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Ohio Senate

Lt. Gov Mary Taylor – Ohio’s Common Sense Initiative released its 2012 Mid-Year Report tracking progress

Ohio’s Common Sense Initiative released its 2012 Mid-Year Report tracking progress in creating a regulatory framework that promotes economic development, is transparent and responsive to regulated businesses, makes compliance as easy as possible, and provides predictability for businesses.  The report provides statistics related to the first six months reviewing state rules that impact businesses, including the fact that 55% fewer rules were proposed compared with similar periods in previous years. View 2012 Mid-Year Report on Activities  (report)

ODNR Oil & Gas – Gov. Kasich signs Executive Order 2012-09K – Emergency Rules

Today Gov. John R. Kasich signed Executive Order 2012-09K which authorizes the Chief of the Division of Oil and Gas Resources Management within the Ohio Department of Natural Resources to require additional testing and safeguards as part of the permitting process for an injection well.  The Executive Order is effective immediately.

 The Emergency Amendment of Rules 1501:9-3-06 and 1501:9-3-07 of the Ohio Administrative Code by the Ohio Department of Natural Resources. Division of Oil and Gas Resources Management

 WHEREAS, the increase in oil and gas exploration and production operations will inevitably lead to an increase in underground injection control activity in this state.

WHEREAS, an increase in underground injection control activity requires that the regulations governing the program be updated to provide the greatest degree of citizen protection possible without causing irreparable harm to an industry important to the economy.

WHEREAS, the Division of Oil and Gas Resources Management, within the Department of Natural Resources, has responsibility for overseeing the regulatory process for all underground injection control facilities.

WHEREAS, Section 1509.22 of the Revised Code gives the Chief of the Division authority to promulgate rules regarding the injection into wells of brine and other waste substances obtained from or produced in connection with oil and gas drilling, exploration or production, including tests to evaluate whether fluids may be injected in a reservoir and to determine the maximum allowable injection pressure.

WHEREAS, the Division desires to immediately amend the Ohio Administrative Code, specifically Rules 1501:9-2-06 and 1501:9-3-07, in order to (1) outline the tests that an applicant must satisfy in order to obtain a permit to drill and operate an underground injection control well, (2) state clearly that the chief may withhold authority to inject fluids if the results of required tests are negative, (3) allow the chief to set a graduated maximum allowable injection pressure based upon data obtained throughout the permitting process, (4) allow the chief to require the installation of an automatic shut-off device if the permitted maximum allowable injection pressure is exceeded, and (5) require continuous monitoring of the annulus between the casing and tubing in a well.

WHEREAS, Section 1509.03 of the Revised Code authorizes the Division to promulgate rules in accordance with Chapter 119 of the Revised Code.

WHEREAS, the Division has requested a determination whether an emergency exists that requires the immediate amendment to Rules 1501:9-3-06 and 1501:9-3-07 of the Ohio Administrative Code in order for the Division, pursuant to Sections 1509.22 and 1509.03 of the Ohio Revised Code, to immediately amend those rules to grant the chief authority to require certain testing, and to mandate certain procedures as part of the process of reviewing and issuing a permit for the underground injection of wastes obtained from or produced by oil and gas wells.

NOW THEREFORE, 1, John R. Kasich, Governor of the State of Ohio, have determined, upon the request of the Division of Oil and Gas Resources Management, that an emergency exists requiring the immediate amendment of Rules 150 1:9-3-06 and 1501:9-3-07 of the Ohio Administrative Code by the Division. Further, I hereby order that the procedures prescribed by Section 119.03 of the Ohio Revised Code with respect to the amendment of the specified rules be suspended and the Division he permitted to amend these rules immediately by electronically filing them with the Secretary of State, the Director of the Legislative Services Commission, and the Joint Committee on Agency Rules Review.

Further, I hereby order that this Executive Order be filed in electronic form with the Division, the Secretary of State, the Director of the Legislative Service Commission, and the Joint Committee on Agency Rule Review. I signed this Executive Order on July 10, 2012, in Columbus and it will expire at the end of the ninetieth day it is in effect.

Ohio Senate & House Legislative Session Dates Announced for Remainder of 2012

Senate President Tom Niehaus and Speaker of the House Bill Batchelder announced schedules for the second half of 2012. Unless otherwise notified, Senate sessions start at 1:30 p.m. on Tuesdays and Wednesdays and 11 a.m. on Thursdays while the House meets at 11 a.m. on Tuesdays; 1:30 p.m. on Wednesdays; and 1 p.m. on Thursdays. Dates are subject to change.

