure in the injection zone does not exceed hydrostatic pressure at the site of any improperly completed or abandoned well within the area of review. This pressure limitation shall satisfy the corrective action requirement. Alternatively, such injection pressure limitation can be part of a compliance schedule and last until all other required corrective action has been taken.
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
Prior Effective Dates:
12/15/1982
|
Rule 3745-34-32 | Area of review.
Effective:
April 23, 2009
This rule was filed with the Legislative Service Commission in PDF format and is presented here as filed.
View Rule Text
Last updated November 26, 2024 at 10:36 AM
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Rule 3745-34-33 | Corrective action.
Effective:
December 12, 2024
In determining the adequacy of corrective action
proposed by the applicant under rule 3745-34-30 of the Administrative Code and
in determining the additional steps needed to prevent fluid movement into
underground sources of drinking water, the following criteria and factors may
be considered by the director: (A) Nature and volume of injected
fluid. (B) Nature of native fluids or
by-products of injection. (C) Potentially affected
population. (D) Geology. (E) Hydrology. (F) History of the injection
operation. (G) Completion and plugging
records. (H) Abandonment procedures in effect
at the time the well was abandoned. (I) Hydraulic connections with
underground sources of drinking water. (J) Surface waste handling
operations.
Last updated December 12, 2024 at 8:06 AM
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Rule 3745-34-34 | Mechanical integrity.
Effective:
December 12, 2024
(A) An injection well has mechanical
integrity if the following are met: (1) There are no
significant leaks in the casing, tubing or packer. (2) There is no
significant fluid movement into an underground source of drinking water (USDW)
through vertical channels adjacent to the injection well bore. (B) One of the following methods shall be
used to evaluate the absence of leaks under paragraph (A)(1) of this
rule: (1) Monitoring of the
tubing-casing annulus pressure with sufficient frequency to be representative,
as determined by the director, while maintaining an annulus pressure different
from atmospheric pressure measured at the surface. (2) Pressure test with
liquid or gas. (C) The results of a temperature or noise
log shall be used to determine the absence of significant fluid movement under
paragraph (A)(2) of this rule. (D) The director may allow the use of a
test to demonstrate mechanical integrity other than those listed in paragraphs
(B) and (C) of this rule with the written approval of the administrator of the
United States environmental protection agency (USEPA). To obtain approval, the
director shall submit a written request to the administrator of USEPA setting
forth the proposed test and all technical data supporting its use. Any
alternate method approved by the director shall be published pursuant to the
requirements of Chapter 3745-49 of the Administrative Code. (E) In conducting and evaluating the
tests enumerated in this rule or others to be allowed by the director, the
owner or operator and the director shall apply methods and standards generally
accepted in the industry. When the owner or operator reports the results of
mechanical integrity tests to the director, a description of any test and any
method used shall be included. In making an evaluation, the director shall
review monitoring and other test data submitted since the previous
evaluation. (F) The director or the director's
authorized representative may be present during the test for demonstration of
mechanical integrity, unless the director or the director's authorized
representative waives this requirement before the test occurs. (G) The director may require additional
or alternative tests if the results presented by the owner or operator under
paragraph (E) of this rule are not satisfactory to the director to demonstrate
that there is no movement of fluid into or between USDWs resulting from the
injection activity. (H) No injection without the
director's approval shall occur into a class I well that cannot maintain
technical integrity as defined by paragraph (A) of this rule unless the
injection of fluids is intended to prevent the flow of waste up the well to the
surface. In the event that a loss of mechancial integrity of a class I well is
discovered, the owner or operator shall follow the requirements of paragraph
(H) of rule 3745-34-56 of the Administrative Code.
Last updated December 12, 2024 at 8:06 AM
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Rule 3745-34-35 | Criteria for establishing permitting priorities.
Effective:
December 12, 2024
In determining priorities for setting times for
owners to submit applications for authorization to operate under the procedures
of paragraphs (A) and (C) of rule 3745-34-12, and paragraphs (B) and (C) of
rule 3745-34-13 of the Administrative Code, the director bases these priorities
upon consideration of the following factors: (A) Injection wells known or suspected to
be contaminating underground sources of drinking water. (B) Injection wells known to be injecting
fluids containing hazardous contaminants. (C) Likelihood of contamination of
underground sources of drinking water. (D) Potentially affected
population. (E) Injection wells violating existing
requirements of this chapter and Chapters 6111. and 3734. of the Revised
Code. (F) Coordination with the issuance of
permits required by other permit programs. (G) Age and depth of the injection
well. (H) Expiration dates of existing permits,
if any.
Last updated December 12, 2024 at 8:06 AM
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Rule 3745-34-36 | Plugging and abandoning class I wells.
Promulgated Under:
Ch 119.
(A) Prior to abandoning class I wells, the well shall be plugged with cement in a manner which will not allow the movement of fluids either into or between underground sources of drinking water. (B) Placement of the cement plugs shall be accomplished by one of the following: (1) The balance method; (2) The dump bailer method; (3) The two-plug method; or (4) An alternative method approved by the director, which will reliably provide a comparable level of protection to underground sources of drinking water. (C) The well to be abandoned shall be in a state of static equilibrium with the mud weight equalized top to bottom, either by circulating the mud in the well at least once or by a comparable method prescribed by the director, prior to the placement of the cement plug(s). (D) (1) Class I hazardous waste wells subject to standards for existing facilities, Chapters 3745-65 to 3745-69 of the Administrative Code, shall comply with: (a) Rules 3745-66-11 to 3745-66-15 of the Administrative Code for closure; and (b) Rules 3745-66-17 to 3745-66-20 of the Administrative Code for post-closure care; and (c) Rules 3745-66-42 to 3745-66-48 of the Administrative Code for financial responsibility of owners and operators of hazardous waste facilities. (2) Class I hazardous waste wells subject to standards for new facilities, Chapters 3745-54 to 3745-57 of the Administrative Code, shall comply with: (a) Rules 3745-55-11 to 3745-55-15 of the Administrative Code for closure; and (b) Rules 3745-55-17 to 3745-55-20 of the Administrative Code for post-closure care; and (c) Rules 3745-55-42 to 3745-55-51 of the Administrative Code for financial responsibility of owners and operators of hazardous waste facilities.
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
Prior Effective Dates:
12/15/1982
|
Rule 3745-34-37 | Construction requirements for class I wells.
Effective:
December 12, 2024
(A) All class I wells shall be sited
in such a fashion that they inject into a formation which is beneath the
lowermost formation containing, within one-quarter mile of the well bore, an
underground source of drinking water. (B) All class I wells shall be cased
and cemented to prevent the movement of fluids into or between underground
sources of drinking water. The casing and cement used in the construction of
each newly drilled well shall be designed for the life expectancy of the well.
