reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 10 - Oil And Gas Conservation › Subchapter 9 - Commercial Disposal Facilities › Section 165:10-9-3 - Commercial disposal well surface facilities

Current through Vol. 41, No. 20, July 1, 2024
(a)
Scope.
This Section shall
				apply to the surface facilities of any commercial disposal well. Any pit sought
				to be approved pursuant to this Section will require a permit. The operator of
				the proposed pit shall submit Form 1014 to the appropriate Conservation
				Division District Office for review and approval.
(b)
Notice.
(1)
Notice of application.
Notice of the application for a permit for a pit with a capacity in excess of
				50,000 barrels shall be published one time in a newspaper of general
				circulation in Oklahoma County, Oklahoma, and in a newspaper of general
				circulation published in each county in which the subject lands are located.
				The notice shall include the following information:
(A) The name, physical mailing address,
				telephone number, electronic mail address and facsimile number of the applicant
				or its representative, whom anyone may contact for additional information
				concerning the application.
(B) The
				location of the proposed pit to the nearest 40 acre tract.
(C) The capacity of the proposed
				pit.
(D) The type of fluids to be
				stored in the proposed pit.
(E) The
				notice must also include the following language:
(i) Written protests to the relief sought
				must be submitted to the applicant or its representative and to the Manager of
				the Field Operations Department, Oklahoma Corporation Commission, P.O. Box
				52000, Oklahoma City, OK, 73152-2000, within fifteen (15) days after
				publication of the notice. Written protests must specify the name of the
				applicant, location of the proposed pit, reasons for protest, and the name(s),
				physical mailing address(es), telephone number(s), electronic mail address(es)
				and facsimile number(s) of the protestant(s).
(ii) If there are no written protests to the
				application and the Commission does not require a hearing, the application
				shall be presented to the Manager of the Field Operations Department for
				administrative review without a hearing, and if the application is protested,
				then any protestants shall receive notice of hearing.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 10 - Oil And Gas Conservation › Subchapter 10 - Brownfield Program › Section 165:10-10-1 - Purpose, authority and applicability

Current through Vol. 41, No. 20, July 1, 2024
(a)
Purpose.
The purpose of the
				Brownfield program is to provide for the safe reuse of Brownfield properties
				and provide a mechanism for landowners to resolve or manage their environmental
				liability to the government.
(b)
Authority.
The Brownfield Program implemented under Okla. Stat.
				Tit. 27A §§1-3-101(E)(1)(j), 1-3-101 (E)(2) and 1-3-101 (E)(5); Okla.
				Stat. Tit. 17 §§52(A)(1)(j), 52(A)(2) and 52(A)(5) and Okla. Stat.
				Tit. 52 §§139(B)(1)(j), 139(B)(2) and 139(B)(5), as authorized and
				funded by the federal Environmental Protection Agency (EPA).
(c)
Applicability.
Any person
				who qualifies under OAC
				165:10-10-2
				and
				165:10-10-4
				may participate in the Brownfield program and receive a Certificate of
				Completion or a Certificate of No Action Necessary upon successful completion
				of the Brownfield process.
Added at 25 Ok Reg 2187,
				  eff 7-11-08
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 10 - Oil And Gas Conservation › Subchapter 10 - Brownfield Program › Section 165:10-10-2 - Brownfield defined

Current through Vol. 41, No. 20, July 1, 2024
(a) A "Brownfield"
				is a real property (site) where expansion, redevelopment, normal use or reuse
				may be complicated by the presence or potential presence of a deleterious
				substance, pollutant, or contaminant. This includes land that is contaminated
				by petroleum, petroleum products, and related wastes, including crude,
				condensate, gasoline and diesel fuel, produced water/brine, glycol and/or
				drilling mud. A proposed Brownfield site is a defined area; it does not need to
				be the entire property or lease.
(b) Sites excluded from program participation
				are:
(1) Sites controlled by responsible
				parties (RPs);
(2) Sites listed on
				the National Priorities List (NPL) maintained by EPA;
(3) Sites subject to order or consent decree
				under the Comprehensive Environmental Response, Compensation, and Liability Act
				(CERCLA), commonly known as Superfund;
(4) Sites permitted under certain federal
				programs including the Resource Conservation and Recovery Act (RCRA), CERCLA,
				the Toxic Substances Control Act (TSCA), or the Safe Drinking Water Act
				(SDWA);
(5) Sites owned or under
				the control of the federal government;
(6) Portions of sites with PCB
				(polychlorinated biphenyls) pollution subject to remediation under TSCA;
(7) Portions of facilities with an
				approved or ongoing federal Leaking Underground Storage Tank (LUST) Fund
				remediation; however the Oklahoma Petroleum Storage Tank (PST) Indemnity fund
				is potentially available for assessing and corrective action and/or remediation
				efforts of newly listed PST Brownfield sites in Oklahoma.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 10 - Oil And Gas Conservation › Subchapter 10 - Brownfield Program › Section 165:10-10-3 - Administration and enforcement of rules

