## Oil & Gas Exploration and Production Waste Regulations in Ohio

Presented By Thomas L. Maher, Jr., Principal Civil & Environmental Consultants, Inc.
May 13, 2014 Prepared For A&WMA OIL & GAS ENVIRONMENTAL COMPLIANCE CONFERENCE

### O&G E&P Waste

- Ohio
► Four Regulatory Agencies

▪ United States Environmental Protection Agency (USEPA)

▪ Ohio Department of Natural Resources (ODNR)

▪ Ohio Environmental Protection Agency (OEPA)

▪ Ohio Department of Health (ODH) o House Bill 59 passed on July l, 2013 to address management of Technologically Enhanced Naturally Occurring Radioactive Materials ( TENORM ) resulting from unconventional oil & gas wells. o Provide for greater oversight and coordination between the ODH, ODNR and Ohio EPA.

### O&G E&P Waste

- Ohio
► USEPA

▪ Federal regulation of O&G E&P environmental issues, including waste.

▪ EPA published a list of O&G E&P wastes that were determined to be either exempt or non - exempt
.
▪ 40 CFR § 261.4(b): Exclusions: Solid Wastes which are Not Hazardous Wastes. o § 261.4(b)(5) Oil, Gas, and Geothermal Wastes (Bentsen Amendment) exempts “Drilling fluids, produced waters, and other wastes associated with the exploration, development, or production of crude oil, natural gas or geothermal energy.”

### O&G E&P Waste

- Ohio
► USEPA (cont’d) ► Federally Exempt Waste
o Exempt from RCRA Subtitle C (Hazardous Waste ), but still subject to RCRA Subtitle D (Non
Hazardous) requirements

. o For natural gas, primary field operations include those production
- related activities at or near the wellhead and at the gas plant (regardless of whether or not the gas plant is at or near the wellhead) but prior to transport of the natural gas from the gas plant to market

. o For crude oil, the field operations are defined differently

### O&G E&P Waste

- Ohio
► Federally Exempt Waste

▪ Rule of Thumb: o Has the waste come from down
- hole, i.e., was it brought to the surface during oil and gas E&P operations? o Has the waste otherwise been generated by contact with the oil and gas production stream during the removal of produced water or other contaminants from the product?

▪ If the answer to either question is yes, then the waste is likely considered exempt from RCRA Subtitle C regulations.

▪ Exempt E&P wastes still require proper management. o For example: TENORM

### O&G E&P Waste

- Ohio
► Exempt Wastes

▪ Produced water

▪ Drilling fluids

▪ Drill cuttings

▪ Rigwash

▪ Well completion, treatment, and stimulation fluids

▪ Basic sediment, water, and other tank bottoms from product and exempt waste storage facilities

▪ Accumulated materials from production separators, fluid treating vessels, and production impoundments

▪ Pit sludges and contaminated bottoms from exempt wastes

▪ Gas plant dehydration wastes

▪ Workover wastes

▪ Cooling tower blowdown

▪ Gas plant sweetening wastes

### O&G E&P Waste

- Ohio
► Exempt Wastes (cont’d)

▪ Spent filters, filter media, and backwash

▪ Pipe scale, hydrocarbon solids, hydrates, and other deposits removed from piping and equipment prior to transportation

▪ Produced sand

▪ Packing fluids

▪ Hydrocarbon
- bearing soil

▪ Pigging wastes from gathering lines

▪ Wastes from subsurface gas storage and retrieval

▪ Constituents removed from produced water before it is disposed of

▪ Liquid hydrocarbons removed from the production stream

▪ Materials ejected from a producing well during blowdown

▪ Waste crude oil from primary field operations

▪ Light organics volatilized from exempt wastes

### O&G E&P Waste

- Ohio
► Non - Exempt Wastes

▪ Unused fracturing fluids or acids

▪ Gas plant cooling tower cleaning wastes

▪ Painting wastes

▪ Service wastes such as empty drums, drum rinsate, sandblast media, painting wastes, spent solvents, spilled chemicals, and waste acids