In determining and specifying casing and cementing requirements, the following
factors shall be considered: (1) Depth to the injection
zone. (2) Injection pressure, external
pressure, internal pressure, and axial loading. (3) Hole size. (4) Size and grade of all casing
strings (wall thickness, diameter, nominal weight, length, joint specification,
and construction material). (5) Corrosiveness of injected fluid,
formation fluids, and temperatures. (6) Lithology of injection and
confining intervals. (7) Type or grade of
cement. (C) All class I injection wells,
except those municipal wells injecting non-corrosive wastes, shall inject
fluids through tubing with a packer set immediately above the injection zone,
or tubing with an approved fluid seal as an alternative. The tubing, packer,
and fluid seal shall be designed for the expected service. (1) The use of other alternatives to
a packer may be allowed with the written approval of the director. To obtain
approval, the operator shall submit a written request to the director, which
shall set forth the proposed alternative and all technical data supporting its
use. The director shall approve the request if the alternative method will
reliably provide a comparable level of protection to underground sources of
drinking water. The director may approve an alternative method solely for an
individual well or for general use. (2) In determining and specifying
requirements for tubing, packer, or alternatives, the following factors shall
be considered: (a) Depth of setting. (b) Characteristics of injection
fluid (chemical content, corrosiveness, and density). (c) Injection pressure. (d) Annular pressure. (e) Rate, temperature and volume of
injected fluid. (f) Size of casing. (3) All areas of a well that may come
into contact with corrosive wastes shall be constructed of corrosion-resistant
materials. (D) Appropriate logs and other tests
shall be conducted during the drilling and construction of new class I wells. A
descriptive report interpreting the results of such logs and tests shall be
prepared by a knowledgeable log analyst and submitted to the director. At a
minimum, such logs and tests shall include: (1) Deviation checks on all holes
constructed by first drilling a pilot hole, and then enlarging the pilot hole
by reaming or another method. Such checks shall be at sufficiently frequent
intervals to assure that vertical avenues for fluid migration in the form of
diverging holes are not created during drilling. (2) Such other logs and tests as may
be needed after taking into account the availability of similar data in the
area of the drilling site, the construction plan, and the need for additional
information, that may arise from time to time as the construction of the well
progresses. In determining which logs and tests shall be required, the
following logs shall be considered for use in the following
situations: (a) For surface casing intended to
protect underground sources of drinking water: (i) Resistivity,
spontaneous potential, and caliper logs before the casing is
installed. (ii) A cement bond,
temperature, or density log after the casing is set and cemented. (b) For intermediate and long strings
of casing intended to facilitate injection: (i) Resistivity,
spontaneous potential, porosity, and gamma ray logs before the casing is
installed. (ii) Fracture
finder logs. (iii) A cement
bond, temperature, or density log after the casing is set and
cemented. (E) At a minimum, the following
information concerning the injection formation shall be determined or
calculated for new class I wells: (1) Fluid pressure. (2) Temperature. (3) Fracture pressure. (4) Other physical and chemical
characteristics of the injection matrix. (5) Physical and chemical
characteristics of the formation fluids. (6) Compatibility of injected fluids
with formation fluids.
Last updated December 12, 2024 at 8:07 AM
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Rule 3745-34-38 | Operating, monitoring, and reporting requirements for class I wells.
Effective:
December 12, 2024
(A) Operating requirements. Operating
requirements shall, at a minimum, include: (1) Except during stimulation,
injection pressure at the wellhead shall not exceed a maximum which shall be
calculated so as to assure that the pressure in the injection zone during
injection does not initiate new fractures or propagate existing fractures in
the injection zone. In no case shall injection pressure initiate fractures in
the confining zone or cause the movement of injection or formation fluids into
an underground source of drinking water. (2) Injection between the outermost
casing protecting underground sources of drinking water and the well bore is
prohibited. (3) Unless an alternative to a packer
has been approved under paragraph (C) of rule 3745-34-37 of the Administrative
Code, the annulus between the tubing and the long string of casings shall be
filled with a fluid approved by the director, and a pressure, also approved by
the director, shall be maintained on the annulus. (B) Monitoring requirements.
Monitoring requirements shall, at a minimum, include: (1) The analysis of the injected
fluids with sufficient frequency to yield representative data of their
characteristics. (2) Installation and use of
continuous recording devices to monitor injection pressure, flow rate and
volume, and the pressure on the annulus between the tubing and the long string
of casing. (3) A demonstration of mechanical
integrity pursuant to rule 3745-34-34 of the Administrative Code every three
years during the life of the well or more frequently, if public health, safety,
or environmental circumstances so warrant. (4) Pressure testing of the entire
casing length every three years during the life of the well or more frequently,
if public health, safety, or environmental circumstances so warrant, instead of
using as the standard a pressure of fifty per cent greater than the average
pressure. (5) The type, number and location of
wells within the area of review to be used to monitor any migration of fluids
into and pressure in the underground sources of drinking water, the parameters
to be measured and the frequency of monitoring. (C) The director may require the
owner or operator to submit, for approval, a monitoring program plan which
meets the requirements set forth in rule 3745-34-57 of the Administrative
Code. (D) Reporting requirements. Reporting
requirements shall, at a minimum, include: (1) Monthly reports to the director
on: (a) The physical, chemical and other
relevant characteristics of injection fluids. (b) Monthly average, maximum and
minimum values for injection pressure, flow rate in gpm and volume, and annular
pressure. For each minimum and maximum injection rate reported, list in the
report the injection pressure and annulus pressure occurring during the time
the well was operating at this minimum or maximum rate. Also include a listing
of the date, duration and cause of any non-operating period for each well
during the month. (c) The results of monitoring
prescribed under paragraph (B)(5) of this rule. (2) Reporting the results, with the
first monthly report after the completion, of: (a) Periodic tests of mechanical
integrity. (b) Any other test of the injection
well conducted by the permittee if required by the director. (c) Any well work over. (3) Any procedures conducted at the
injection well other than routine operational procedures.
Last updated December 12, 2024 at 8:07 AM
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Rule 3745-34-39 | Information to be considered by the director in authorizing class I wells.
Effective:
December 12, 2024
This rule sets forth the information which shall be
considered by the director in authorizing class I wells. For an existing or
converted new class I well, the director may rely on the existing permit file
for those items of information listed below which are current and accurate in
the file. For a newly drilled class I well, the director requires the
submission of all the information listed below. For both existing and new class
I wells, certain maps, cross sections, tabulations of wells within the area of
review and other data may be included in the application by reference provided
they are current, readily available to the director (for example in the
permitting agency's files) and sufficiently identified to be
retrieved. (A) Prior to the issuance of a permit for
an existing class I well to operate or the construction or conversion of a new
class I well, the director shall consider the following: (1) Information required
in rules 3745-34-12, 3745-34-13, and 3745-34-14 of the Administrative
Code. (2) A map showing the
injection well(s) for which a permit is sought and the applicable area of
review. Within the area of review, the map shall show the number, or name, and
location of all producing wells, injection wells, abandoned wells, dry holes,
surface bodies of water, springs, mines (surface and subsurface), quarries,
water wells and other pertinent surface features including residences and
roads. The map should also show faults, if known or suspected. Only information
of public record is required to be included on this map. (3) A tabulation of data
on all wells within the area of review which penetrate into the proposed
injection zone. Such data shall include a description of each well's type,
construction, date drilled, location, depth, record of plugging and/or
completion, and any additional information the director may
require. (4) Maps and cross
sections indicating the general vertical and lateral limits of all underground
sources of drinking water within the area of review, their position relative to
the injection formation and the direction of water movement, where known, in
each underground source of drinking water which may be affected by the proposed
injection. (5) Maps and cross
sections detailing the geologic structure of the local area. (6) Generalized maps and
cross sections illustrating the regional geologic setting. (7) Proposed operating
data: (a) Average and maximum daily rate and volume of the fluid to be
injected. (b) Average and maximum injection pressure. (c) Source and an analysis of the chemical, physical,
radiological and biological characteristics of injection fluids. (8) Proposed formation
testing program to obtain an analysis of the chemical, physical and
radiological characteristics of and other information on the receiving
formation. (9) Proposed stimulation
program. (10) Proposed injection
procedure. (11) Schematic or other
appropriate drawings of the surface and subsurface construction details of the
well. (12) Contingency plans to
cope with all shut-ins or well failures so as to prevent migration of fluids
into any underground source or drinking water. (13) Plans (including
maps) for meeting the monitoring requirements in paragraph (B) of rule
3745-34-38 of the Administrative Code. (14) For wells within the
area of review which penetrate the injection zone but are not properly
completed or plugged, the corrective action proposed to be taken under rule
3745-34-30 of the Administrative Code. (15) Construction
procedures including a cementing and casing program, logging procedures,
deviation checks, and a drilling, testing, and coring program. (16) A certificate that
the applicant has assured, through a performance bond or other appropriate
means, the resources necessary to close, plug or abandon the well as required
by paragraph (B)(6) of rule 3745-34-27 of the Administrative Code. (17) Location, including,
but not limited to, seismic areas, wetlands, flood hazard areas, carbonate
formations that result in caverns, and underground mines, both active and
abandoned. (18) The means to dispose
of any sludges, solid wastes, or semi-solids or liquids generated in the
treatment of any wastes received. (B) Prior to granting approval for the
operation of a class I well, the director shall consider the following
information: (1) All available logging
and testing program data on the well. (2) A demonstration of
mechanical integrity pursuant to rule 3745-34-34 of the Administrative
Code. (3) The anticipated
maximum pressure and flow rate at which the permittee will
operate. (4) The results of the
formation testing program. (5) The actual injection
procedure. (6) The compatibility of
injected waste with fluids in the injection zone and minerals in both the
injection zone and the confining zone. (7) The status of
corrective action on defective wells in the area of review. (C) Prior to granting approval for the
plugging and abandonment of a class I well, the director shall consider the
following information: (1) The type and number
of plugs to be used. (2) The placement of each
plug including the elevation of the top and bottom. (3) The type and grade
and quantity of cement to be used. (4) The method for
placement of the plugs. (5) The procedure to be
used to meet the requirements of rule 3745-34-36 of the Administrative
Code.
