Legislative Service Commission -507- Am. Sub. H.B. 59
As Passed by the General Assembly
Material safety data sheet
(R.C. 1...
Legislative Service Commission -508- Am. Sub. H.B. 59
As Passed by the General Assembly
--Prior to the collection of repre...
Legislative Service Commission -509- Am. Sub. H.B. 59
As Passed by the General Assembly
Infectious Wastes Law and rules ad...
Legislative Service Commission -510- Am. Sub. H.B. 59
As Passed by the General Assembly
(2) Develop procedures to ensure t...
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Ohio House Bill 59 Provisions for TENORM

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The omnibus House Bill 59, passed by the Ohio state legislature in 2013. This short extract of that massive 699-page bill deals with new procedures for how Ohio's Oil & Gas drillers, including Utica Shale drillers, must handle potentially radioactive substances created during the drilling process. TENORM means Technologically Enhanced Naturally Occurring Radioactive Material and is material that exists deep below the earth's surface (naturally occurring) that is brought to the surface during drilling operations. The new rules were developed to protect the environment from becoming contaminated.

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Transcript of "Ohio House Bill 59 Provisions for TENORM"

  1. 1. Legislative Service Commission -507- Am. Sub. H.B. 59 As Passed by the General Assembly Material safety data sheet (R.C. 1509.10) The act requires the term "material safety data sheet," as used in the statute governing well completion records in the Oil and Gas Law, to conform to any revision of or change in the term by the Occupational Safety and Health Administration. TENORM and other material from horizontal wells (R.C. 1509.074, 3734.01, 3734.02, 3734.125, 3748.01, and 3748.04) The act establishes requirements and procedures governing technologically enhanced naturally occurring radioactive material as defined by the act (hereafter TENORM) (see below) and other material from horizontal wells. It assigns to the Departments of Natural Resources and Health and the Environmental Protection Agency specific functions and responsibilities regarding those requirements and procedures. Under the Oil and Gas Law, a horizontal well is a well that is drilled for the production of oil or gas in which the wellbore reaches a horizontal or near horizontal position in the Point Pleasant, Utica, or Marcellus formation and the well is stimulated. Department of Natural Resources With regard to material, presumably any material, that results from the construction, operation, or plugging of a horizontal well, the act establishes all of the following requirements and procedures in the Oil and Gas Law: (1) Except as discussed below, the owner of a well or a person that is an authorized agent of the owner (hereafter owner) must determine the concentration of radium-226 and radium-228 in representative samples of the material if the material is TENORM. The owner must provide for the collection and analysis of the representative samples of the material, which must be performed in accordance with requirements approved by the Chief of the Division of Oil and Gas Resources Management. The act does not specify under what authority or in accordance with what procedures the Chief approves those requirements. Additionally, the owner cannot remove the material from the location associated with the production operation of the horizontal well until the analysis is complete and the results are available. However, the owner may do one of the following: --Temporarily store the material in an area adjacent to that location while the results from the analysis are pending if the material is located in an area that is designated by the Division of Oil and Gas Resources Management and the owner complies with all conditions imposed by the Chief; or
  2. 2. Legislative Service Commission -508- Am. Sub. H.B. 59 As Passed by the General Assembly --Prior to the collection of representative samples, transport the material to a location for which a permit or order has been issued under the act for the storage, recycling, treatment, processing, or disposal of brine or other waste substances (see "Brine and other waste substances," above). The owner must provide for the collection of representative samples of the material at that location in the same manner as discussed above and must temporarily store the material at that location while the results from the analysis are pending. The act does not specify any other purpose of the analysis or use of the results. An owner who has obtained results from the collection and analysis must keep and maintain the results for a period of three years. The owner must provide a copy of the results to the Chief upon request. (2) The owner is not required to determine the concentration of radium-226 and radium-228 of the TENORM if any of the following applies: --The material is reused in the horizontal well from where it originated or is transferred to another site for reuse in a horizontal well. For purposes of that provision, a material is reused if the material is used in a substantially similar manner as it was originally used. --The owner disposes of the material at an injection well for which a permit has been issued under continuing law; --The owner uses the material in association with a method of enhanced recovery for which a permit has been issued under ongoing law; or --The material is transported out of the state for lawful disposal, in which case the owner must retain records that substantiate the lawful disposal and provide them to the Chief upon request. (3) Except as discussed above in item (2), the owner must transport and dispose of TENORM in accordance with all applicable laws. (4) If the material is not TENORM and the material has come in contact with a refined oil-based substance, the owner must do one of the following: --If the material is removed from the location associated with the production operation of the well or from a location specified in a permit or order issued under the act for the storage, recycling, treatment, processing, or disposal of brine or other waste substances as discussed above, dispose of the material at a solid waste facility that is authorized to accept the material in accordance with the Solid, Hazardous, and