Current through Vol. 41, No. 20, July 1, 2024
(a) The Manager of Pollution Abatement and
				the Brownfield program staff shall supervise and coordinate the administration
				and enforcement of the rules of this Subchapter under the direction of the
				Director of Oil and Gas Conservation and the Commission.
(b) The primary goal of the implementation of
				Brownfield site assessments and remediation projects shall be the protection
				and/or restoration of the beneficial use of the land, the soil and any surface
				or subsurface waters of the State adversely impacted or impaired by pollution
				from a Commission regulated Brownfield site.
(c) Site assessments and remediation projects
				conducted under the supervision and coordination of the Manager of Pollution
				Abatement and/or Pollution Abatement/Brownfield staff shall adhere to the
				general practices appearing in the Oil and Gas Conservation Division's Guardian
				Guidance document for petroleum and produced water site assessment and
				remediation oversight, enforcement, approval and verification including the
				Guidelines and Numerical Criteria for New or Historic Produced Water/Brine
				Spills.
(d) Applicant may request in
				writing, and the Manager of Pollution Abatement may grant, an administrative
				exception to a Commission Brownfield rule if applicant can demonstrate that:
(1) Requirements in pertinent state laws and
				federal Brownfield rules and laws are still met, and
(2) The exception will protect human health,
				safety and the environment and the beneficial use of the land at least as well
				as strict adherence to the Commission Brownfield rule.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 10 - Oil And Gas Conservation › Subchapter 10 - Brownfield Program › Section 165:10-10-4 - Determination of Brownfield eligibility

Current through Vol. 41, No. 20, July 1, 2024
(a)
Applicant eligibility.
An
				applicant may be any non-responsible party (non-RP) including:
(1) The legal owner in fee simple, the tenant
				or lessee of the property, or a person who has a written firm option to
				purchase or operate the property at the time the application is filed and who
				has the ability to implement a redevelopment proposal, if needed, once site
				assessment and/or remediation is complete;
(2) Any person who acquired the ownership,
				operation, management, or control of the site through foreclosure or under the
				terms of a bona fide security interest in a mortgage or lien on, or an
				extension of credit for the property, or foreclosed on the property, or
				received an assignment or deed instead of foreclosure or some other indicia of
				ownership and thereby becomes the owner of the property;
(3) An agency, non-profit organization or
				other entity who chooses to clean up or otherwise rehabilitate a property for
				the owner or tenant in order for it to be returned to productive use or become
				green space;
(4) The Oklahoma Energy
				Resources Board (OERB), regarding sites in its surface restoration program
				which meet the definition of a Brownfield property appearing in OAC
				165:10-10-2. There is no
				requirement that OERB sites be designated as Brownfield sites, or
(5) A non-RP who wishes to restore property
				for a potential or known RP. If an entity that is not the RP wants to apply to
				the Brownfield program and is accepted and completes the process, such a site
				would be granted limited liability protection for the non-RP. The RP will not
				be granted any form of liability protection through the Brownfield
				program.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 10 - Oil And Gas Conservation › Subchapter 10 - Brownfield Program › Section 165:10-10-5 - The Commission's Brownfield program process

Current through Vol. 41, No. 20, July 1, 2024
(a)
Pre-application informational
				exchange.
The applicant may want to consider a pre- application
				conference by telephone, e-mail, mail, or in person with Brownfield staff.
				During the pre-application conference the applicant will be advised about what
				information is necessary in order for Brownfield staff to determine whether the
				applicant and the applicant's site are eligible for the Brownfield
				program.
(b)
Brownfield
				eligibility determination.
All applicants and properties must meet
				federal and state Brownfield eligibility requirements. Commission standards and
				practices in effect at the time the application is filed will also be
				considered in determining whether eligibility requirements have been
				satisfied.
(c)
Brownfield
				program application.
(1) Applicants
				for the Brownfield program, except for sites submitted by Commission field
				inspectors, will be required to submit an Application for Brownfield Applicant
				Eligibility form, an Application for Brownfield Program Enrollment form, a
				Consent to Entry form, and any required documentation to show they are
				eligible.
(2) The OERB Voluntary
				Environmental Program has sole discretion in determining whether it is to apply
				to the Commission's Brownfield program regarding abandoned exploration and
				production (E & P) sites which have been submitted to the OERB for
				consideration under its program which is limited to surface restoration. The
				site must meet the definition of a Brownfield property in OAC
				165:10-10-2.
(3) When a non-RP wants to apply to remediate
				a property under the Brownfield program, the applicant must certify by
				affidavit that it owns the property or has a current lease or easement which is
				given to accomplish the remediation, or if it does not, has provided legal
				notice to the property owner of applicant's desire to remediate the
				site.
(4) Applicant must notify the
				Brownfield staff in writing of any litigation the Applicant has knowledge of
				concerning the site which has concluded or is pending, and any information
				concerning outstanding judgments, liens, tax levies, etc. filed of record at
				the time the application is filed or which is filed after applicant submits its
				application to the Commission and prior to final Commission action regarding
				the site.
(5) Completed applications
				must be sent to the following address: Oklahoma Corporation Commission, Oil and
				Gas Conservation Division, Brownfield Program, P.O. Box 52000, Oklahoma City,
				OK 73152-2000 and/or submitted electronically to Brownfield
				staff.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 10 - Oil And Gas Conservation › Subchapter 10 - Brownfield Program › Section 165:10-10-7 - The Commission's Brownfield site list