Last updated December 12, 2024 at 8:07 AM
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Rule 3745-34-40 | Seismic reflection survey requirements for class I wells.
(A) A seismic reflection data survey
shall be conducted at each injection site where a class I injection well is
located or is proposed to be located in order to determine the presence or
absence of such geologic faults or fractures as may be identified by seismic
reflection survey data within or near the area around the well where the
formation pressures may be increased due to the operation of the
well. (B) A new seismic reflection data survey
is not required, if a seismic reflection data survey was conducted at an
injection site in accordance with a work plan approved by the director or a
seismic reflection data survey was conducted at an injection site and the
results were approved in writing by the director. (C) The owner of a class I injection well
shall re-evaluate the seismic reflection data collected per paragraph (A) or
(B) of this rule, if there is a change in the area of review of an injection
well or if the owner or operator is proposing a new well to be located at the
injection site. The director may require the owner or operator to submit
additional seismic reflection data as may be necessary or appropriate, if the
director determines that the existing data are inadequate to determine the
presence or absence of geologic faults or fractures as may be identified by
seismic reflection survey data within the altered area of review or within the
area of pressure buildup of the new well. (D) Prior to conducting a seismic
reflection data survey, the owner or operator shall submit for approval by the
director, a work plan detailing the activities and methods to be used to
fulfill the requirements of paragraph (A) of this rule. The activities and
methods described in the plan shall include those used in data acquisition,
processing, interpreting and reporting the seismic reflection data. This work
plan shall, at a minimum, include the following: (1) Provisions for data
acquisition, processing, and plotting no less than three seconds of
data. (2) Proposed line
locations and appropriate acquisition and processing parameters for the data.
The survey shall include adequate horizontal data coverage which will image and
properly identify any known or unknown geologic features that may affect the
site, both during operation and post-closure periods of the wells. (3) Provisions for keeping detailed and
dated field notes and records of all geophysical investigations. (4) Provisions for headers on final line
plots to indicate the shotpoint ranges of the various energy sources, if
multiple energy sources are utilized within a survey. Any changes in shooting
or processing parameters utilized should be specified within the headers as
well. (5) Provisions for having lines plotted
at an appropriate vertical scale. (6) Other additional
information determined necessary by the director. (E) The owner or operator shall conduct
the seismic reflection survey per the plan approved by the director under
paragraph (D) of this rule, unless during the conducting of the seismic
reflection survey unanticipated conditions cause a reasonable deviation from
the approved plan. Any deviation from the plan shall be reported to Ohio EPA
within one business day of the deviation taking place. Any deviations from the
approved plan shall continue to allow the resulting seismic reflection survey
to meet the requirements of paragraph (A) of this rule. All deviations from the
approved plan shall be listed within the report required by paragraph (F) of
this rule with an explanation as to why the deviation was necessary and how the
deviation continued to allow the seismic reflection survey to continue to meet
the requirements of paragraph (A) of this rule. (F) The owner shall submit to the director a final report and
digital data with all appropriate header information detailing the results of
the seismic reflection data survey required by paragraph (A) of this rule. This
report shall be submitted with the permit to drill application required by
rules 3745-34-12 and 3745-34-13 of the Administrative Code. The report shall be
certified in accordance with rule 3745-34-17 of the Administrative Code. The
report shall describe, where present, the faults and fractures within or near
the area around the well where the formation pressures may be increased due to
the operation of the well. Where there are no faults and fractures present
within or near the area around the well where the formation pressures may be
increased due to the operation of the well, the report shall state this. The
report shall, at a minimum, include the following: (1) A copy of the seismic
reflection field digital data. The field digital data shall be submitted in a
format approved by the director within the work plan required. (2) A surveyed base map
illustrating the following: (a) Surveyed line locations with shot points
annotated. (b) All wells in the area that penetrate the confining zone, with
permit numbers, total depth and standard symbols utilized to denote these
wells. The producing zone(s) of these wells should be listed within the final
report. (c) The facility property boundaries. (d) County and township boundaries and names (or
numbers). (e) Highways, pipelines, railways and transmission
lines. (3) Provisions for
including processed digital data of seismic profiles in the final
report. (a) Brute stack. (b) Structure stack. (c) Migration stack. (4) The compilation and
presentation of processing step notes with the data. These notes should be
detailed so the entire processing sequence may be duplicated by an outside
party. Intermediate data, specific procedures and the technical basis for
selected procedures applied in all static corrections should be provided in
digital form. (5) A copy of interpreted profile
sections as requested by the director with all significant geologic horizons
annotated. The stratigraphic nomenclature shall be that currently in use by the
Ohio department of natural resources, division of geologic survey. Wellbores
shall be projected along regional geologic strike and annotated on nearby
sections. The distance and azimuth of the projection shall be noted on any
seismic lines for each well location. One copy of the uninterpreted seismic
sections shall be included within the report. (6) Other additional
information determined necessary by the director. (G) The director may require a passive
seismic monitoring program be maintained at or near the injection site if the
director determines that the operation of a class I injection well may cause
seismic disturbances. The director may require that a microseismicity
monitoring program be maintained at an injection site when determined to be
necessary or appropriate.
Last updated October 7, 2024 at 12:01 PM
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Rule 3745-34-50 | Criteria and standards for class I injection wells.
Effective:
December 16, 1991
Promulgated Under:
Ch 119.
The requirements set forth in rule 3745-34-50 to 3745-34-62 of the Administrative Code apply to owners and operators of class I hazardous waste injection wells, and in some cases, the owners and operators of all class I injection wells. These rules supplement the requirements set forth in rules 3745-34-01, 3745-34-04, and 3745-34-32 to 3745-34-39 of the Administrative Code.
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
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Rule 3745-34-51 | Minimum criteria for siting class I hazardous waste injection wells.
