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