 

July

Tuesday, July 31 – Sessions (if needed)

August

Wednesday, August 1 – Sessions (if needed)

Thursday, August 2 – Sessions (if needed)

September

Tuesday, September 11 – Sessions (if needed)

Wednesday, September 12 – Sessions (if needed)

November

Tuesday, November 6 – Election Day

Monday, November 12 – Veterans’ Day observed (StateOffices closed)

Wednesday, November 14 – Sessions

Thursday, November 15 – Sessions

Thursday, November 22 – Thanksgiving (State Offices closed)

Tuesday, November 27 – Sessions

Wednesday, November 28 – Sessions

Thursday, November 29 – Sessions

December

Tuesday, December 4 – Sessions

Wednesday, December 5 – Sessions

Tuesday, December 11 – Sessions

Wednesday, December 12 – Sessions

Thursday, December 13 – Sessions (if needed)

Tuesday, December 18 – Sessions (if needed)

Wednesday, December 19 – Sessions (if needed)

Tuesday, December 25 – Christmas (State Offices closed) 

On August 1, 2012 rules will become effective regarding the Department of Natural Resources, Oil and Gas Resources Management Division

The Ohio Department of Natural Resources Division of Oil And Gas: Shale-Oil-Gas Drilling  - On August 1, 2012 rules will become effective regarding the Department of Natural Resources, Division of Mineral Resources Management: Oil and Gas. Ohio Administrative Code rules 1501:9-1-01 and 1501:9-1-02 were amended and new rules promulgated regarding Well Construction and Industry Standards (OAC 1501:9-1-08 and 1501:9-12-01).  Since the final filing of these rules on May 29, 2012, the Ohio House and Senate passed Senate Bill 315 Ohio’s Energy Policy. Governor Kasich signed S.B. 315 on June 11, 2012.  S.B.315 sets forth the Ohio Revised Code provisions for implementing the much debated “state regulations” for the Ohio Shale-Vertical-Horizontal Oil and Gas Drilling framework  Over the next few month, additional regulations will be developed to fully implement the guidelines provided in the legislation. 

S.B. 315 in R.C. 1509.22 requires the Chief of the ODNR to adopt rules concerning the quarterly submission by the owner of an injection well to the ODNR concerning each shipment of brine or other waste substances received by the owner for injection into the well, and information concerning brine and other waste substance from a registered brine transporter prior to the injection of the transported brine or other waste substance.  The ODNR is also authorized to adopt rules to establish the total depth of a well for which an oil and gas injection well permit has been applied for or issued, and establish requirements and procedures to protect public health and safety.  These are just a few of the guidelines for regulations set forth by the Ohio General Assembly in S.B. 315.  The General Assembly authorized the Chief to issue an order to the owner of an injection well that is already in existence on the ACT’s effective date to make changes in the operation of the injection well in order to correct problems or address safety concerns. 

Other ODNR activities on the regulation side included a release earlier this spring in March regarding Wells/Water Sources Withdrawal.  The ODNR released a fact sheet and forms to assist companies through the process since many of the new laws and regulations were still being discussed. ODNR stated that “in most cases, between two and six million gallons of water are needed to complete hydraulic fracturing on a Marcellus or Utica shale well.” To assist oil and gas drilling companies with understanding the regulations governing withdrawal and use of water in Ohio, the ODNR in late March released the ODNR Water Withdrawal Regulations for Oil and Gas Drilling Fact Sheet http://www.dnr.state.oh.us/Portals/7/pubs/pdfs/fctsht68.pdf   In April, the ODNR released State of Ohio Water Withdrawal Facilities Registration Form http://www.dnr.state.oh.us/portals/7/pubs/forms/wwforms.pdf .  Additionally, in April the ODNR released instructions for Temporary Water Withdrawal Facilities Registration For Construction Dewatering which relates only for construction dewatering operations lasting 90 days or less http://www.dnr.state.oh.us/portals/7/pubs/forms/wwtempfrm.pdf

Ohio’s New Rules for Brine Disposal

Ohio’s oil and gas regulators announced new environmentally responsible standards for transporting and disposing of brine, a by-product of oil and natural gas hydraulic fracturing. The new regulatory framework makes Ohio’s rules for brine monitoring and disposal among the nation’s toughest. The new safeguards: prohibit any new wells to be drilled into the Precambrian basement rock formation; mandate operators submit extensive geological data before drilling; and implement state-of-the-art pressure and volume monitoring devices including automatic shut-off switches and electronic data recorders. In addition, ODNR will require that brine haulers install electronic transponders to ensure “cradle to grave” monitoring of all shipments. 

“Ohio has developed a new set of regulatory standards that positions the state as a national leader in safe and environmentally responsible brine disposal,” said ODNR Director James Zehringer. “Ohioans demand smart environmental safeguards that protect our environment and promote public health. These new standards accomplish this goal.”