Effective:
December 12, 2024
(A) All class I hazardous waste injection
wells shall be sited such that they inject into a formation that is beneath the
lowermost formation containing, within one quarter mile of the well bore, an
underground source of drinking water. (B) Upon a finding by the director, the
siting of class I hazardous waste injection wells shall be limited to areas
that are geologically suitable. The director shall determine geologic
suitability based upon information submitted by the applicant including the
following: (1) An analysis of the
structural and stratigraphic geology, the hydrogeology, and the seismicity of
the region. (2) An analysis of the
local geology and hydrogeology of the well site, including, at a minimum,
detailed information regarding stratigraphy, structure and rock properties,
aquifer hydrodynamics and mineral resources. (3) A determination that
the geology of the area can be described confidently and that limits of waste
fate and transport can be accurately predicted through the use of
models. (C) Class I hazardous waste injection
wells shall be sited such as follows: (1) The injection zone
has sufficient permeability, porosity, thickness and areal extent to prevent
migration of fluids into USDWs. (2) The confining
zone: (a) Is laterally continuous and free of transecting,
transmissive faults or fractures over an area sufficient to prevent the
movement of fluids into USDW. (b) Contains at least one formation of sufficient thickness
and with lithologic and stress characteristics capable of preventing vertical
propagation of fractures. (D) The owner or operator shall submit
information to the director adequate to demonstrate one of the
following: (1) The confining zone is
separated from the base of the lowermost USDW by at least one sequence of
permeable and less permeable strata that will provide an added layer of
protection for the USDW in the event of fluid movement in an unlocated bore
hole or transmissive fault. (2) Within the area of
review, the piezometric surface of the fluid in the injection zone is less than
the piezometric surface of the lowermost USDW, considering density effects,
injection pressures and any significant pumping in the overlying
USDW. (3) There is no USDW
present. (E) All new class I injection wells and
wells converted to a class I injection well permitted after the effective date
of rules in this chapter shall comply with the location restrictions in
paragraph (F) of this rule unless the new class I injection well is located at
a commercial complex, or industrial complex, or site, or location, or tract of
land with an existing class I injection well initially permitted prior to the
effective date of this rule. Existing class I injection wells initially
permitted prior to the effective date of this rule are not required to meet the
location restrictions in paragraph (F) of this rule. (F) On and after the effective date of
this rule, all of the following apply to a new class I injection well, and a
well proposed to be converted to a class I injection well. A new class I
injection well, and a well proposed to be converted to a class I injection well
shall not be located: (1) Within the boundary
of a flood hazard area as delineated on the "National Flood Insurance Rate
Map." (2) Nearer than five
hundred feet from the boundary of the facility or property the Class I well is
to be located on. This requirement does not apply if the class I injection well
is proposed to be on a site that is zoned industrial. (3) Within one thousand
feet of and within any of the following: (a) The five-year time of travel associated with a public
drinking water supply, as delineated or endorsed under the "Source Water
Assessment and Protection Program"; and (b) The emergency management zone of a public water system
intake. (4) Within seven hundred
fifty feet of an occupied private dwelling or a public building that may be
used as a place of assembly, education, entertainment, lodging, or occupancy by
the public. However, the owner or the person with legal authority for the
private dwelling or public building may consent in writing to a location of the
class I injection well to a distance less than seven hundred fifty feet if the
applicant for the class I injection well submits the written consent with the
application. (5) In or within one
hundred feet of a wetland or any surface waters that are waters of the state as
defined in section 6111.01 of the Revised Code. (6) Within one hundred
feet of ponds, developed springs, and water wells. However, the owner or the
person with legal authority for the ponds, developed springs, and water wells
may consent in writing to a location of the class I injection well to a
distance less than one hundred feet if the applicant for the class I injection
well submits the written consent with the application.
Last updated December 12, 2024 at 8:08 AM
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Rule 3745-34-52 | Area of review.
Effective:
December 12, 2024
For the purposes of class I hazardous waste wells,
this rule shall apply to the exclusion of rule 3745-34-32 of the Administrative
Code. The area of review for class I hazardous waste injection wells shall be a
two-mile radius around the well bore. The director may specify a larger area of
review based on the calculated cone of influence of the well.
Last updated December 12, 2024 at 8:08 AM
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Rule 3745-34-53 | Corrective action for wells in the area of review.
Effective:
December 12, 2024
For the purposes of class I hazardous waste wells,
this rule applies in lieu of rule 3745-34-33 of the Administrative Code. (A) As part of the permit to install or
operate a class I injection well application, the owner or operator of a class
I hazardous waste injection well shall submit a plan to the director outlining
the protocol used to do the following: (1) Identify all wells
penetrating the confining zone or injection zone within the area of
review. (2) Determine whether
wells are adequately completed or plugged. (B) The owner or operator of a class I
hazardous waste injection well shall identify the location of all wells within
the area of review that penetrate the injection zone or the confining zone and
in accordance with rules 3745-34-13 and 3745-34-59 of the Administrative Code,
submit the following: (1) A tabulation of all
wells within the area of review that penetrate the injection zone or the
confining zone. (2) A description of each
well or type of well and any records of the well's plugging or
completion. (C) The owner or operator of a class I
hazardous waste injection well, shall as part of the application for a permit
to drill or operate submit a plan consisting of such steps or modification as
are necessary to prevent movement of fluids into or between USDWs, for wells
that the director determines are improperly plugged, completed, or abandoned,
or for which plugging or completion information is unavailable. Where the plan
is adequate, the director shall incorporate the plan into the permit as a
condition. Where the director's review of an application indicates that
the permittee's plan is inadequate, the director may do one of the
following: (1) Require the applicant
to revise the plan. (2) Prescribe a plan for
corrective action as a condition of the permit. (3) Deny the
application. (D) Any permit issued for an existing
class I hazardous waste injection well requiring corrective action other than
pressure limitations shall include a compliance schedule requiring any
corrective action accepted or prescribed under this section. Any such
compliance schedule shall provide for compliance as soon as possible but no
later than two years following issuance of the permit and require observance of
appropriate pressure limitations under paragraph (D)(2) of this rule until all
other corrective action measures have been implemented. (1) No owner or operator
of a new class I hazardous waste injection well may begin injection until all
corrective actions required under this rule have been taken. (2) The director may
require pressure limitations in lieu of plugging. If pressure limitations are
used in lieu of plugging, the director may require as a permit condition that
injection pressure be so limited that pressure in the injection zone at the
site of any improperly completed or abandoned well within the area of review
would not be sufficient to drive fluids into or between USDWs. This pressure
limitation satisfies the corrective action requirement. Alternatively, such
injection pressure limitation may be made part of a compliance schedule and may
be required to be maintained until all other required corrective actions have
been implemented. (E) In determining the adequacy of
corrective action proposed by the applicant under this rule and in determining
the additional steps needed to prevent fluid movement into and between USDWS,
the director will consider the following from, rule 3745-34-33 of the
Administrative Code: (1) Nature and volume of
injected fluid. (2) Nature of native
fluids or byproducts of injection. (3) Potentially affected
populations. (4) Geology. (5) Hydrology. (6) History of the injection
operation. (7) Completion and plugging
records. (8) Closure procedures in effect at the
time the well was closed. (9) Hydraulic connections with
USDWs. (10) Surface waste
handling operations. (11) Reliability of the procedures used to
identify abandoned wells. (12) Any other factors which might affect
the movement of fluids into or between USDWs.
Last updated December 12, 2024 at 8:08 AM
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Rule 3745-34-54 | Construction requirements.
