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Ohio Adopts New Guidelines for Applications for Facilities that Manage or Dispose of Drilling Wastes

Ohio legislation enacted earlier this year imposes new requirements on facilities that store, recycle, treat, process or dispose of brine or other waste substances associated with the exploration, development and operations of oil and gas wells. Under the new requirements, the Chief of the Division of Oil and Gas Resources Management must adopt rules establishing the procedures and requirements for applications to obtain permits for the installation and operation of these waste facilities. The Division has established a two-step process for waste facility operators to comply with the new requirements:

  1. Beginning on January 1, 2014, operators of these facilities must apply for a temporary authorization, known as a Chief’s Order, to install new facilities or continue to operate existing facilities.
  2. After the Chief promulgates the new rules, all facilities operating under a Chief’s Order and new facilities will be required to obtain a permit in conformance with the new rules.

The Division of Oil and Gas Resource Management intends to propose the new rules in early 2014. Guidelines for applying for Chief’s Orders for interim authority to install or operate facilities have been posted on ODNR’s website and are available here.