  3. 3. Legislative Service Commission -509- Am. Sub. H.B. 59 As Passed by the General Assembly Infectious Wastes Law and rules adopted under it, or beneficially use the material in accordance with rules adopted by the Director of Environmental Protection under the act (see below); or --If the material is not removed from the location associated with the production operation of the well, recycle or reuse it with the approval of the Chief. (5) If the material is not TENORM and the material has not come in contact with a refined oil-based substance, the material may be used at the location associated with the production operation of the horizontal well or at another location associated with a production operation. Environmental Protection Agency The act prohibits the owner or operator of a solid waste facility licensed under the Solid, Hazardous, and Infectious Wastes Law (hereafter licensed solid waste facility) from accepting for transfer or disposal TENORM if that material contains or is contaminated with radium-226, radium-228, or both (hereafter contaminated TENORM) at concentrations equal to or greater than five picocuries per gram above natural background. It defines "natural background" as two picocuries per gram or the actual number of picocuries per gram as measured at an individual licensed solid waste facility, subject to verification by the Director of Health. The act does not specify who is required to take the measurements or how it is determined if the two picocuries level or the actual number of picocuries level applies. The owner or operator of a licensed solid waste facility may receive and process, for purposes other than transfer or disposal, contaminated TENORM at concentrations equal to or greater than five picocuries per gram above natural background, provided that the owner or operator has obtained and maintains all other necessary authorizations, including any authorization required by rules adopted by the Director of Health under the Radiation Control Program Law. Under the act, the Director of Environmental Protection may adopt rules in accordance with the Administrative Procedure Act governing the receipt, acceptance, processing, handling, management, and disposal by licensed solid waste facilities of material that contains or is contaminated with radioactive material, including contaminated TENORM at concentrations less than five picocuries per gram above natural background. The rules may include, at a minimum, requirements in accordance with which the owner or operator of a licensed solid waste facility must do both of the following: (1) Monitor leachate and ground water for radium-226, radium-228, and other radionuclides; and
  4. 4. Legislative Service Commission -510- Am. Sub. H.B. 59 As Passed by the General Assembly (2) Develop procedures to ensure that TENORM accepted at the facility neither contains nor is contaminated with radium-226, radium-228, or both at concentrations equal to or greater than five picocuries per gram above natural background. Additionally, the act prohibits the owner or operator of a licensed solid waste facility from receiving, accepting, processing, handling, managing, or disposing of TENORM associated with drilling operations without first obtaining representative analytical results to determine compliance with the above provisions and rules adopted by the Director under them. The act defines "drilling operation" to include a production operation as that term is defined in the Oil and Gas Law, which defines "production operation" in part as all operations and activities and all related equipment, facilities, and other structures that may be used in or associated with the exploration and production of oil, gas, or other mineral resources that are regulated under that Law. Under the act, the Director may adopt rules in accordance with the Administrative Procedure Act establishing requirements governing the beneficial use of material from a horizontal well that has come in contact with a refined oil-based substance and that is not TENORM. The act expands the definition of "beneficially use" in the Solid, Hazardous, and Infectious Wastes Law to include, with regard to material from a horizontal well as described above, to use the material in any manner authorized as a beneficial use in rules adopted by the Director under the act. Department of Health The act requires the Director of Health to adopt rules in accordance with the Administrative Procedure Act establishing requirements governing TENORM and requiring the maintenance of records on the receipt, use, storage, transfer, and disposal of TENORM. It stipulates that the rules must not apply to naturally occurring radioactive material. The act defines "technologically enhanced naturally occurring radioactive material" as naturally occurring radioactive material with radionuclide concentrations that are increased by or as a result of past or present human activities, excluding drill cuttings, natural background radiation, byproduct material, or source material. "Naturally occurring radioactive material" is defined by the act to mean material that contains any nuclide that is radioactive in its natural physical state, excluding source material, byproduct material, or special nuclear material. "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. "Byproduct material," "source material," and "special nuclear material" are defined in the continuing Radiation Control Program Law.

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