Effective:
December 12, 2024
(A) All existing and new class I
hazardous waste injection wells shall be constructed and completed by owners
and operators to do the following: (1) Prevent the movement
of fluids into or between USDWs or into any unauthorized zones. (2) Permit the use of
appropriate testing devices and work over tools. (3) Permit continuous
monitoring of injection tubing and long string casing as required pursuant to
rule 3745-34-56 of the Administrative Code. (B) All well materials used in the
construction or repair of existing and new class I hazardous waste injection
wells shall be compatible with fluids with which the materials may be expected
to come into contact. All areas of a well that may come into contact with
corrosive wastes shall be constructed of corrosion resistant materials. A class
I injection well shall be deemed by the director to have compatibility as long
as the materials used in the construction of the well meet or exceed the
requirements of this rule. (C) Casing and cementing of new
wells. (1) Casing and cement
used in the construction of each newly drilled class I injection well or the
repair of an existing class I injection well shall be designed for the life
expectancy of the well, including the post-closure care period. The casing and
cementing program shall be designed to prevent the movement of fluids into or
between USDWs, and to prevent potential leaks of fluids from the class I
injection well. In establishing casing and cementing requirements of the permit
or the repair plan, the director shall consider the following information as
required by rule 3745-34-59 of the Administrative Code: (a) Depth to the injection zone. (b) Injection pressure, external pressure, internal pressure and
axial loading. (c) Hole size. (d) Size and grade of all casing strings (wall thickness,
diameter, nominal weight, length, joint specification and construction
material). (e) Corrosiveness of injected fluid, formation fluids and
temperature. (f) Lithology of injection and confining zones. (g) Type or grade of cement. (h) Quantity and chemical composition of the injected
fluid. (2) One surface casing
string shall, at a minimum, extend into the confining bed below the lowest
formation that contains a USDW and be cemented by circulating cement from the
base of the casing to the surface, using a minimum of one hundred twenty per
cent of the calculated annular volume. The director may require more than one
hundred twenty per cent when the geology or other circumstances warrant to
protect underground sources of drinking water. (3) At least one long
string casing, using a sufficient number of centralizers, shall extend to the
injection zone and shall be cemented by circulating cement to the surface in
one or more of the following stages: (a) Of sufficient quantity and quality to withstand the maximum
operating pressure. (b) In a quantity no less than one hundred twenty per cent of the
calculated volume necessary to fill the annular space. The director may require
more than one hundred twenty per cent when the geology or other circumstances
warrant to protect underground sources of drinking water. (4) Circulation of cement
may be accomplished by staging. The director may approve an alternative method
of cementing in cases where the cement cannot be recirculated to the surface,
provided the owner or operator can demonstrate by using logs that the cement is
continuous and does not allow fluid movement behind the well bore and it is
still protective of underground sources of drinking water. (5) Casings, including
any casing connections, shall be rated to have sufficient structural strength
to withstand, for the design life of the well the following: (a) The maximum burst and collapse pressures that may be
experienced during the construction, operation, and closure of the
well. (b) The maximum tensile stress that may be experienced at any
point along the length of the casing during the construction, operation, and
closure of the well. (6) At a minimum, cement
and cement additives must be of sufficient quality and quantity to maintain
integrity over the design life of the well. (D) Tubing and packer. (1) All class I hazardous
waste injection wells shall inject fluids through tubing with a packer, both
designed for the expected service, set at a point approved by the
director. (2) In determining and
specifying requirements for tubing and packer, the director shall consider the
following factors, among others: (a) Depth of setting. (b) Characteristics of injection fluid (chemical content,
corrosiveness, temperature and density). (c) Injection pressure. (d) Annular pressure. (e) Rate (intermittent or continuous), temperature and volume of
injected fluid. (f) Size of casing. (g) Tubing tensile, burst, and collapse strengths. (3) At the written
request of the operator, the director may approve the use of an alternative to
the packer if the alternative method will reliably provide a comparable level
of protection to underground sources of drinking water.
Last updated December 12, 2024 at 8:08 AM
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Rule 3745-34-55 | Logging, sampling, and testing prior to new well operation.
Effective:
December 16, 1991
Promulgated Under:
Ch 119.
(A) During the drilling and construction of a new Class I hazardous waste injection well, appropriate logs and tests shall be run to determine or verify the depth, thickness, porosity, permeability, and rock type of, and the salinity of any entrained fluids in, all relevant geologic units to assure conformance with performance standards of rule 3745-34-54 of the Administrative Code and to establish accurate baseline data against which future measurements may be compared. A descriptive report interpreting results of such logs and tests shall be prepared by a knowledgeable log analyst and submitted to the director. Such logs and tests shall include: (1) Deviation checks during drilling on all holes constructed by drilling a pilot hole which is enlarged by reaming or another method. Such checks shall be at sufficiently frequent intervals to determine the location of the bore hole and to assure that vertical avenues for fluid movement in the form of diverging holes are not created during drilling; and (2) Such other logs and tests as may be required by the director after taking into account the availability of similar data in the area of the drilling site, the construction plan, and the need for additional information that may arise from time to time as the construction of the well progresses. At a minimum, the following logs shall be required in the following situations: (a) Upon installation of the surface casing: (i) Resistivity, spontaneous potential, and caliper logs before the casing is installed; and (ii) A cement bond and variable density log, and a temperature log after the casing is set and cemented. (b) Upon installation of the long string casing; (i) Resistivity, spontaneous potential, porosity, caliper, gamma ray, and fracture finder logs before the casing is installed; and (ii) A cement bond and variable density log, and a temperature log after the casing is set and cemented. (c) The director may allow the use of an alternative to the above logs when an alternative will provide equivalent or better information; and (3) A mechanical integrity test consisting of: (a) A pressure test with liquid or gas; and (b) A radioactive tracer survey; and (c) A temperature or noise log; and (d) A casing inspection log, if required by the director; and (e) Any other test required by the director. (B) Whole cores or sidewall cores of the confining and injection zones and formation fluid samples from the injection zone shall be taken. The director may accept cores from nearby wells if the owner or operator can demonstrate that core retrieval is not possible and that such cores are representative of conditions at the well. The director may require the owner or operator to core other formations in the bore hole. (C) The fluid temperature, pH, conductivity, pressure and the static fluid level of the injection zone must be recorded. (D) At a minimum, the owner or operator of a Class I hazardous waste injection well shall submit for review by the director determinations or calculations of the following for the injection and confining zones: (1) Fracture pressure; and (2) Other physical and chemical characteristics of the injection and confining zones; and (3) Physical and chemical characteristics of the formation fluids in the injection zone. (E) Upon completion, but prior to operation, the owner or operator shall conduct the following tests to verify hydrogeologic characteristics of the injection zone: (1) A pump test; or (2) Injectivity tests. (F) The director reserves the right to witness all logging and testing required by this rule. The owner or operator shall submit a schedule of such activities to the director thirty days prior to conducting the initial test.
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
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Rule 3745-34-56 | Operating requirements.
Effective:
December 16, 1991
Promulgated Under:
Ch 119.
(A) Except during stimulation, the owner or operator of a class I injection well shall assure the director in writing, that injection pressure at the wellhead does not exceed a maximum which shall be calculated so as to ensure that the pressure in the injection zone during injection does not initiate new fractures or propagate existing fractures in the injection zone. The owner or operator shall operate a class I injection well such that the injection pressure does not initiate fractures or propagate existing fractures in the confining zone, or cause the movement of injection or formation fluids into a USDW. (B) Injection between the outermost casing protecting USDWs and the well bore is prohibited. (C) The owner or operator of a class I hazardous waste injection well shall maintain an annulus pressure that exceeds the operating injection pressure, unless the director determines that such a requirement might harm the integrity of the well. The fluid in the annulus shall be noncorrosive, or shall contain a corrosion inhibitor. (D) The owner or operator of a class I hazardous waste injection well shall maintain mechanical integrity of the injection well at all times. (E) Permit requirements for owners or operators of hazardous waste wells which inject wastes which have the potential to react with the injection formation to generate gases shall include: (1) Conditions limiting the temperature, pH or acidity of the injected waste; and (2) Procedures necessary to assure that pressure imbalances which might cause a backflow or blowout do not occur. (F) The owner or operator of a class I hazardous waste injection well shall install and use continuous recording devices to monitor the injection pressure; the flow rate, volume, and temperature of injected fluids and the pressure on the annulus between the tubing and the long string casing, and shall install and use: (1) Automatic alarm and automatic shut-off systems, designed to sound and shut-in the well when pressures and flow rates or other parameters approved by the director exceed a range and/or gradient specified in the permit; or (2) Automatic alarms, designed to sound when the pressures and flow rates or other parameters approved by the director exceed a rate and/or gradient specified in the permit, in cases where the owner or operator certifies that a trained operator will be on-site at all times when the well is operating. (G) If an automatic alarm or shutdown is triggered, the owner or operator shall investigate immediately and identify as expeditiously as possible the cause of the alarm or shutoff. If, upon such investigation, the well appears to be lacking mechanical integrity, or if monitoring required under paragraph (F) of this rule otherwise indicates that the well may be lacking mechanical integrity, the owner or operator shall: (1) Immediately cease injection of waste fluids unless authorized by the director to continue or resume injection; and (2) Take all necessary steps to determine the presence or absence of a leak; and (3) Notify the director within twenty-four hours after the alarm or shutdown. (H) In the event that a loss of mechanical integrity is discovered pursuant of this rule or during periodic mechanical integrity testing, the owner or operator shall: (1) Immediately cease injection of waste fluids; and (2) Take all steps reasonably necessary to determine whether there may have been a release of hazardous wastes or hazardous waste constituents into any unauthorized zone; and (3) Notify the director within twenty-four hours after loss of mechanical integrity is discovered; and (4) Notify the director when injection can be expected to resume; and (5) Restore and submit a demonstration of mechanical integrity for approval by the director prior to resuming injection of waste fluids. (I) Whenever the owner or operator of a class I hazardous waste injection well obtains evidence that there may have been a release of injected wastes into an unauthorized zone: (1) The owner or operator shall immediately cease injection of waste fluids, and: (a) Notify the director within twenty-four hours of obtaining such evidence; and (b) Take all necessary steps to identify and characterize the extent of any releases; and (c) Comply with any remediation plan specified by the director; and (d) Where such release is into a USDW currently serving as a water supply, immediately notify the public water system(s) using that USDW and place a notice in a newspaper of general circulation. (2) The director may allow the operator to resume injection prior to completing cleanup action if the owner or operator demonstrates that the injection operation will not endanger USDWs. (J) The owner or operator of a class I hazardous waste injection well shall submit a plan for approval to the director prior to conducting any well work over which requires removal of the injection tubing.
