• Governor Authorizes Adoption of Rules to Create Notification Procedures for Oil and Gas Emergencies
  • September 12, 2016 | Author: Joseph Michael Muska
  • Law Firm: McDonald Hopkins LLC - Cleveland Office
  • Ohio Gov. John Kasich recently signed an executive order that makes it easier for state agencies to respond to emergency oilfield incidents. Executive Order 2016-04K authorizes the adoption of rules by the Ohio Department of Natural Resources (ODNR) to create an emergency notification process for certain types of oil and gas related emergencies, like the release of natural gas, oil, or brine at wells, sites or production facilities in Ohio. Under these rules, certain types of emergencies must be reported to the Division of Oil and Gas Resources Management of the ODNR (DOGRM). Specifically, the “rules establish standards for notifying the DOGRM when specific types of oilfield incidents occur.

    The proposed rules apply to all owners and all persons to whom an order or permit, or a registration certificate, or other approval has been issued authorizing an activity regulated under Revised Code Chapter 1509 or Division 1501:9 of the Administrative Code. The proposed rules apply to owners or operators of the following types of activities/operations:
    1. Oil and gas wells;
    2. Gas storage wells;
    3. Production and gathering lines;
    4. Horizontal well sites;
    5. Class II brine injection wells (disposal and enhanced recovery);
    6. Brine transportation;
    7. Salt solution mining wells and facilities;
    8. Locally authorized spreading of brine for dust or ice control; and
    9. Facilities for temporary storage, processing, treatment, or recycling of brine and other oilfield wastes.
    The rules do not apply to solid waste transporters, or owners of natural gas transmission lines, oil and gas midstream or downstream operations that are permitted and regulated by other agencies, and subject to other release notification requirements. You can refer to the full Executive Summary for more summary information.

    The ODNR has 120 days to formally adopt the Incident Notification Rule. The draft Incident Notification Rule is available on the ODNR’s website.