Current through Vol. 41, No. 20, July 1, 2024
(a) The Commission is required by federal
				statutes to maintain a current list of every site which has qualified as a
				Brownfield site, including those sites on which work has been completed. The
				list shall be made available to the public upon request.
(b) Each site on the Brownfield sites list
				will include:
(1) Site name;
(2) Address or legal description of the
				site;
(3) Town, city, and county of
				the site.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 10 - Oil And Gas Conservation › Subchapter 10 - Brownfield Program › Section 165:10-10-8 - Processing of Brownfields application [Revoked]

Current through Vol. 41, No. 20, July 1, 2024
Added at 25 Ok Reg 2187,
				  eff 7-11-08
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 10 - Oil And Gas Conservation › Subchapter 10 - Brownfield Program › Section 165:10-10-9 - Assessment and remediation of site

Current through Vol. 41, No. 20, July 1, 2024
(a)
Qualifications.
All Brownfield assessment and remediation projects
				will be overseen by a qualified environmental professional, defined by EPA as
				someone who possesses sufficient specific education, training, and experience
				necessary to exercise professional judgment to develop opinions and conclusions
				regarding conditions indicative of releases or threatened releases of
				deleterious substances on, at, in, or to a property, sufficient to meet the
				objectives and performance factors of the EPA's All Appropriate Inquiries rule
				( 40 CFR Part 312 ) and ASTM E1527-21. Qualified environmental professionals
				must have one of the following:
(1) A state
				or tribal issued certification or license (including Professional Engineer,
				Professional Geologist, and PST Division of the Corporation Commission licensed
				Remediation Consultant) and three years of relevant full-time work experience;
				or
(2) A Baccalaureate or higher
				degree in science or engineering, including geologists as defined in 25 O.S.
				§ 35 and engineers as defined in 59 O.S. § 475.1 et seq., and five
				years of relevant full-time work experience; or
(3) Ten years of relevant full-time work
				experience.
(4) Individuals who do
				not meet the above requirements must work under the supervision or responsible
				charge of an individual who meets the requirements for an environmental
				professional.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 10 - Oil And Gas Conservation › Subchapter 10 - Brownfield Program › Section 165:10-10-10 - Notice

Current through Vol. 41, No. 20, July 1, 2024
(a)
Public
				notice.
Public notice is necessary for remediation sites (Phase II sites
				requiring remediation or cleanup). The applicant must provide public notice
				that its proposal regarding the site is ready for public review. The notice
				must be published one time in newspapers of general circulation published in
				Oklahoma County, Oklahoma, and in a newspaper of general circulation published
				in each county where the lands that are the subject of the application are
				located. The applicant shall also submit the notice to the Brownfield staff for
				posting on the Commission's website. The notice must contain the:
(1) Name and address of the location where
				the application and related documentation, including any proposed remediation
				plan, may be reviewed, in addition to the days of the week and hours during
				which such information may be reviewed;
(2) Applicant's name, mailing address,
				telephone number, email address and contact person, as well as the Commission's
				mailing address and a telephone number and email address of a contact person at
				the Commission;
(3) Name, address
				and legal description of the Brownfield site;
(4) Purpose of the notice;
(5) Description of the proposed cleanup,
				monitored natural attenuation, institutional control, and/or other remedial
				action being sought;
(6) Other
				pertinent information required by Brownfield staff and rules;
(7) Other information the applicant may deem
				relevant; and
(8) Time period of at
				least thirty (30) days after the notice is published for the submission of
				written public comments and written requests for a public meeting regarding the
				site, in addition to the mailing address and e-mail address to which public
				comments and requests for public meetings can be sent, the name of a contact
				person and any facsimile numbers, if available. The notice must also provide
				that any written public comments and requests for a public meeting are to be
				sent to the Oklahoma Corporation Commission, Oil and Gas Conservation Division,
				Brownfield Program, P.O. Box 52000, Oklahoma City, Oklahoma, 73152-2000 and/or
				sent electronically to Brownfield staff.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 10 - Oil And Gas Conservation › Subchapter 10 - Brownfield Program › Section 165:10-10-11 - Public meetings and public comments

Current through Vol. 41, No. 20, July 1, 2024
(a) The format for each public meeting will
				be established by the Commission's Brownfield staff or its Public Information
				Staff, and the Commission's Brownfield staff or its Public Information Staff
				will moderate each public meeting;
(b) The moderator may set reasonable time
				limits for speakers, and the moderator may extend the time for public comment
				at the conclusion of the public meeting;
(c) Anyone may provide public comments or
				submit a written statement and data regarding the remediation proposal at any
				public meeting;
(d) The applicant
				or its representative must be available at each public meeting in order to
				answer questions;
(e) If the
				Commission receives no request for a public meeting, and the Commission deems
				no public meeting necessary, and no public comments are received, then the
				Commission will proceed with the applicable determination; and
(f) If the Commission receives public
				comments, the appropriate Brownfield staff will prepare a written response to
				such comments within sixty (60) days after the close of the comment
				period.
Added at 25 Ok Reg 2187,
				  eff 7-11-08
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 10 - Oil And Gas Conservation › Subchapter 10 - Brownfield Program › Section 165:10-10-12 - Closures of Brownfield sites