Last updated December 5, 2024 at 10:06 AM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
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Rule 3745-34-57 | Testing and monitoring requirements.
Effective:
December 12, 2024
(A) Testing and monitoring requirements
for all class I injection wells shall include monitoring of the injected wastes
as described in paragraphs (B) to (L) of this rule. (B) The owner or operator of a class I injection well shall
submit a written waste analysis plan to the director for approval that
describes the procedures to be carried out to obtain a detailed chemical and
physical analysis of a representative sample of the injected waste, including
the quality assurance procedures used. The plan shall include the
following: (1) The parameters for
which the waste will be analyzed and the rationale for the selection of these
parameters. (2) The test methods that
will be used to test for these parameters. (3) The sampling method
that will be used to obtain a representative sample of the waste to be
analyzed. (C) The owner or operator of a class I injection well shall
repeat the analysis of the injected wastes as described in the waste analysis
plan at sufficient frequencies to yeild representative data of the injection
fluids characteristics as specified in the waste analysis plan and when process
or operating changes occur that may significantly alter the characteristics of
the waste stream. (D) The owner or operator of a class I injection well shall
conduct continuous or periodic monitoring of selected parameters as may be
required by the director. (E) The owner or operator of a class I injection well shall
assure that the waste analysis plan remains accurate and the analyses remain
representative. (F) The owner or operator of a class I injection well shall
as part of the waste analysis plan submit information demonstrating to the
satisfaction of director that the waste stream and its anticipated reaction
products will not alter the permeability, thickness or other relevant
characteristics of the confining or injection zones such that they would no
longer meet the requirements specified in rule 3745-34-51 of the Administrative
Code. (G) The owner or operator of a class I injection well shall
as part of the waste analysis plan demonstrate that the waste stream will be
compatible with the well materials with which the waste is expected to come
into contact, and submit to the director a description of the methodology used
to make that determination. Compatibility for purposes of this requirement is
established if contact with injected fluids will not cause the well materials
to fail to satisfy any design requirement imposed by rule 3745-34-54 of the
Administrative Code. (H) The owner or operator of a class I hazardous waste
injection well that injects corrosive waste, or any other waste determined by
the director to be potentially interactive with the materials of well
construction, shall continuously monitor for corrosion of the construction
materials used in the well by doing one of the following: (1) Placing coupons of
the well construction materials in contact with the waste stream. (2) Routing the waste
stream through a loop constructed with the material used in the
well. (3) Using an alternative
method approved by the director. (I) The owner or operator of a class I hazardous waste
injection well that injects corrosive waste, or any other waste determined by
the director to be potentially interactive with the materials of well
construction, shall implement a corrosion monitoring program including the
following: (1) Using materials
identical to those used in the construction of the well, and such materials
must be continuously exposed to the operating pressures and temperatures
(measured at the wellhead) and flow rates of the injection
operation. (2) Monitoring the
materials of construction for loss of mass, thickness, cracking, pitting and
other signs of corrosion on a quarterly basis to ensure that the well
components meet the minimum standards for material strength and performance set
forth in rule 3745-34-54 of the Administrative Code. (J) Mechanical integrity testing. The owner or operator of a class I hazardous
waste injection well shall conduct the mechanical integrity testing required by
rule 3745-34-34 of the Administrative Code and approved by the administrator of
U.S. EPA as follows: (1) The long string
casing, injection tube, and annular seal shall be tested by means of a pressure
test approved by the director, utilizing a liquid or gas, annually and whenever
there has been a well work over. (2) On an annual basis
the bottom-hole cement shall be tested by means of a radioactive tracer survey
approved by the director. (3) A temperature, noise,
or other log approved by the director shall be run at least once every three
years to test for movement of fluid along the bore hole. The director may
require such tests whenever the well is worked over. (4) Casing inspection
logs shall be run whenever the owner or operator conducts a workover in which
the injection string is pulled, unless the director waives this requirement due
to well construction or other factors which limit the test's reliability,
or based upon the satisfactory results of a casing inspection log run within
the previous five years. The director may require that a casing inspection log
be run every five years, if he has reason to believe that the integrity of the
long string casing of the well may be adversely affected by naturally occurring
or man-made events. (5) Any other test
approved by the administrator of U.S. EPA and the director in accordance with
the procedures in rule 3745-34-34 of the Administrative Code may also be
used. (K) Monitoring program (1) Based on a site
specific assessment of the potential for fluid movement from the well or
injection zone, and on the potential value of monitoring wells to detect such
movement, the director may require the owner or operator to submit for
approval, a monitoring program plan. The director shall require monitoring of
the pressure buildup in the injection zone annually, including at a minimum, a
shut down of the well for a time sufficient to conduct a valid observation of
the pressure fall-off curve. (2) When prescribing a
monitoring system the director may also require the following: (a) Continuous monitoring for pressure changes in the first
aquifer overlying the confining zones. When such a well or wells is/are
installed, the owner or operator shall, on a quarterly basis, sample the
aquifer and analyze for constituents specified in the approved monitoring
program plan. (b) The use of indirect geophysical techniques to determine
the position of the waste front, the water quality in a formation(s) designated
in the approved monitoring program plan, or to provide other site specific
data. (c) Periodic monitoring of the pressure and ground water
quality in the first permeable zone (that is, a zone from which a
representative sample may be obtained within seventy-two hours) overlying the
injection zone. (d) Periodic monitoring of the ground water quality in the
lowermost USDW. (e) Any additional monitoring necessary to determine
whether fluids are moving into or between USDWs. (L) The director may require the owner or operator of a
class I injection well to submit a seismicity monitoring plan for approval when
the director has reason to believe that injection activity may have the
capacity to cause seismic disturbances.
Last updated December 12, 2024 at 8:10 AM
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Rule 3745-34-58 | Reporting requirements.
Effective:
December 16, 1991
Promulgated Under:
Ch 119.
(A) The owner or operator of a class I hazardous waste injection well shall submit a report to the director each calendar quarter, in writing, including: (1) The maximum injection pressure; and (2) A description of any event that exceeds operating parameters for annulus pressure or injection pressure as specified in the permit; and (3) A description of any event which triggers an alarm or shutdown device required by rule 3745-34-56 of the Administrative Code and the owner or operators response; and (4) The total volume of fluid injected; and (5) Any change in the annular fluid volume; and (6) The physical, chemical and other relevant characteristics of injected fluids; and (7) The results of monitoring required under rule 3745-34-57 of the Administrative Code. (B) The owner or operator of a class I hazardous waste injection well shall report to the director within thirty days or with the next quarterly report whichever comes later, the results of: (1) Periodic tests of mechanical integrity; and (2) Any other test of the injection well conducted by the permittee if required by the director; and (3) Any well work over.
