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Ohio Utica Shale

U.S. EPA: Drillers must comply with EPCRA requirements

By Bob Downing Published: October 14, 2013

Last April, a grass-roots Ohio group filed a petition that argued Ohio illegally tried to exempt oil and gas companies from complying with federal emergency planning and citizen reporting requirements under the Emergency Planning and Community Right-to-Know Act (EPCRA), says Joe Koncelik, a blogger with the Ohio Environmental Law Blog and a former Ohio EPA director.

In 2001, the Ohio General Assembly adopted Ohio Revised Code (R.C.) 3750.081, Compliance by Oil & Gas Facilities: Use of Electronic Database which provided an alternative to EPCRA's reporting requirements.

The State believed the state and federal reporting requirements were "overlapping" and, therefore, felt R.C. 3750.081 was necessary to eliminate potentially duplicative reporting requirements.

In response to the citizen's petition, U.S. EPA determined that Ohio law does not supersede the reporting requirements of EPCRA.

Therefore, U.S. EPA determined oil & gas well owners and operators must separately comply with EPCRA and file information with local agencies.

Click  here to read the full story from the Ohio Environmental Law Blog.

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