Ohio Administrative Code Title 4161 - Underground Gas Storage Board of Review

Ohio Administrative Code Title 4161 - Underground Gas Storage Board of Review

Title 4161 of the Ohio Administrative Code (OAC) governs the Underground Gas Storage Board of Review, which is a regulatory body established to oversee and manage the operation of underground gas storage facilities in Ohio. These facilities are used for the storage of natural gas, and the board’s main responsibility is to ensure that these facilities operate in compliance with state laws, safety standards, and environmental regulations.

1. Purpose of the Underground Gas Storage Board of Review

The Underground Gas Storage Board of Review is primarily tasked with overseeing the safety and environmental concerns associated with underground natural gas storage operations. The board’s purpose includes:

Regulating Operations: Ensuring that the storage of natural gas underground is carried out safely, minimizing risks to the environment and the public.

Granting Permits: Issuing permits for the construction and operation of underground gas storage facilities.

Monitoring Compliance: Monitoring the operation of these storage facilities to ensure compliance with safety and environmental regulations.

Resolving Disputes: Addressing conflicts or disputes regarding the operation of gas storage facilities, including violations of regulations or disputes between facility operators and other stakeholders.

2. Functions of the Underground Gas Storage Board of Review

A. Issuance of Permits

The board reviews applications for permits to establish or operate underground gas storage facilities. This involves evaluating:

Safety Measures: Ensuring that the applicant’s proposal includes proper safety protocols to prevent leaks, explosions, or environmental damage.

Environmental Considerations: Verifying that the site complies with environmental regulations to prevent contamination of groundwater or soil from gas leaks or other accidents.

Public Safety: Reviewing the proximity of the proposed facility to residential areas, schools, or other public spaces to assess potential risks.

B. Inspection and Monitoring

The board works with state agencies to conduct inspections of gas storage facilities to ensure they comply with safety and environmental standards. Inspections can include:

Pressure Testing: Ensuring that the underground storage system is structurally sound and can safely withstand the pressure of stored gas.

Leak Detection: Regular checks to detect any leaks of natural gas, which could pose a safety risk or environmental hazard.

Safety Equipment: Verifying that the facility has adequate safety systems in place, such as emergency shutoff valves and gas detection equipment.

C. Enforcement of Safety Standards

If a facility fails to meet regulatory standards or if an accident occurs, the board has the authority to:

Issue Violations: The board can issue fines or penalties for non-compliance with safety or operational regulations.

Suspend or Revoke Permits: In cases of severe safety violations or repeated non-compliance, the board may suspend or revoke the operating permits of a facility.

D. Addressing Public and Environmental Concerns

The board serves as a mediator between gas storage operators and the public. This can include:

Community Concerns: Addressing complaints from nearby residents or local governments about safety issues, odors, or other concerns related to gas storage operations.

Environmental Impact: Ensuring that gas storage facilities are not causing environmental harm, such as contaminating local water supplies or affecting local wildlife.

3. Regulatory and Legal Oversight

A. Legal Authority

The Underground Gas Storage Board of Review operates under the authority granted by Ohio’s Revised Code and Administrative Code. The board’s functions, decisions, and operations are subject to state laws, including:

Ohio Revised Code (ORC) Chapter 1509: Pertains to the regulation of oil and gas operations, including gas storage.

Ohio Administrative Code: Title 4161 specifically outlines how the Board of Review conducts its operations, handles applications, issues permits, conducts inspections, and enforces safety standards.

B. Collaboration with Other Agencies

Ohio Department of Natural Resources (ODNR): The ODNR works closely with the board to implement regulations concerning the drilling and storage of natural gas.

Environmental Protection Agency (EPA): The board ensures that gas storage facilities comply with environmental regulations, often coordinating with the EPA to address environmental hazards.

Local Authorities: Local governments may be consulted on issues related to the location of gas storage facilities and any potential impacts on the local community.

4. Appeals and Dispute Resolution

In cases where an applicant, operator, or other interested party disagrees with a decision made by the Underground Gas Storage Board of Review (e.g., permit denial, fines, or safety violations), the following processes may be in place:

Formal Appeals: Affected parties can appeal decisions made by the board, such as permit denials or penalties, through a formal process outlined in Title 4161.

Public Hearings: The board may hold public hearings to allow stakeholders, including community members, environmental groups, and gas storage operators, to voice their concerns and provide input on specific issues.

Mediation or Settlement: The board may also facilitate mediation between parties to resolve disputes without the need for litigation.

5. Safety and Environmental Regulations

A. Safety Standards

Title 4161 establishes various safety standards for underground gas storage operations, which may include:

Gas Storage Pressure Limits: Ensuring that gas is stored at pressures that are safe for both the environment and the integrity of the storage system.

Monitoring and Emergency Systems: Requiring gas storage facilities to have monitoring systems in place to detect leaks or other issues, as well as emergency response systems in case of accidents.

B. Environmental Protection

Contamination Prevention: Preventing the leakage of natural gas into the surrounding environment, particularly groundwater, which could pose a contamination risk.

Waste Management: Ensuring that any byproducts or waste generated by the gas storage operations are properly handled and disposed of in compliance with environmental standards.

6. Public and Community Involvement

The board recognizes the importance of public input in the regulation of underground gas storage facilities:

Community Outreach: Holding public meetings or hearings to inform and engage local communities about proposed gas storage facilities.

Risk Communication: Providing information about the risks associated with underground gas storage, including emergency procedures, environmental safety measures, and potential health impacts.

7. Operational and Financial Requirements

A. Financial Assurance

The Underground Gas Storage Board may require operators to provide financial assurance (e.g., insurance, bonds) to cover potential costs related to accidents, environmental damage, or facility closure.

B. Reporting Requirements

Gas storage operators are typically required to submit regular reports to the board, detailing their operations, safety protocols, and compliance with regulatory requirements.

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