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
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Rule 3745-34-59 | Information to be evaluated by the director.
Effective:
December 12, 2024
(A) For a new class I hazardous waste
injection well, the owner shall submit all information listed in paragraph (B)
of this rule as part of the permit application except for those items of
information which are current, accurate, and available in the existing permit
record. For both existing and new class I hazardous waste injection wells,
certain maps, cross-sections, tabulations of wells within the area of review
and other data may be included in the application by reference provided they
are current and readily available to the director and sufficiently identifiable
to be retrieved. (B) Prior to the issuance of a permit for
an existing class I hazardous waste injection well to operate or the
construction or conversion of a new class I hazardous waste injection well, the
director shall review the following to assure that the requirements of this
chapter are met: (1) Information required
by rules 3745-34-12, 3745-34-13, and 3745-34-14 of the Administrative
Code. (2) A map showing the
injection well for which a permit is sought and the applicable area of review.
Within the area of review, the map shall show the number or name and location
of all producing wells, injection wells, abandoned wells, dry holes, surface
bodies of water, springs, mines (surface and subsurface), quarries, water wells
and other pertinent surface features, including residences and roads. The map
should also show faults, if known or suspected. (3) A tabulation of all
wells within the area of review which penetrate the proposed injection zone or
confining zone. Such data shall include a description of each well's type,
construction, date drilled, location, depth, record of plugging and/or
completion and any additional information the director may
require. (4) The protocol followed
to identify, locate and ascertain the condition of abandoned wells within the
area of review which penetrate the injection or the confining
zones. (5) Maps and
cross-sections indicating the general vertical and lateral limits of all
underground sources of drinking water within the area of review, their position
relative to the injection formation and the direction of water movement, where
known, in each underground source of drinking water which may be affected by
the proposed injection. (6) Maps and
cross-sections detailing the geologic structure of the local area. (7) Maps and
cross-sections illustrating the regional geologic setting. (8) Proposed operating
data: (a) Average and maximum daily rate and volume of the fluid to be
injected. (b) Average and maximum injection pressure and calculation of
proposed maximum injection pressure. (9) Proposed formation
testing program to obtain an analysis of the chemical, physical and
radiological characteristics of and other information on the injection
formation and the confining zone. (10) Proposed stimulation
program. (11) Proposed injection
procedure. (12) Schematic or other
appropriate drawings of the surface and subsurface construction details of the
well. (13) Contingency plans to
cope with all shut-ins or well failures so as to prevent migration of fluids
into any USDW. (14) Plans (including
maps) for meeting monitoring requirements of rule 3745-34-57 of the
Administrative Code. (15) For wells within the
area of review which penetrate the injection zone or the confining zone but are
not properly completed or plugged, the plan and comprehensive schedule for
corrective action to be taken under rule 3745-34-53 of the Administrative
Code. (16) Construction
procedures including a cementing and casing program, well materials
specifications and their life expectancy, logging procedures, deviation checks,
and a drilling, testing and coring program. (17) A certificate that
the applicant has assured, through a performance bond or other appropriate
means, the resources necessary to close, plug or abandon the well and for post
closure care. (C) Prior to the director's granting
approval for the operation of a Class I hazardous waste injection well, the
owner shall submit to the director for review the following information, which
shall be included in the completion report: (1) All available logging
and testing program data on the well. (2) A demonstration of
mechanical integrity pursuant to rule 3745-34-58 of the Administrative
Code. (3) The anticipated
maximum pressure and flow rate at which the permittee will
operate. (4) The results of the
injection zone and confining zone testing program as required in rule
3745-34-60 of the Administrative Code. (5) The actual injection
procedure. (6) The compatibility of
injected waste with fluids in the injection zone and minerals in both the
injection zone and confining zone and with materials used to construct the
well. (7) The calculated area
of review based on data obtained during logging and testing of the well and the
formation, and where necessary revisions to the information submitted under
rule 3745-34-60 of the Administrative Code. (8) The status of
corrective action on wells identified in rule 3745-34-60 of the Administrative
Code. (D) Prior to granting approval for the
plugging and abandonment or closure of a Class I hazardous waste injection
well, the director shall review the information required by rules 3745-34-61
and 3745-34-62 of the Administrative Code. (E) Any permit issued for a Class I
hazardous waste injection well for disposal on the premises where the waste is
generated shall contain a certification by the owner or operator
that: (1) The generator of the
hazardous waste has a program to reduce the volume or quantity and toxicity of
such waste to the degree determined by the generator to be economically
practicable. (2) Injection of the
waste is that practicable method of disposal currently available to the
generator which minimizes the present and future threat to human health and the
environment.
Last updated December 12, 2024 at 8:10 AM
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Rule 3745-34-60 | Closure.
Effective:
December 12, 2024
(A) The owner or operator of a class I
hazardous waste injection well shall prepare, maintain, and comply with a plan
for closure of the well that meets the requirements of this rule, is in
compliance with rule 3745-34-09 of the Administrative Code and is acceptable to
the director. The owner or operator shall implement the approved closure plan
upon termination of a permit or the cessation of injection
activities: (1) The owner or operator
of a class I hazardous waste injection well shall submit the plan as a part of
the permit application and, upon approval by the director, such plan shall be a
condition of any permit issued. (2) The owner or operator
of a class I hazardous waste injection well shall submit any proposed
significant revision to the method of closure reflected in the closure plan for
approval by the director no later than the date on which notice of closure is
required to be submitted to the director under this rule. (3) The closure plan
shall assure continuing financial responsibility as required by rule 3745-34-09
of the Administrative Code. (4) The closure plan
shall include the following information: (a) The type and number of plugs to be used. (b) The placement of each plug including the elevation of the top
and bottom of each plug. (c) The type, grade, and quantity of material to be used in
plugging. (d) The method of placement of the plugs. (e) Any proposed test or measure to be made. (f) The amount, size, and location (by depth) of casing and any
other materials to be left in the well. (g) The method and location where casing is to be parted, if
applicable. (h) The procedure to be used to meet the requirements of this
rule. (i) The estimated cost of closure. (j) Any proposed test or measure to be made. (5) An owner or operator
of a class I hazardous waste injection well who ceases injection temporarily,
may keep the well open provided the owner or operator: (a) Has received prior authorization from the
director. (b) Has submitted a plan to the director, for approval, that the
owner or operator will follow to ensure that the well will not endanger USDWS
during the period of temporary disuse. These actions and procedures shall
include compliance with the technical requirements applicable to active
injection wells unless waived by the director. (6) The owner or operator
of a class I hazardous waste injection well that has ceased operations for more
than two years shall notify the director thirty days prior to resuming
operation of the well. (B) The owner or operator of a class I
hazardous waste injection well shall notify the director at least sixty days
before closure of a well. At the discretion of the director, a shorter notice
period may be allowed. (C) Within sixty days after closure or at
the time of the next quarterly report (whichever is sooner) the owner or
operator of a class I injection well shall submit a closure report to the
director. If the quarterly report is due less than fifteen days after
completion of closure, then the report shall be submitted within sixty days
after closure. The report shall be certified as accurate by the owner or
operator and by the person who performed the closure operation (if other than
the owner or operator). Such report shall consist of either: (1) A statement that the
well as closed in accordance with the closure plan previously submitted and
approved by the director. (2) Where actual closure
differed from the plan previously submitted, a written statement specifying the
differences between the previous plan and the actual closure. (D) Standards for well
closure. (1) Prior to closing a
class I hazardous waste injection well, the owner or operator shall observe and
record the pressure decay for a time specified by the director. The director
shall determine whether the injection activity has conformed with predicted
values by analysis of the pressure decay and the transient pressure
observations conducted pursuant to rule 3745-34-57 of the Administrative
Code. (2) Prior to well
closure, the owner or operator of a class I hazardous waste injection well
shall conduct appropriate mechanical integrity testing to ensure the integrity
of that portion of the long string casing and cement that will be left in the
ground after closure. Testing methods may include: (a) Pressure tests with liquid or gas. (b) Radioactive tracer surveys. (c) Noise, temperature, pipe evaluation, or cement bond
logs. (d) Any other test required by the director. (3) Prior to well
closure, the well shall be flushed with a buffer fluid. (4) Upon closure, a class
I well shall be plugged with cement in a manner that will not allow the
movement of fluids into or between USDWs. (5) Placement of the
cement plugs shall be accomplished by one of the following: (a) The balance method. (b) The dump bailer method. (c) The two-plug method. (d) An alternate method, approved by the director, that
will reliably provide a comparable level of protection. (6) Each plug used shall
be appropriately tagged and tested for seal and stability before closure is
completed. (7) The well to be closed
shall be in a state of static equilibrium with the mud weight equalized top to
bottom, either by circulating the mud in the well at least once or by a
comparable method approved by the director, prior to the placement of one or
more cement plugs.