Current through Vol. 41, No. 20, July 1, 2024
(a)
Final surface remediation
				confirmation.
(1) A qualified
				environmental professional for the applicant and/or theBrownfield, other Oil
				& Gas, or PST staff of the Commission, or the OERB, if such entity is
				involved with the site, will perform a closure survey, which may include but is
				not limited to visual observations and sampling the soil, surface water and/or
				groundwater at the site to confirm the project is completed and the property is
				ready for its proposed use; and
(2)
				The results of the closure survey, including any soil, surface water and/or
				groundwater sample results, must be submitted to appropriate Commission and
				Brownfield staff, and the appropriate regulatory program will confirm if
				cleanup standards have been met.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 10 - Oil And Gas Conservation › Subchapter 10 - Brownfield Program › Section 165:10-10-13 - Commission Brownfield certificates issued

Current through Vol. 41, No. 20, July 1, 2024
(a) A "No Action Necessary" Certificate shall
				be issued to applicant by the Commission when the Commission has made such
				determination.
(b) A "Certificate
				of Completion" will be issued by the Commission for remediated sites after the
				closure survey of the site and review of the project has been approved by the
				Commission.
(c) The Certificates
				will state whether or not any continuing care of structural institutional
				controls, or any long term monitoring of the site, is to occur after issuance
				of any Certificate.
(d) All
				Brownfield Certificates issued by the Commission must be filed by the applicant
				in the office of the county clerk in the county where the Brownfield site is
				located. The Applicant is required to provide a copy of the Certificate
				reflecting that it has been recorded with the county clerk's office both to the
				landowner of the subject site and to the Brownfield staff within thirty (30)
				days after the Certificate has been filed.
(e) Applicant's submission of any false or
				materially misleading information to the Commission in conjunction with its
				application shall render voidable any of the Certificates discussed
				above.
Added at 25 Ok Reg 2187,
				  eff 7-11-08
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 10 - Oil And Gas Conservation › Subchapter 10 - Brownfield Program › Section 165:10-10-14 - Responsible party closures (for remedial actions)

Current through Vol. 41, No. 20, July 1, 2024
An RP that is legally responsible for the remediation of the
				  pollution at a site is not eligible for the Commission's Brownfield Program,
				  but can request that a standard case closed letter be issued by the appropriate
				  Commission Department reflecting that the necessary work at the site has been
				  completed and that the case has been closed by such
				  Department.
Added at 25 Ok Reg 2187,
				  eff 7-11-08
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 10 - Oil And Gas Conservation › Subchapter 11 - Plugging and Abandonment › Section 165:10-11-1 - License for pulling casing and plugging wells

Current through Vol. 41, No. 20, July 1, 2024
(a) No person
				shall contract to pull casing or plug oil, gas, injection, disposal, or other
				service wells, or contract to salvage casing therefrom, or purchase wells for
				the purpose of salvaging casing therefrom until a license has been secured from
				the Commission. The application on Form 1055 for such license must include :
(1) The name, business address, business
				telephone number, business email address, and business facsimile number of the
				applicant.
(2) The names, business
				addresses, business telephone numbers, business email addresses, and business
				facsimile numbers of all partners, officers, directors, or principals if the
				applicant is a partnership, corporation, limited liability company, or any
				entity other than an individual.
(3) The experience of applicant in pulling
				casing and plugging wells.
(4)
				Evidence of financial responsibility of the applicant.
(5) The counties in which the applicant will
				operate.
(6) Other information as
				required by the Commission.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 10 - Oil And Gas Conservation › Subchapter 11 - Plugging and Abandonment › Section 165:10-11-2 - Operating requirements for licensees

Current through Vol. 41, No. 20, July 1, 2024
(a) This Section shall apply to each licensee
				under
				165:10-11-1.
(b) If a licensee prepares the Notice of
				Intent to Plug (Form 1001 and/or the Plugging Report (Form 1003), then the
				licensee shall:
(1) Include the following on
				any submitted form:
(A) The name and address
				of the well operator if the licensee is serving as a contractor for the
				operator of the well.
(B) The name
				and address of the person or entity hiring the licensee if the licensee is
				serving as the contractor for any person who is not an operator of the
				well.
(C) That he is acting
				independently if the licensee either purchased the well for salvage or
				contracted with the landowner to plug the well in exchange for casing and/or
				other well equipment.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 10 - Oil And Gas Conservation › Subchapter 11 - Plugging and Abandonment › Section 165:10-11-3 - Duty to plug

