WASTE AND DEBRIS MANAGEMENT AUGUST 28, 2013

Transcription

1 WASTE AND DEBRIS MANAGEMENT AUGUST 28, 2013

2 William G. Petruzzi, PG Hull & Associates, Inc.

3 OBJECTIVES Review how HB 59 establishes a clear pathway on waste management issues Provide observations on HB 59 waste-related rules and rulemaking Update on beneficial use programs

4 Introduction to HB 59

5 WASTE RELATED HB 59 RULE OVERVIEW Initial Effective Date: June 30, 2013 Additional Provisions Effective: Sept. 29, 2013 Upcoming Provisions Effective: Jan. 1, 2014* HB 59 can be found the Ohio State Legislature website at: (

6 ODNR SOLE AND EXCLUSIVE AUTHORITY ORC The division [ODNR DOGRM] has sole and exclusive authority to regulate the permitting, location, and spacing of oil and gas wells and production operations within the state, excepting only those activities regulated under federal laws for which oversight has been delegated to the environmental protection agency and activities regulated under sections to of the Revised Code.

7 HB 59 NEW PROVISIONS ODNR (ORC 1509) ODNR ORC 1509 Topic Citation Definitions ORC ODNR Sole and Exclusive Authority ORC Material from construction, operation or plugging of a horizontal well ORC Brine/fluid management ORC Brine surface application ORC Permits and Authorization ORC

8 HB 59 NEW PROVISIONS OHIO EPA (ORC 3734) Ohio EPA ORC 3734 Topic Citation Definitions Beneficial use, horizontal well and TENORM ORC (V),(HH) and (II) Misc. natural background, TENORM & landfill acceptance, GW & leachate monitoring, and representative sampling ORC Rulemaking ORC

9 HB 59 NEW PROVISIONS ODH (ORC 3748) ODH ORC 3748 Topic Citation Definitions NORM, TENORM and drill cuttings ORC (W), (X), and (Y) Recordkeeping, governing requirements and rule adoption ORC

10 HB 59 PROGRESSION CHART (ODNR)

11 HB 59 NOT TENORM PATHWAY HB 59 does not list specific materials that are not TENORM Drill cuttings are NORM Contact with refined oilbased substance determines management practice

12 HB 59 NOT TENORM PATHWAY ANTICIPATED CRITERIA Not TENORM will continue to mean drill cuttings (and brine) On/off-site solidification to pass paint-filter test No additional testing required

13 HB 59 TENORM PATHWAY HB 59 does not list specific materials that are TENORM Direct disposal/reuse options exist without characterization Establishes storage, recycling, treating, processing, and disposal rules to be developed

14 HB 59 TENORM PATHWAY ANTICIPATED CRITERIA NORM/TENORM list consistent with previous understanding Characterization requirements for representative sampling Rules on storage, recycling, treating, processing, and disposal are being developed (permit, engineering controls, reporting, etc.)

15 HB 59 BRINE PATHWAY Brine definition Establishes storage, recycling, treating, processing, and disposal rules to be developed Direct class II injection or alternate method of disposal

16 HB 59 BRINE PATHWAY ANTICIPATED CRITERIA Rules for management outside of class II injection wells Rules on storage, recycling, treating, processing, and disposal

17 OFF-SITE STORAGE, PROCESSING AND TREATMENT ANTICIPATED REGULATED AREAS Class II UIC Well(s) Solidification Area Dilution Area Characterization/postcharacterization Storage Area Processing/Treatment Area Beneficial use area Impoundments Tank Farms Raw Materials Equipment/Storage Buildings Scale House/Records Building

18 Evolving Issues

19 EVOLVING ISSUES 1. ODNR Rulemaking (ORC 1509) 2. Brine Issues (ORC ) 3. Interagency cooperation/interference (all) 4. Landfill Requirements (ORC 3734) 5. Beneficial use authority/requirements (ORC (A)(4)(b), (V)) 6. Representative sampling (ORC (A)(1)) 7. Natural background and CRCPD levels (ORC (P)(1)(a)) 8. De minimus (ORC (Y))

20 EVOLVING ISSUES BRINE ISSUES Brine (ODNR) ORC (U) all saline geological formation water resulting from, obtained from, or produced in connection with exploration, drilling, well stimulation, production of oil or gas, or plugging of a well

21 EVOLVING ISSUES LANDFILL REQUIREMENTS Ohio EPA (P)(4)(a) Ohio EPA to establish criteria for monitoring of leachate and groundwater for radium and other radionuclides Ohio EPA (P)(4)(b) For landfill acceptance, Ohio EPA to rely on acceptable sampling standards used by ODNR for material to leave their authorized facilities/locations

22 EVOLVING ISSUES REPRESENTATIVE SAMPLING ODNR ORC (A)(1) The collection and analysis of the representative samples shall be performed in accordance with requirements approved by the chief of the division of oil and gas resources management.

23 EVOLVING ISSUES NATURAL BACKGROUND Ohio EPA ORC (P)(1)(a) means two picocuries per gram or the actual number of picocuries per gram as measured at an individual solid waste facility, subject to verification by the director of health

24 EVOLVING ISSUES DE MINIMUS ODH ORC (Y) drill cuttings means the soil, rock fragments, and pulverized material that are removed from a borehole and that may include a de minimus amount of fluid that results from a drilling process

25 Beneficial Use

26 BENEFICIAL USE UPDATE 1. ODNR: on-pad/permitted offpad authority 2. Ohio EPA: off-pad authority IAWMP/LAMP 3. Ohio EPA draft conceptual rule language Stakeholder comments under review Ohio EPA goal for rules is December 2013

27 QUESTIONS William G. Petruzzi, PG Hull Principal