The new safeguards will be added to Ohio’s existing disposal well regulatory framework. The regulations will apply to new Class II disposal well permit applications and to existing disposal wells, if applicable. Ohio regulates Class II disposal wells on behalf of the U.S. EPA. In 1983, the U.S. EPA gave Ohio regulatory authority over its Underground Injection Control program because the state’s disposal well regulations met or exceeded U.S. EPA standards.

The comprehensive list of proposed new regulations includes:
·         Requires a review of existing geologic data for known faulted areas within the state and a prohibition on locating new Class II disposal wells within these areas;
·         Requires a complete suite of geophysical logs (including, at a minimum, gamma ray, compensated density-neutron, and resistivity logs) to be run on newly drilled Class II disposal wells. A copy of the completed log, with analytical interpretation, will be submitted to ODNR;
·         Authority for ODNR to require the plugging with cement of wells penetrating into the Precambrian basement rock and prohibiting injection into the Precambrian basement rock;
·         Requires the submission, at time of permit application, of any information available concerning the existence of known geological faults within a specified distance of the proposed well location, and submission of a plan for monitoring any seismic activity that may occur;
·         Evaluates the potential for conducting seismic surveys;
·         Requires a measurement or calculation of original down hole reservoir pressure prior to initial injection;
·         Requires conducting a step-rate injection test to establish formation parting pressure and injection rates;
·         Requires the installation of a continuous pressure monitoring system, with results being electronically available to ODNR for review;
·         Requires the installation of an automatic shut-off system set to operate if the fluid injection pressure exceeds a maximum level to be set by ODNR; and
·         Requires the installation of an electronic data recording system for purposes of tracking all fluids brought by a brine transporter for injection.

All of the reforms will be considered during the permitting process for new Class II disposal wells and will be implemented as attached permit conditions until they are either codified in law or written into administrative rule, which carries the weight of law.

State of Ohio Launches Public Notice Website

Ohio state and local government entities required by the Ohio Revised Code to publish public notices multiple times in a newspaper are able to reduce their costs by using the State Public Notice website, found at PublicNotice.Ohio.gov. The public will be able to search for and browse public notices for free, and there is no charge for state and local governments to post notices to the site.

“The site has the potential to pull together bid notices from more than 3,900 local governments and schools, making searches simpler for businesses pursuing government contracts which should increase the number of bidders for projects, further increasing savings for taxpayers,” said Randy Cole, president of the state’s controlling board, which handles certain adjustments needed to the state budget.

The site was created by the Ohio Department of Administrative Services’ Office of Information Technology as a result of the most recent state budget bill. New Ohio Revised Code section 7.16 allows a state agency or political subdivision, after initially publishing the notice in full in a general circulation newspaper, to subsequently publish an “abbreviated” notice in the newspaper if the notice directs the public to the full notice on the state public notice website.

Apportionment Board Files Newly Proposed Ohio House and Senate Districts

Apportionment Board Joint Secretaries Ray DiRossi and Heather Mann Filed with the Ohio Secretary of State the Newly Proposed Ohio House and Senate Districts. Maps and descriptions are on the Secretary of State’s Website.  The Apportionment Board will hold a hearing Monday, September 26, 2011 to hear testimony on the plan.  Action on the new districts is expected to finalized later in the week. The Apportionment Board consists of the Governor, Secretary of State, State Auditor, and two members of the Legislature.  Every ten years after the U.S. Census, the Apportionment Board is required to update General Assembly districts.

Ohio Legislature Sends H.B. 319 New Congressional Districts Legislation to Governor Kasich

09/21/2011 – Wednesday, the Ohio Senate passed H.B. 319 New Congressional Districts with a 24-7 vote. Shortly, thereafter, the Ohio House voted to concur on the consideration of Senate Amendments with a 60-35 vote.   During the Senate deliberations, members added an appropriation of $2.75 million to H.B. 319, which is to help local county Boards of Election prepare for new congressional districts.   The Text of HB319 .

Proposed New Ohio Congressional Maps Released Today

Proposed New Ohio Congressional Maps Released Today.   2011 Proposed Ohio Congressional MAP 

The proposed new maps were released during the House State Government & Elections Committee.  Notable changes include combining the Districts of U.S. Representatives Steve Austria a Republican from Beavercreek and Mike Turner a Republican from Centerville as well as district of U.S. Representatives Marcy Kaptur a Democrat from Toledo and Dennis Kucinich a Democrat from Cleveland.  Ohio is lossing two congressional seats because of population shifts.

HB319 CONGRESSIONAL REDISTRICTING Introduced in the Ohio House and referred to House State Government & Elections Committee

HB 319  CONGRESSIONAL REDISTRICTING Introduced in the Ohio House and referred to House State Government & Elections Committee - To establish Congressional district boundaries for the state based on the 2010 decennial census of Ohio. En. 3521.01 and to repeal section 3521.01 http://www.legislature.state.oh.us/BillText129/129_HB_319_I_Y.pdf

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