Last updated December 12, 2024 at 8:10 AM
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Rule 3745-34-61 | Post closure.
Effective:
December 12, 2024
(A) The owner or operator of a Class
I hazardous waste injection well shall prepare, maintain, and comply with a
plan approved by the director for post-closure care that meets the requirements
of this rule and is in compliance with rule 3745-34-09 of the Administrative
Code. The owner or operator shall implement the approved post closure plan upon
termination of a permit or the cessation of injection activities. The
requirement to maintain and implement the approved post-closure plan is
enforceable irrespective of the permit. (B) The owner or operator of a Class
I hazardous waste injection well shall submit the post closure plan as part of
the permit application and, upon approval by the director, such plan shall be a
condition of any permit issued. (C) The owner or operator of a Class
I hazardous waste injection well shall submit any proposed significant revision
to the post closure plan as appropriate over the life of the well, but no later
than the date of the closure report required under rule 3745-34-59 of the
Administrative Code. (D) The post closure plan shall
assure financial responsibility as required by rule 3745-34-62 of the
Administrative Code. (E) The post closure plan shall
include the following information: (1) The pressure in the injection
zone before injection began. (2) The anticipated pressure in the
injection zone at the time of closure. (3) The predicted time until pressure
in the injection zone decays to the point that the well's cone of
influence no longer intersects the base of the lowermost USDW. (4) Predicted position of the waste
front at closure. (5) The status of any cleanups
required under rule 3745-34-53 of the Administrative Code. (6) The estimated cost of proposed
post-closure care. (F) The owner or operator of a Class
I hazardous waste injection well shall: (1) Continue and complete any cleanup
action required under rule 3745-34-53 of the Administrative Code if
applicable. (2) Continue to conduct any ground
water monitoring required under the permit until pressure in the injection zone
decays to the point that the well's cone of influence no longer intersects
the base of the lowermost usdw. (3) Submit a survey plat to the local
zoning authority designated by the director and to the director, indicating the
location of the well relative to permanently surveyed benchmarks. (4) Provide appropriate notification
and information to such state and local authorities as have cognizance over
drilling activities to enable such state and local authorities to impose
appropriate conditions of subsequent drilling activities that may penetrate the
well's confining or injection zone. (5) Retain, for a period of three
years following well closure, records reflecting the nature, composition and
volume of all injected fluids, which will be delivered to the director at the
conclusion of the retention period, and the records shall thereafter be
retained at a location designated by the director for that
purpose. (G) The director may extend the
period of post-closure monitoring upon a finding that the well may endanger a
USDW. (H) Each owner of a Class I hazardous
waste injection well, and the owner of the surface or subsurface property on or
in which a Class I hazardous waste injection well is located, shall record a
notation on the deed to the facility property or on some other instrument which
is normally examined during title search that will, in perpetuity, provide any
potential purchaser of the property with the following
information: (1) The fact that land has been used
to manage hazardous waste. (2) The name of the state agency or
local authority with which the plat was filed, as well as the address of the
regional environmental protection agency office to which it was
submitted. (3) The type and volume of waste
injected, the injection interval or intervals into which it was injected, and
the period over which injection occurred.
Last updated December 12, 2024 at 8:10 AM
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Rule 3745-34-62 | Financial responsibility for closure and post closure care.
Effective:
December 16, 1991
Promulgated Under:
Ch 119.
The owner or operator shall comply with the financial responsibility requirements of rules 3745-55-42 to 3745-55-51 or 3745-66-42 to 3745-66-48 of the Administrative Code.
Last updated October 7, 2024 at 12:01 PM
Supplemental Information
Authorized By:
–
Amplifies:
–
Five Year Review Date:
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Rule 3745-34-63 | Class I annual permit fee; fee per ton of waste injected.
Effective:
February 14, 2021
(A) The owner of a class I injection well
for which the director has issued a permit or renewal of a permit for the
disposal of any hazardous waste identified in or listed under section 3734.12
of the Revised Code or the rules adopted thereunder, and that waste is
generated on the premises where the injection well is located shall pay an
annual permit fee of thirty thousand dollars. Said fee shall be payable by
certified check drawn to the "Director of Environmental Protection -
Underground Injection Control Fund," within thirty days of the issuance of
a permit or renewal of a permit, and annually thereafter during the term of the
permit or renewal of the permit. Annual payment shall be tendered within thirty
days prior to the anniversary date of the issuance of the permit or renewal of
the permit. Failure to timely remit the annual permit fee shall be a violation
of the permit or renewal of the permit, this rule, and section 6111.046 of the
Revised Code. (B) The owner of a class I injection well
for which the director has issued a permit or renewal of a permit for the
injection of any waste other than that identified in paragraph (A) of this
rule, shall pay an annual permit fee of twelve thousand five hundred dollars.
Said fee shall be payable by certified check drawn to the "Director of
Environmental Protection - Underground Injection Control Fund," within
thirty days of the issuance of a permit or renewal of a permit, and annually
thereafter during the term of the permit or renewal of the permit. Annual
payment shall be tendered within thirty days prior to the anniversary date of
the issuance of the permit or renewal of the permit. Failure to timely remit
the annual permit fee shall be a violation of the permit or renewal of the
permit, this rule and section 6111.046 of the Revised Code. (C) The owner of each class I injection
facility shall act as trustee for the state of Ohio and collect a fee of one
dollar per ton of industrial waste or other waste, to a maximum of twenty-five
thousand dollars per year, irrespective of the number of wells at that
facility. The owner or operator shall maintain appropriate records of the
amount of waste injected at the facility. The owner or operator shall remit
said fees payable by certified check drawn to the "Director of
Environmental Protection - Underground Injection Control Fund" within
thirty days prior to the anniversary date of the permit or renewal of the
permit. For facilities where multiple permits are held, for purposes of this
fee, the anniversary date shall be the date of issuance of the permit or the
renewal of the permit closest to January first of the year of issuance. A
penalty of ten per cent of the amount of the fee shall be assessed for each
month of late payment. Failure to remit the appropriate fee shall be a
violation of the permit or renewal of the permit, this rule and section
6111.047 of the Revised Code. (1) This fee does not
apply to the owner of any well injecting hazardous waste as identified or
listed under section 3734.12 of the Revised Code or the rules adopted
thereunder. (2) This fee does not
apply to the owner of an existing well that disposes of naturally occurring
formation fluids extracted during salt mining processes by injection into a
zone consisting of the Oriskany sandstone at depths of not more than one
thousand five hundred feet. (D) Pursuant to section 6111.046 of the
Revised Code, on or about July first of each year, the director shall request,
in writing, that the office of budget and management transfer fifteen per cent
of the money in the "Underground Injection Control Fund" to the
"Geologic Mapping Fund " created in section 1505.09 of the Revised
Code.
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