OEPA
Definition
The Ohio Environmental Protection Agency (OEPA) has several regulatory
divisions that play different roles in environmental protection. Each division
issues permits to regulate industries that pollute in a specific area, like air
emissions or wastewater discharges to rivers and streams. The permits
include requirements for operating, monitoring and reporting compliance.
link: www.epa.state.oh.us
Discussion
With regard to oil and gas production, OEPA's regulatory authority focuses
on ensuring drilling activity is conducted to protect water resources. Ohio
EPA’s water quality certification requirements help reduce impacts to
wetlands, streams, rivers or other waters of the state from the construction
of a drill site.
Depending on the size and duration, for units or activities at the site that
emit air pollutants, OEPA may require a permit-to-install and operate
(PTIO). A general permit is available for emissions associated with the
production phase of the oil or gas well. Where drill cuttings come into
contact with sources of contamination (e.g. synthetic drilling muds, oils and
chemical additives) and cuttings are to be shipped off-site for disposal,
OEPA considers these materials contaminated soil, which must be
managed as a solid waste.
These solid wastes must be sent to a permitted solid waste disposal facility.
Ohio EPA will also consider proposals to beneficially reuse contaminated
soils. If a company is interested in beneficially reusing contaminated soils,
it must get authorization for this activity from Ohio EPA’s Division of
Materials and Waste Management (DMWM) prior to sending the cuttings
off-site.
Shale Development in Ohio offers more information and a summary of
ODNR and Ohio EPA regulatory authority over oil/gas drilling and
production activities.
The Ohio Department of Natural Resources, Division of Mineral Resources
Management (ODNR-DMRM) has primary regulatory authority over oil and
gas drilling activity in Ohio, including rules for well construction, siting,
design and operation.
ODNR-DMRM regulates brine disposal in Ohio, including permitting and
oversight of Class II underground injection wells used for disposal of waste
fluids from oil and gas drilling/production operations. ODNR also registers
transporters hauling these fluids in Ohio.
Air Permitting
from: Air Quality Issues for Oil and Gas Permitting in Ohio, by Kris
Macoskey, QEP, Principal at Civil & Environmental Consultants, Inc., and
presented 9/6/2012.
Activities performed during drilling & fracturing are “generally exempt” from
air permitting in Ohio because:
1. Activity is Temporary (< 2-year duration)
2. Sources are often de minimis (< 10 lb/day & 1 tpy HAP)
3. Diesel engines are subject to EPA standards
Storage tanks, dehydration units, engines, flares/combustors, leaks, tanks
& truck loading, roadway traffic and production units involved with well-site
production operations are generally not exempt.
There are General Permits for:
GP 12 – Oil & Gas Well-Site Production Operations
Released January 2012
Scope: “…all operations involved in an oil and gas well site during the
production phase of the well.”
Differs from other OEPA General Permits in that it applies to multiple
specific emission sources
GP 5 – Roadways and Parking
GP 9 – Portable Diesel Engines
Other sources may require an Individual Permit. For example, fracturing
fluid storage pounds are not included in GP 12.
There are "qualifying criteria" (21 questions) to determine if the operation is
eligible for GP 12.
The criteria include questions about potential emissions from the site, the
size of condensate tanks, engine horsepower, gas-fired boilers, the design
and operation of flares and combustors, and dehydration units.
For the General Permit, construction may start prior to receipt of permit but
the permit must be obtained before utilities are connected to any regulated
equipment. Operation cannot be commenced until final permit is issued.
If an individual permit is required, receipt of the permit may be required
before starting construction.
The process to obtain an individual permit typically takes four months or
longer and includes:
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Applicant Defines Project
Applicant Hires Consultant (or not)
Permit Application Preparation (consultant and/or applicant)
Permit Application Submitted
Permit Application Completeness Review (OEPA)
Permit Application Technical Review (OEPA)
Draft Permit Issuance and review/comment by Applicant
Revised Final Permit Issuance by OEPA
30-day Public Comment Period (if non-General Permit)
Response to Comments by OEPA and Final Permit Issued