Current through Vol. 41, No. 20, July 1, 2024
(a)
Scope.
This Section applies to:
(1) Liability of the well owners and operator
				or other responsible person(s) to plug a well.
(2) Time periods for plugging wells:
(A) Without casing.
(B) With only surface casing and cement.
(C) With production casing.
(3) Wells exempted from
				plugging.
(4) Notice of Temporary
				Exemption from Plugging granting permission to postpone plugging of a well.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 10 - Oil And Gas Conservation › Subchapter 11 - Plugging and Abandonment › Section 165:10-11-4 - Notification and witnessing of plugging

Current through Vol. 41, No. 20, July 1, 2024
(a)
Wells without production
				casing.
The appropriate Conservation Division District Office shall be
				notified at least 12 hours prior to commencement of plugging operations and a
				plugging procedure agreed upon for any well without production casing. Each
				plugging operation may be witnessed by an authorized representative of the
				Conservation Division.
(b)
Wells with production casing.
A separate Notification of Intention
				to Plug (Form 1001) for each well with production casing shall be filed with
				the appropriate Conservation Division District Office at least five days prior
				to the commencement of plugging operations. The five day notice requirement may
				be reduced or waived:
(1) If a qualified
				representative of the Conservation Division is available to witness the
				plugging operation.
(2) At the
				discretion of the District Manager of the District in which the well is located
				or his supervisor.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 10 - Oil And Gas Conservation › Subchapter 11 - Plugging and Abandonment › Section 165:10-11-5 - Supervision and witnessing [Revoked]

Current through Vol. 41, No. 20, July 1, 2024
Amended at 9 Ok Reg
				  2295, eff 6-25-92; Revoked at 14 Ok Reg 2198, eff
				  7-1-97
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 10 - Oil And Gas Conservation › Subchapter 11 - Plugging and Abandonment › Section 165:10-11-6 - Plugging and plugging back procedures

Current through Vol. 41, No. 20, July 1, 2024
(a)
Scope.
This Section
				establishes minimum standards for plugging and plugging back wells. The
				standards apply to:
(1) Wells drilled for the
				production of oil or gas.
(2) Wells
				drilled or used for disposal or enhanced recovery injection.
(3) Wells used in subsurface gas storage
				units.
(4) Monitoring wells in
				enhanced recovery projects or subsurface gas storage units.
(5) Wells plugged back for:
(A) Oil or gas production.
(B) Disposal or injection.
(C) Conversion to a water well.
(6) "Rat hole" or "mouse holes"
				used in rotary drilling of wells.
(7) Wells used for geophysical or geological
				exploration.
(8) Wells used for
				other service operations.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 10 - Oil And Gas Conservation › Subchapter 11 - Plugging and Abandonment › Section 165:10-11-7 - Plugging record

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Within 30 days after plugging a well, the owner or operator of the well shall
				submit for the well to the appropriate Conservation Division District Office:
(1) Plugging Record (Form 1003).
(2) Form 1003 shall be completed and signed
				by employees of both the operator and the cementer.
(3) If a Completion Report (Form 1002A) has
				not been submitted for the well, Form 1002A shall be attached to the Form
				1003.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 10 - Oil And Gas Conservation › Subchapter 11 - Plugging and Abandonment › Section 165:10-11-8 - Procedures for identification and control of wellbores in which radioactive sources have been abandoned

Current through Vol. 41, No. 20, July 1, 2024
(a)
Notice and permission to abandon.
(1) When a radioactive source has been lost
				and abandoned in a well bore, the operator shall immediately notify the
				appropriate District Office and request permission to plug or plug-back and/or
				bypass to conform to the conditions set out in this Section. The District
				Manager or his designee may exercise the option of witnessing the
				procedure.
(2) A radioactive source
				shall not be considered abandoned until all reasonable efforts have been
				expended to retrieve the source.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 10 - Oil And Gas Conservation › Subchapter 11 - Plugging and Abandonment › Section 165:10-11-9 - Temporary exemption from plugging requirements

Current through Vol. 41, No. 20, July 1, 2024
(a)
Scope.
The Commission may
				permit any well which is required to be properly abandoned pursuant to OAC
				165:10-11-3
				and OAC
				165:10-11-5,
				at the request of an operator, to be temporarily abandoned.
(b)
Application.
An application
				for a permit to temporarily exempt a well from the plugging requirement shall
				be made on Form 1003A completed in its entirety, and submitted to the
				appropriate Conservation Division's District Office.
(c)
Permit.
(1) Any operator seeking approval for
				temporary abandonment shall submit a notice of intent to temporarily abandon
				the well, Form 1003A, to the appropriate District Office describing the
				temporary abandonment procedure used.
(2) The permit will be valid for a period of
				five (5) years. At least 30 days prior to the expiration of any approved
				temporary abandonment permit, the operator shall return the well to beneficial
				use in accordance with Commission rules, permanently plug and abandon said
				well, or apply for a new permit to temporarily abandon the well.
(3) No temporary abandonment will be approved
				that does not prevent the contamination of treatable water and/or other natural
				resources and the leakage of any substance at the surface.
(4) If the well fails the tests required
				herein the problem shall be found, corrected and a new test successfully
				conducted within 30 days or the well shall be plugged and abandoned in
				accordance with Commission rules.
(5) Upon successful completion of the work on
				the temporarily abandoned well, the operator will submit a new request for
				temporary abandonment to the appropriate District Office.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 10 - Oil And Gas Conservation › Subchapter 12 - Procedures for the Seeping Natural Gas Program › Section 165:10-12-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The purpose of this Subchapter is to provide the Oklahoma
				  Corporation Commission ("Commission") rules to govern responses to occurrences
				  concerning the Seeping Natural Gas Program. All procedural rules necessary to
				  initiate, regulate and administer the Seeping Natural Gas Program are contained
				  in this Subchapter.
Added at 24 Ok Reg 183,
				  eff 10-4-06 (emergency); Added at 24 Ok Reg 1784, eff
				  7-1-07
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 10 - Oil And Gas Conservation › Subchapter 12 - Procedures for the Seeping Natural Gas Program › Section 165:10-12-2 - Coordination of Seeping Natural Gas Program

