On May 13, 2014, Ohio EPA published notice of an Early Stakeholder Outreach (ESO) regarding the beneficial use of material from a horizontal well that has come into contact with refined oil-based substances that are not TENORM. Ohio EPA, pursuant to R.C. 3734.125, is considering either (1) developing a rule requiring an Ohio EPA authorization for such beneficial use (case specific to the material, beneficial use, and location of the use), or (2) including the beneficial use of such material in Ohio EPA’s broader beneficial use regulatory program.

The ESO is the first stage of the rulemaking process and gives stakeholders an opportunity to provide input prior to Ohio EPA’s development of interested party draft rules. Comments must be submitted on or before June 16, 2014.