Client Alert: Ohio EPA Releases Draft Guidance Documents on the Impact of HB 59

House Bill (HB) 59, which becomes effective on September 29, 2013, amended several sections of Ohio law governing the disposal of waste substances generated from oil and gas production operations.  On September 16, 2013, Ohio EPA released three draft Guidance documents to facilitate the implementation of the new oil and gas-related waste management requirements:

1. Impact of HB 59 on Solid Waste Landfills and Transfer Facilities
2. Municipal Solid Waste Landfill Daily Log of Operations
3. Fact Sheet: Drill Cuttings from Oil and Gas Exploration in the Marcellus and Utica Shale Regions of Ohio

Specifically, the guidance documents clarify the definition and management of drilling muds and drill cuttings and address the disposal of wastes containing TENORM at solid waste landfills.

It is our understanding that the draft guidance documents will be subject to Early Stakeholder Outreach public comment, which will commence at the end of September.