| (2) Publication of notice. Notice of the application,
in a form approved by the Commission or its designee, shall be published
by the applicant once a week for three consecutive weeks in a newspaper
of general circulation in the county where the storage facility is
or is proposed to be located. The applicant shall file proof of publication
prior to any hearing on the application or administrative approval
of the application.
(3) Notice by publication. The applicant shall make
diligent efforts to ascertain the name and address of each person
identified under paragraph (1)(A) - (D) of this subsection. The exercise
of diligent efforts to ascertain names and addresses of such persons
shall require an examination of the county records where the facility
is located and an investigation of any other information of which
the applicant has actual knowledge. If, after diligent efforts, the
applicant has been unable to ascertain the name and address of one
or more persons required to be notified under paragraph (1)(A) - (D)
of this subsection, the notice requirements for those persons are
satisfied by the publication of the notice of application as required
in paragraph (2) of this subsection. The applicant must submit an
affidavit to the Commission specifying the efforts that were taken
to identify each person whose name and/or address could not be ascertained.
(4) Hearing required for new permits. A permit application
for a new underground gas storage facility will be considered for
approval only after notice and hearing. The Commission will give notice
of the hearing to all affected persons, local governments, and other
persons who express, in writing, an interest in the application. After
hearing, the examiner shall recommend a final action by the Commission.
(5) Hearing on permit amendments.
(A) An application for an amendment to an existing
storage facility permit may be approved administratively if the Commission
receives no protest from a person notified pursuant to paragraph (1)
of this subsection or from any other affected person.
(B) If the Commission receives a protest from a person
notified pursuant to paragraph (1) of this subsection or from any
other affected person within 15 days of the date of receipt of the
application by the Commission, or of the date of the third publication,
whichever is later, or if the Commission determines that a hearing
is in the public interest, then the applicant will be notified that
the application cannot be approved administratively. The Commission
will schedule a hearing on the application upon written request of
the applicant. The Commission will give notice of the hearing to all
affected persons, local governments, and other persons who express,
in writing, an interest in the application. After hearing, the examiner
shall recommend a final action by the Commission.
(C) If the application is administratively denied,
a hearing will be scheduled upon written request of the applicant.
After hearing, the examiner shall recommend a final action by the
Commission.
(f) Modification, cancellation, or suspension of a
permit.
(1) General. Any permit may be modified, suspended,
or canceled after notice and opportunity for hearing if:
(A) a material change in conditions has occurred in
the operation, maintenance, or construction of the storage facility,
or there are material deviations from the information originally furnished
to the Commission. A change in conditions at a facility that does
not affect the safe operation of the facility or the ability of the
facility to operate without causing waste of hydrocarbons or pollution
is not considered to be material;
(B) pollution of fresh water is likely as a result
of continued operation of the storage facility;
(C) there are material violations of the terms and
provisions of the permit or Commission regulations;
(D) the applicant has misrepresented any material facts
during the permit issuance process; or
(E) injected fluids are escaping or are likely to escape
from the storage facility.
(2) Imminent danger. Notwithstanding the provisions
of paragraph (1) of this subsection, in the event of an emergency
that presents an imminent danger to life or property, or where waste
of hydrocarbons, uncontrolled escape of hydrocarbons, or pollution
of fresh water is imminent, the Commission or its designee may immediately
suspend a storage facility permit until a final order is issued pursuant
to a hearing, if any, conducted in accordance with the provisions
of paragraph (1) of this subsection. All operations at the facility
shall cease upon suspension of a permit under this paragraph.
(g) Transfer of permit. A storage facility permit may
not be transferred without the prior approval of the Commission, or
its designee. Until such transfer is approved by the Commission or
its designee, the proposed transferee may not conduct any activities
authorized by the permit. The following procedure shall be followed
when requesting approval for transfer of a permit.
(1) Request. Prior to transferring either ownership
or operation of a storage facility, the permittee shall file with
the Commission a request for transfer of the permit. Such a request
may not be filed unless a completed Form P-4, signed by both the permittee
and the proposed transferee, has been filed with the Commission.
(2) Approval. The Commission, or its designee, shall
approve the transfer of a storage facility permit, provided:
(A) the proposed transferee is not the subject of any
unsatisfied Commission enforcement order at the time of the request
for permit transfer; and
(B) there are no existing violations of any Commission
regulation, order, or permit at the storage facility at the time of
the request for permit transfer that have been documented by the Commission,
or its employees, unless the proposed transferee agrees to correct
the violations according to a compliance schedule approved by the
Commission, or its designee.
(3) Good cause. Notwithstanding paragraph (2) of this
subsection, for good cause shown the Commission, or its designee,
may require public notice and opportunity for hearing prior to taking
action on a request for transfer of a permit. Such request may be
denied after notice and opportunity for hearing if the Commission
or its designee finds that transfer of the permit would not be in
the public interest.
(h) Safety. The following safety requirements shall
apply to all underground gas storage facilities, provided, however,
that the provisions of this subsection shall not apply to any natural
gas storage well that is out of service and disconnected from surface
piping. Notwithstanding the compliance time periods specified in this
subsection, a new underground gas storage facility permitted under
this section must have all required safety measures and equipment
in place before commencement of storage operations at the facility.
All existing storage facilities must have such safety measures and
equipment in place within the period of time specified. Notwithstanding
the compliance time periods specified in paragraph (2)(B) of this
subsection, no storage well in active service may be operated without
a fully functional emergency shutdown valve unless in compliance with
specified conditions of paragraph (2)(C) of this subsection.
(1) Monitoring of injection and withdrawal operations.
All gas injection and withdrawal activities shall be continuously
monitored by an individual who is experienced and trained in such
activities. Any facility that is unattended during injection and withdrawal
activities shall have company personnel on call at all times. On-call
personnel must be able to reach the facility within 30 minutes from
the time a potential problem is noted by the individual monitoring
the injection or withdrawal activities.
(2) Storage wellhead.
(A) The storage wellhead must be designed, operated,
and maintained to contain the contents of the storage well and protect
against loss of stored product.
(B) Within five years of the effective date of this
section, the operator shall have installed emergency shutdown valves
between the wellhead and the gas injection/withdrawal surface piping
of each storage well and between the wellhead and any brine or fresh
water surface piping. Within one year of the effective date of this
section, the operator may request an exception to the storage wellhead
configuration or compliance date of this subparagraph and propose
an alternative configuration or workover schedule for approval by
the Commission or its designee. A storage well that is out of service
and is disconnected from surface piping shall be exempt from this
requirement until reactivated for active gas storage. Emergency shutdown
valves shall meet the following requirements:
Cont'd... |
