Archives: Ohio EPA

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Did an Ohio Spill Expose a Leak in Ohio’s Hydraulic Fracturing Disclosure Laws?

After a recent accident at an Ohio unconventional drilling site, Governor Kasich expressed concern about the state’s fracturing-fluids-disclosure laws. The June accident spilled chemicals ­– including the drilling company’s proprietary hydraulic fracturing fluid – into a nearby stream. But under Ohio’s disclosure laws, the company didn’t have to reveal the contents of its proprietary fluid … Continue Reading

Ohio Imposes New Fugitive Emissions Rules on Horizontal Drillers

The Ohio Environmental Protection Agency (OEPA) has announced new requirements for horizontal drillers aimed at reducing air pollution from so-called “fugitive emissions,” which are generally caused by leaking valves or connectors in drilling equipment. The regulations specifically target methane and other volatile organic compounds (VOCs) used in the drilling process.  The new rules will require … Continue Reading

Deja Vu All Over Again: The Ohio Senate Inserts TENORM Provisions Back Into the State’s Budget Bill

The Ohio Senate released its version of the state budget bill—Am. Sub. HB 59—on June 4.  As previously reported by the Shale Blog, the Governor’s original budget proposal included provisions for the disposal of TENORM (Technologically Enhanced Naturally Occurring Radioactive Material).  The Ohio House removed those provisions from the budget bill amid strong opposition from both … Continue Reading

BakerHostetler Attorneys Presenting On Shale And Safety Issues At OSBA Seminar

This week several BakerHostetler attorneys will be participating in the Ohio State Bar Association’s (OSBA) 28th Annual Ohio Environment, Energy, and Resources Law Seminar.  The seminar is presented by the OSBA Environmental Law Committee and the Natural Resources Law Committee.  It runs Thursday, April 25 through Saturday, April 27, at the Cherry Valley Lodge in … Continue Reading

Ohio Legislators Strip Radioactive Drilling Waste, Severance Tax Provisions From Budget

Yesterday we discussed the grim prospects for the NORM and TENORM provisions in Ohio Governor John Kasich’s proposed budget. Both industry and environmentalists opposed the provisions, and state legislators recently expressed their desire to address the issue in separate legislation. The Ohio House of Representatives released its proposed changes to HB 59 yesterday and, as … Continue Reading

Ohio Legislative Proposal Regulating Radioactive Drilling Wastes To Be Delayed Until Fall

Ohio Governor John Kasich’s proposed budget was introduced in the Ohio House of Representatives in early February as HB 59. Our prior analysis of the original bill can be found here.  HB 59 includes amendments requested by three Ohio agencies that would govern the disposal of drilling wastes containing naturally occurring radioactive materials (NORM) and … Continue Reading

BakerHostetler Shale Symposium: Political and Policy Trends in 2013

On Thursday, March 7, BakerHostetler’s Shale Team will host a panel discussion on political and policy trends related to shale development at The Houstonian Hotel.  Michael G. Oxley — former Congressman and Chairman of the House Financial Services Committee, former member of the Energy House Committee and co-author of the landmark Sarbanes-Oxley Act of 2002 — will moderate … Continue Reading

Federal Charges Filed for Ohio Drilling Waste Release; Ohio Legislation Proposes Increased Penalties

Early last week, we covered the response of Ohio regulators to an alleged release of hydraulic fracturing waste into a Youngstown, Ohio area tributary by Hard Rock Excavating (Hard Rock), an affiliate of oil and gas player D&L Energy Group (D&L).  In addition to the state regulatory enforcement measures against Hard Rock and D&L, the U.S. … Continue Reading

Ohio Budget Bill Restructures Severance, Income, Sales, and Services Taxes

Recently this blog has analyzed various aspects of HB 59, including Ohio Governor John Kasich’s relaunched severance tax proposals.  Expanding on the tax implications of HB 59, BakerHostetler’s Tax Group has prepared a comprehensive summary of the Governor’s overall budget and tax proposals. This analysis provides very helpful context to Gov. Kasich’s proposed severance taxes on new, … Continue Reading

Ohio Agencies Propose Bill Regulating Radioactive Drilling Wastes

Last week we discussed the release of Ohio Governor John Kasich’s proposed budget, in which the Governor proposed changes to the state’s severance taxes for oil and gas wells.  On Monday the budget was introduced as a new bill (HB 59) in the Ohio House of Representatives.  But also included in HB 59 were a … Continue Reading

Discharge of Drilling Waste in Ohio Triggers Civil and Criminal Enforcement Actions; Heightens Scrutiny of State Regulatory Practices

A release of approximately 40,000 gallons of oil and gas operations waste into a Youngstown, Ohio area storm drain flowing into the Mahoning River is igniting a call for tighter regulatory oversight and more transparent emergency response practices by the Ohio Environmental Protection Agency (OEPA) and the Ohio Department of Natural Resources (ODNR). ODNR investigators … Continue Reading

Ohio Governor Relaunches Severance Tax Plan In Budget Proposal

Yesterday Ohio Governor John Kasich unveiled his proposed budget for fiscal years 2014 and 2015 at an hour-long press conference.  The Governor’s proposal, a summary of which can be found here, contained a comprehensive plan to enact new severance taxes for certain categories of new hydraulically fractured horizontal wells in the state.  By way of background, … Continue Reading

Research On Flowback Recycling, Wastewater Treatment Commencing In Ohio

As shale drilling sites continue coming online in the Utica Shale region, the demand for alternative means of managing the wastes produced by drilling operations has never been stronger.  In response to that demand, significant studies are beginning in Ohio that are designed to tackle these issues.  Battelle Memorial Institute recently announced that it is … Continue Reading

Ohio EPA: Air Quality Near Gas Drilling Site Is Clean

Beginning in April of this year, the Ohio Environmental Protection Agency (Ohio EPA) has been collecting air quality data at a shale gas drilling site located near The Wilds in Muskingum County, Ohio.  Ohio EPA is monitoring for particulate matter (PM), as well as hydrocarbons associated with gas drilling and methane, and will be monitoring … Continue Reading

Ohio EPA Issues Advisory As To Landfilling of Drilling Wastes

On September 18, 2012, the Ohio Environmental Protection Agency’s (OEPA) Division of Materials and Waste Management issued an advisory to Ohio solid waste landfills as to how they should handle wastes associated with hydraulic fracturing and horizontal drilling.  The advisory addresses three types of wastes that in some instances can be disposed of in solid … Continue Reading