If there is a good part to this little gas/oil drilling drama, it's that an awareness is growing about the rather serious flaws in Ohio HB278. If you assume that our legislators have built in safeguards -- formal environmental studies, public discussion, and EPA oversight -- you are in for a shock.
Many are still unaware that ODNR in Columbus now assumes total control over drilling of gas and oil wells. In addition to superseding local regulations and zoning limitations :
1) HB278 requires no environmental study of a proposed well site.
2) HB278 does not obligate ODNR to seek the advice of EPA on the environmental impact of a well.
3) HB278 sets no precise standards for site assessment. The final decision making process is granted to the “chief” of the division. This lack of proper research, combined with absolute regulatory power, leads us to hope that the individual tasked with this responsibility will be both omniscient and infallible.
If you expect relief from the Federal Clean Water Act, you will be similarly disappointed. Per the EPA website, “Wastes generated during the exploration, development, and production of crude oil, natural gas, and geothermal energy are categorized by EPA as "special wastes" and are exempt from federal hazardous waste regulations under Subtitle C of the Resource Conservation and Recovery Act (RCRA).
http://www.epa.gov/epaoswer/other/oil/index.htm#state
If you are concerned that this legislation has eliminated the safeguards provided by local control and public discussion, please share those thoughts with your elected representatives.
Ralph Birnbaum
12-14-07
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