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 (NonHazardous) 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 Ac228.
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