▪ Rinsate from trucks and drums transporting or containing non
- exempt waste

▪ Refinery wastes

▪ Wastes generated by crude oil and tank bottom reclaimers

▪ Used equipment lubricating oils

▪ Waste compressor oil, filters, and blowdown

▪ Used hydraulic fluids

### O&G E&P Waste

- Ohio
► Non - Exempt Wastes (cont’d)

▪ Used hydraulic fluids

▪ Waste in transportation pipeline related pits

▪ Caustic or acid cleaners

▪ Boiler cleaning wastes

▪ Boiler refractory bricks

▪ Boiler scrubber fluids, sludges, and ash

▪ Incinerator ash

▪ Laboratory wastes

▪ Sanitary wastes

▪ Pesticide wastes

▪ Radioactive tracer wastes

▪ Drums, insulation, and miscellaneous solids

### O&G E&P Waste

- Ohio
► ODNR

▪ Has primary regulatory authority over O&G E&P operations in Ohio

. ▪ Drilling o Issues drilling permits o Develops requirements for well location, design and construction o Inspection and oversight

▪ Wastewater and drill cutting management at drill sites o Design requirements for onsite frac water pits/lagoons o Closure of onsite pits/lagoons o Determination if waste is Technologically Enhanced Naturally Occurring Radioactive Material (TENORM) o Regulates cuttings disposed of at the drill site

▪ Excluded from the definition of solid waste.

### O&G E&P Waste

- Ohio
► ODNR (cont’d)

▪ Frac water disposal in Underground Injection Control (UIC) Wells o Issues permits o Develops design/construction requirements o Oversight and monitoring



### ▪ Frac water hauling o Registers transporters hauling brine and frac wastewater

### O&G E&P Waste

- Ohio
► ODNR (cont’d)

▪ TENORM (Not covered by federal Subtitle C exemption) o TENORM is defined by ODH o Regulated by ODNR while on the drilling site or when disposed of in a Class II Injection Well

. o Regulated by ODH if not either on the drilling site or disposed of in a Class II Injection Well. o Owner of the material shall test the material and store on site until test results are received;

### O&G E&P Waste

- Ohio
► ODNR (cont’d)

▪ TENORM o May temporarily store the material adjacent to the well site until test results are received; or o May transport the material to another oil & gas site that has received a permit or order (Chief’s Order) under 1509.22 ORC and have the material tested. o TENORM testing is not required if the material is:

▪ Used down
- hole at a horizontal well;

▪ Disposed of at a class 2 injection well; or

▪ Lawfully disposed of out of state.

### O&G E&P Waste

- Ohio
► ODNR (cont’d)

▪ Assumptions o TENORM until demonstrated otherwise through analysis. o When regulated by ODH, the owner shall comply with all TENORM requirements specified in Chapter 3701:1
- 43 of the Ohio Administrative Code.

### O&G E&P Waste

- Ohio
► OEPA

▪ Responsible for o Solid waste management for materials taken off site for disposal.

▪ RCRA Subtitle C (hazardous waste) exemption applies to certain O&G waste.

▪ Drill cuttings that have contacted sources of contamination (e.g. synthetic drilling muds, oils and chemical additives) are contaminated soil  shipped offsite for disposal a permitted solid waste disposal facility or  beneficially reused (with authorization).

### O&G E&P Waste

- Ohio
► OEPA (cont’d)

▪ Non
- Exempt Wastes require sampling and analysis in accordance with the disposal facility’s Waste Analysis Plan (WAP)

▪ Hydraulic fracturing water, flow back water, produced water, and brine must be sent to a permitted UIC well

### O&G E&P Waste

- Ohio
► ODH

▪ Regulates TENORM

▪ TENORM is naturally occurring radioactive material whose radionuclide concentrations are increased by or as a result of past or present human practices. Does not include drill cuttings, natural background radiation, or the natural radioactivity of rocks or soils.

▪ Numerically, a material must be handled as TENORM if Ra 226 and 228 concentrations are > 5 pCi/g above background (assumed to be 2 pCi/g) or 7 pCi/g total

### O&G E&P Waste

- Ohio
► ODH (cont’d)
o Drill cuttings are NORM (exempt from TENORM testing). May contain a de minimis residual coating of muds.