Current through Vol. 41, No. 20, July 1, 2024
The Commission shall coordinate response efforts when
				  notified of an occurrence of seeping natural gas. The Commission shall enlist
				  private industry, state, county, municipal, and local government official
				  entities as needed. These entities will aid the Commission with investigating,
				  identifying and abating the hazard. If the Commission has determined that the
				  applicable utility may be responsible for the problem, even though the utility
				  initially advised the Commission it was not, the Commission can require the
				  utility to run further tests to re-evaluate the occurrence as to the utility's
				  lines and equipment. These rules do not supersede OAC
				  165:45-11-11(a)(9).
Added at 24 Ok Reg 183,
				  eff 10-4-06 (emergency); Added at 24 Ok Reg 1784, eff
				  7-1-07
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 10 - Oil And Gas Conservation › Subchapter 12 - Procedures for the Seeping Natural Gas Program › Section 165:10-12-3 - Jurisdiction and scope

Current through Vol. 41, No. 20, July 1, 2024
Pursuant to 52 O.S. Section
				  317.1,
				  the Commission is directed to promulgate and enforce rules, and issue and
				  enforce orders relating to seeping natural gas. The rules of this Subchapter
				  shall be known as the Commission Procedures for the Seeping Natural Gas
				  Program, and shall be cited as OAC
				  165:10-12-1
et
				  seq
.
(1) The rules of this
				Subchapter shall govern all proceedings concerning the Seeping Natural Gas
				Program.
(2) The Commission retains
				the authority to grant an exception, for good cause shown, to any rule
				contained herein unless otherwise precluded by law.
(3) The rules of this Subchapter establish
				procedures for the investigation of seeping natural gas and the administration
				of the Seeping Natural Gas Fund for the purpose of providing funding to
				eligible property owners for the mitigation of seeping natural gas on their
				property, in those cases in which the Commission is unable to abate the hazard
				of a seeping natural gas occurrence by issuing an order to a responsible person
				or by plugging a well.
Added at 24 Ok Reg 183,
				  eff 10-4-06 (emergency); Added at 24 Ok Reg 1784, eff
				  7-1-07
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 10 - Oil And Gas Conservation › Subchapter 12 - Procedures for the Seeping Natural Gas Program › Section 165:10-12-4 - Administration of the fund

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				Commission will appoint the Director of Administration of the Commission as the
				Seeping Natural Gas Fund Administrator.
(b) The Administrator is expressly authorized
				to bring actions before the Commission to enforce provisions of this
				Subchapter.
(c) The Administrator
				shall act under the supervision of the Commission, to administer the Seeping
				Natural Gas Fund in accordance with the rules and procedures approved by the
				Commission and consistent with this Subchapter. The Administrator is authorized
				to enforce, implement, and administer applicable rules and orders of the
				Commission.
(d) The Administrator's
				general duties shall include but not be limited to:
(1) Providing disbursements from the
				Fund;
(2) Managing the daily
				operations and affairs of the Fund;
(3) Engaging annual audits of the
				expenditures of the Fund and of the distribution from the Fund to property
				owners who receive payment from the Fund;
(4) Resolving disputes related to issues
				addressed in this Subchapter;
(5)
				Reviewing all applications for assistance from property owners;
(6) Performing any other duties as directed
				by the Commission.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 10 - Oil And Gas Conservation › Subchapter 12 - Procedures for the Seeping Natural Gas Program › Section 165:10-12-5 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this Chapter,
				  shall have the following meaning unless the context clearly indicates
				  otherwise:
"Hazardous gas concentration"
means a
				  concentration that presents or causes a risk of accident or fire.
"Natural gas"
means a highly compressible,
				  highly expansible mixture of hydrocarbons having a low specific gravity and
				  occurring naturally in gaseous form. Besides hydrocarbon gases, natural gas may
				  contain appreciable quantities of nitrogen, helium, carbon dioxide, hydrogen
				  sulfide, and water vapor.
"Person"
means any individual, business
				  association or corporation, partnership, governmental or political subdivision,
				  public corporation, body politic and corporate public authority, trust or any
				  other legal entity.
"Responsible party"
means any person or persons
				  responsible for a facility which is found to be causing a seeping natural gas
				  occurrence.
"Seeping natural gas"
means natural gas which
				  has migrated into, under or around a structure at hazardous
				  concentrations.
Added at 24 Ok Reg 183,
				  eff 10-4-06 (emergency); Added at 24 Ok Reg 1784, eff
				  7-1-07
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 10 - Oil And Gas Conservation › Subchapter 12 - Procedures for the Seeping Natural Gas Program › Section 165:10-12-6 - Notice requirements for seeping natural gas occurrences

