MDN’s Guide to New TENORM Rules for OH Utica Drillers
Last year, the Ohio state legislature passed an omnibus “everything but the kitchen sink is in there” bill (HB59) that covered, among other things, a requirement that oil and gas drillers need to test drilling waste for TENORM–or Technologically Enhanced Naturally Occurring Radioactive Material. Drillers need to test for TENORM (or naturally occurring radioactivity) in wastewater and drill cuttings under certain conditions, according to the legislation. MDN tracked down House Bill 59 and read it. We include the relevant section from the massive 699-page law below.
It appears to MDN’s eye that if OH shale drillers recycle the waste and re-use it on site (in the case of fluids), there is no need to test. Likewise, if they cart fluids to another nearby drill site for re-use, no need to test. If they dispose of it via a Class II injection well–no need to test. That covers about all of the ways Utica drillers handle liquid waste. It seems to us the only real requirement will be to test drill cuttings (leftover rock and dirt) for radioactivity before disposing of them in landfills. The reason this is news now is because the Ohio Dept. of Health was charged with drafting guidelines for how such materials should be sampled and analyzed to determine whether TENORM levels are high enough to warrant special treatment. The DOH recently released those guidelines, which OH drillers will now need to pay attention to when it comes to testing at the drill site…
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In one of the biggest (perhaps the biggest) fines levied by the Pennsylvania Dept. of Environmental Protection (DEP), Halliburton has been fined $1.8 million for storing and treating hydrochloric acid (HCl) at a facility in Homer City, PA (about 50 miles from Pittsburgh). The HCl shipped and treated at the Homer City site happened over a 13-year period of time from 1999-2011, meaning most of it came from conventional natural gas well sites, although some it likely came from Marcellus Shale sites too (the conventional/unconventional split is not identified in the DEP paperwork). Marcellus drilling in PA didn’t ramp up until around 2006-2007. The DEP says Halliburton had claimed exemption from the state’s Solid Waste Management Act of 1980 for their Homer City facility, saying they were shipping and storing very small amounts of HCl at the facility when in fact that was not the case. Based on their false claim, Halliburton was given a pass on inspections, paperwork filing, signage, and the requirement to use certified hazardous waste haulers on more than 250 truck trips in and out of the facility–hauling HCl. Halliburton was in the wrong, they now acknowledge it (having been caught), and they’ve been levied a steep fine.
The fear-mongering continues by those who oppose shale drilling. One of the scare tactics used by anti-drillers is to say that frack wastewater and drill cuttings (leftover rock and dirt) are loaded with radiation and by disposing of it in landfills and via wastewater recycling facilities we’ll all end up irradiated, dying long slow deaths from cancer. Or worse yet, we’ll all become radioactive zombies. Hey, maybe someone could make a movie about that! (Unbelievably, they already have: seeÂ