▪ Drill cuttings and drill cuttings mixed with aquifer water can be stabilized on the well pad or at a permitted stabilization facility so they can meet paint filter tests at the landfill

.  Various materials used to stabilize

▪ Drill cuttings (Top Hole) generated from air or water - based muds are excluded from the definition of a solid waste 

### .  Unless contacting a contamination source  Can be used as daily cover

### O&G E&P Waste

- Ohio
► ODH (cont’d)
o Recycled drilling mud

– TENORM o Recycled hydraulic fracturing water, flow back water, and brine

– TENORM o Spent tank bottoms

– TENORM o Filtrate , either liquid or solid, that results from, created during, processing and/or recycling of used hydraulic fracturing water, flow back water, or produced water

– TENORM o Used hydraulic fracturing sands

– TENORM o Pipe Scale

– TENORM o The disposal facility must have the representative sample results prior to accepting this material

.

### O&G E&P Waste

- Ohio
► ODH (cont’d )

▪ ODH specifies acceptable analytical methods for assaying Radium
- 226 (Ra
- 226) and Radium
- 228 (Ra
- 228) to ensure: o All waste containing TENORM has been accurately assayed for using an ODH acceptable analytical method; and o The reporting limit for “ combined Ra
- 226 / Ra
- 228” concentration for waste must be <5 pCi/g excluding natural background radiation to be exempt determination to be made o Natural background is assumed to be 2 pCi /g

. Therefore, results must be <7 pCi /g.

### O&G E&P Waste

- Ohio
► ODH (cont’d)

▪ TENORM loads accepted at solid waste landfills must be accompanied by lab results referencing analytical methods recognized ODH

.
▪ A representative composite sample must be obtained from each container used to collect waste defined as TENORM. (Note: Taking one sample for a production operation or geographic region is not acceptable

.

### O&G E&P Waste

- Ohio
► ODH ( cont’d)

▪ Acceptable Laboratory Method for Ra
- 226 and 228
o Method 901.1M (EPA 2009)

▪ High
- Purity Germanium (HPGe) detectors or equivalent gamma spectroscopy
o This method does not include specifics on sample preparation, which should include 21
- day ingrowth for measuring radon daughters and include reporting Ra
- 228 in secular equilibrium with Ac
228.

### O&G E&P Waste

- Ohio
► ODH (cont’d )

▪ Acceptable In
- Situ Method for Ra
- 226 and 228 (as of 2/20/14)
o Method: ODH In
- Situ (License #03219510000)

▪ In
- situ gamma spectroscopy using Canberra’s ISOCS system. o Direct measurement technique for gamma emitting radionuclides in a specific volume.

▪ An individual may submit for approval of a modification to the listed analytical methods or approval of a proposed alternate to the analytical methods

### O&G E&P Waste

- Ohio 

## ► ODH (cont’d)

▪ Individuals handling TENORM waste must: o Evaluate their operations to determine which waste streams are TENORM. o Utilize a sampling and analysis plan specifying the sampling method and technique to collect a representative sample and the use of an ODH approved analytical method.

### O&G E&P Waste

- Ohio 

## ► ODH (cont’d)

▪ Individuals handling TENORM waste must: o Collect a representative composite sample(s) is/are obtained from each container of TENORM waste. o Systematic stratified or composite sampling may be required for waste stored in large storage tanks that contain liquids, semi
- solid muds, sediments and/or moist solids. o Methods may include time compositing, spatial compositing, or discrete depth sampling o Compositing samples collected solely in the upper or lower region is not acceptable.

### O&G E&P Waste

- Ohio



### ▪ ODH Document “Guidance for Sampling Waste Containing Technologically Enhanced Naturally Occurring Radioactive Material ( TENORM )” dated 2/20/14

### O&G E&P Waste

- Ohio 

## ► QUESTIONS? ► Contact Information: Thomas L. Maher, Jr., P.G. Principal Civil & Environmental Consultants, Inc. 333 Baldwin Road Pittsburgh , PA 15205 Toll
- Free: 800 - 365 - 2324 Direct : 412 - 249 - 3135 Mobile: 412 - 977 - 7856 Email: tmaher@cecinc.com