Current through Vol. 41, No. 20, July 1, 2024
(a) Upon
				identification of a possible occurrence of seeping natural gas, a utility shall
				notify the Pipeline Safety Department of the Commission. If the Pipeline Safety
				Department determines that the seeping gas occurrence is not caused by a
				pipeline under its jurisdiction, Pipeline Safety will contact the Public
				Utility Division and the Oil and Gas Conservation Division.
(b) Upon a utility's initial determination
				that hazardous gas seepage is not from its system, the utility shall provide
				the property owner with a brochure explaining the situation and providing the
				impacted property owner with information about available assistance, including
				pertinent Commission telephone numbers. For assistance, the property owner or
				an authorized representative of the property owner shall contact the
				Commission.
(c) The appropriate
				District office of the Oil and Gas Conservation Division will contact the local
				Fire Marshall/Fire Chief and the utility to inform them that the Rapid Action
				Assessment Team has been activated.
(d) The Field Operations Department of the
				Oil and Gas Conservation Division will assess and evaluate the situation and
				act accordingly.
Added at 24 Ok Reg 183,
				  eff 10-4-06 (emergency); Added at 24 Ok Reg 1784, eff
				  7-1-07
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 10 - Oil And Gas Conservation › Subchapter 12 - Procedures for the Seeping Natural Gas Program › Section 165:10-12-7 - Commission Rapid Action Assessment Team

Current through Vol. 41, No. 20, July 1, 2024
(a) The Oil and Gas Conservation Division
				shall form a Rapid Action Assessment Team to handle any seeping natural gas
				occurrence that occurs within the State after determining that it is not caused
				by a pipeline regulated by the Pipeline Safety Act or a utility.
(b) The Rapid Action Assessment Team will be
				equipped with qualified personnel and the proper and necessary equipment to
				handle investigations of seeping natural gas occurrences.
(c) Each Commission District Office will have
				access to designated trained personnel and equipment prepared for investigating
				a seeping natural gas occurrence.
(d) No person entering upon the land to
				investigate or abate the hazards pursuant to the authority of the Commission
				will be held responsible for future abatement work on the land or be liable for
				damages or otherwise for conditions subsequently arising or in connection with
				the land.
Added at 24 Ok Reg 183,
				  eff 10-4-06 (emergency); Added at 24 Ok Reg 1784, eff
				  7-1-07
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 10 - Oil And Gas Conservation › Subchapter 12 - Procedures for the Seeping Natural Gas Program › Section 165:10-12-8 - Standard procedure for the Rapid Action Assessment Team

Current through Vol. 41, No. 20, July 1, 2024
As soon as the Oil and Gas Conservation Division is notified
				  of an unknown gas surface seep in or around a structure that the utility has
				  determined is not leaking from its lines, except in situations where the
				  Oklahoma Emergency Management Plan is activated, appropriate Commission
				  personnel will respond as follows:
(1)
				The Field Inspector from the Oil and Gas Conservation Division will respond
				with gas detection equipment and notify the Field Supervisor and District
				Manager.
(2) The District Manager
				will activate the local Rapid Action Assessment Team and notify local officials
				and the following Commission offices in Oklahoma City: Public Utility Division,
				Field Operations and Public Information.
(3) The District Office will research well
				data, aerial photos and maps on file with the Oil and Gas Conservation
				Division.
(4) The Oil and Gas Field
				Supervisor and Field Inspector will coordinate with any responsible party in
				the locality and will research any available maps and records.
(5) If no known oil or gas wells are present,
				the Rapid Action Assessment Team will number and set soil gas monitoring probes
				at strategic locations in the area and initiate a gas monitoring program to
				measure the concentration and sample the composition of gas and log results at
				monitored locations.
(6) If the
				source of gas can be identified and there is a responsible party, the Rapid
				Action Assessment Team will request a Commission order directing the
				responsible party to abate the hazard.
(7) If no known responsible party is located,
				the Rapid Action Assessment Team will position the monitoring system to allow
				for measurement of concentration and dissipation of the gas.
(8) Upon the completion of the mitigation
				process, the Commission shall notify the utilities in writing.
(9) Upon notification by the Commission that
				the mitigation process has been completed, the utility shall verify that the
				hazard has been abated prior to establishing or resuming gas service.
(10) If the utility believes it should not
				establish or resume service, it shall file an emergency application with the
				Commission to show cause why service should not be established or resumed. The
				Commission shall hear such application with or without notice. At the time of
				the hearing, the Commission shall receive exhibits and recommendations as
				required by OAC
				165:5-9-3.
				The Commission shall rule on the request as it deems appropriate.
Added at 24 Ok Reg 183,
				  eff 10-4-06 (emergency); Added at 24 Ok Reg 1784, eff
				  7-1-07
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 10 - Oil And Gas Conservation › Subchapter 12 - Procedures for the Seeping Natural Gas Program › Section 165:10-12-9 - Assistance to owners of property

