Ohio Publishes Conceptual Rules for Disposal of Fracking Wastes
Ohio EPA, Division of Materials and Waste Management (the “Agency”) has released the first draft of rules that will govern solid waste disposal and transport facilities in Ohio that accept (or want to begin accepting) wastes from oil and gas production activities, including hydraulic fracturing (“fracking”). These proposed rules reflect the Agency’s vision of how a regulatory approach will be crafted, and they are seeking input from impacted businesses to help develop an effective regulatory approach.
The Agency’s conceptual rules prohibit facilities from accepting drilling materials and fluids for disposal or transport without first obtaining a permit, filing a notification form with Ohio EPA, and performing sampling, monitoring, and reporting requirements.
The proposed concept also establishes operational requirements for solid waste facilities, including transfer and environmental protection fees that will be levied for each transfer of solid waste that is covered by this rule. This requirements, and other rules of operation, will increase Agency involvement in businesses that wish to accept waste from drilling operations.
As such, the Agency requests comments to aid their development of these rules, especially comments that explain how this regulatory concept will have either a positive or adverse impact on Ohio businesses. Comments will be accepted until July 3, 2015.
The Fact Sheet for these rules can be found by following THIS LINK.
For more information, please contact:
John Obery, Esq.
This blog post may be reproduced, in whole or in part, with the prior permission of Dave Bell Law and acknowledgement of its source. This publication is intended to inform clients about legal matters of current interest. It is not intended as legal advice. Readers should not act upon the information contained in it without professional counsel.
This document may be considered attorney advertising in some jurisdictions.