Current through Vol. 41, No. 20, July 1, 2024
(a) An owner of property which has a seeping
				natural gas occurrence as defined by
				165:10-12-5 shall
				file an application (Form 3000NGS) with the Commission for the investigation
				and/or abatement of seeping natural gas, to receive assistance with installing
				a system to divert seeping natural gas away from the structure or to otherwise
				abate the hazard.
(b) After the Oil
				and Gas Conservation Division and the Public Utility Division have completed
				their review of the property owner's application, they will forward it to the
				Director of Administration of the Commission, and the Director of
				Administration will consider the application for Commission action.
(c) The Commission shall determine the
				eligibility of the owner of a structure for assistance based on the nature and
				extent of the hazard, whether the owner is unable to inhabit the structure, the
				financial need of the owner of the structure and other relevant factors
				dependent upon the Oklahoma Legislature's current and future approval of and
				appropriation for the Natural Gas Seep Program.
(d) If the property owner's application is
				approved, the Commission may expend funds, pursuant to 17 O.S. Section
				180.10,
				to engage the services of a contractor to install a system to divert natural
				gas away from a structure or to otherwise abate the hazard.
Added at 24 Ok Reg 183,
				  eff 10-4-06 (emergency); Added at 24 Ok Reg 1784, eff
				  7-1-07
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 10 - Oil And Gas Conservation › Subchapter 12 - Procedures for the Seeping Natural Gas Program › Section 165:10-12-10 - Reimbursement of expenditures

Current through Vol. 41, No. 20, July 1, 2024
(a)
				The Commission may seek reimbursement of expenditures made by the Commission
				from a responsible party. Any monies received as reimbursement shall be
				deposited to the credit of the Commission Gas Seep Fund.
(b) The Rule shall not relieve any person or
				persons otherwise legally responsible from any obligation to properly abate
				hazards associated with seeping natural gas.
Added at 24 Ok Reg 183,
				  eff 10-4-06 (emergency); Added at 24 Ok Reg 1784, eff
				  7-1-07
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 10 - Oil And Gas Conservation › Subchapter 13 - Determination of Allowables - Oil and Gas Wells › Section 165:10-13-2 - Classification of wells for allowable purposes

Current through Vol. 41, No. 20, July 1, 2024
(a) For purposes of this Subchapter the terms
				gas, oil, and gas-oil ratio are defined in
				165:10-1-2.
(b) Any well having a gas-oil ratio of 15,000
				to one or more shall be classified as a gas well for allowable
				purposes.
(c) Any well having a
				gas-oil ratio of less than 15,000 to one shall be classified as an oil well for
				allowable purposes.
(d) If a well
				is a multiply completed well under
				165:10-3-35,
				then each zone of the completion shall be classified separately for allowable
				purposes.
(e) If a well is
				commingled under
				165:10-3-39,
				the classification of the weld for allowable purposes shall be determined by
				the gas-oil ratio of the commingled production.
Oklahoma Administrative Code › Title 165 - Corporation Commission › Chapter 10 - Oil And Gas Conservation › Subchapter 13 - Determination of Allowables - Oil and Gas Wells › Section 165:10-13-3 - Production tests on new, re-entered, and recompleted wells

Current through Vol. 41, No. 20, July 1, 2024
(a) On all new
				wells, re-entered wells, and recompleted wells classified as oil wells for
				allowable purposes, in any regular spacing unit(s) and reservoir dewatering oil
				spacing unit(s), initial production tests shall be performed and reported to
				the Commission on Form 1029A for discovery oil wells, Form 1002A for other oil
				wells, unless otherwise specified by order of the Commission. The test shall
				not commence until after recovery of a volume of oil equivalent to or greater
				than the amount of load oil or other liquids introduced into the
				well.
(b) On all new wells,
				re-entered wells, and recompleted wells classified as gas wells for allowable
				purposes, initial production tests shall be performed and reported to the
				Commission on Form 1016 unless otherwise specified by order of the Commission
				or by OAC
				165:10-17-7(b)(1)..
(c) If special pool rules prescribe, by order
				of the Commission, the manner in which production tests are to be performed in
				any separate common source of supply, the production or gas-oil ratio test
				shall be performed and reported to the Commission in accordance with such
				special pool rules.
Amended at 19 Ok Reg
				  639, eff 1-14-02 (emergency); Amended at 19 Ok Reg 966, eff 7-1-02; Amended at
				  25 Ok Reg 2187, eff 7-11-08; Amended at 26 Ok Reg 2498, eff
				  7-11-09