Hydraulic fracturing started in Ohio in the 1950s. At present, over 80,000 wells have been fractured within the state, most of which are vertical wells. To date, state agencies have not reported a single water contamination accident related to hydraulic fracturing. Despite this ‘clean record,’ Ohio has recently introduced more stringent regulations aimed at minimizing the risk of contamination of surface water and groundwater.

Regulations and standards related to hydraulic fracturing are contained in Chapter 1509 of the Ohio Revised Code (ORC). These laws were amended with the passage of Senate Bill 165, which became effective on June 30, 2010. The compliance with the state regulation is overseen by the Division of Oil and Gas Resources Management of the Ohio Department of Natural Resources.

Operators have a duty to provide detailed information on the franking fluid. The information required include: the type, volume and concentration of acid used, the type and volume of fluid used to stimulate the well, the reservoir breakdown pressure, the method used for the containment of fluids recovered, and the average pumping rate and return volumes.

Operators are also required to submit MSDS sheets. If identifiable chemical ingredients of the fracking’ fluid is not included on the MSDS, Division of Mineral Resources Management (DMRM) can request submission of the specific chemical information. If the operator fails to provide this information a range of enforcement actions may be taken.

Operators must notify DMRM at least 24 hours before the planned hydraulic fracturing operations. During the hydraulic fracturing operations the annulus between the surface and production casings is kept open and is filled with fluid. If circulation from the annulus is observed during hydraulic fracturing, operations must be immediately terminated and the DMRM must be notified.

In Ohio, most of hydraulic fracturing operations occur in vertical wells, which use relatively low volumes of water. Most companies use surface water for operations. The Division of Soil and Water Resources of Ohio Department of Natural Resources (ODNR) must be notified if the water withdrawal exceeds 100,000 gallons per day. A permit may be required if large volumes of hydraulic fracturing occurs in locations where a river basin commission or other watershed authority has jurisdiction.

Recycling of flowback water is allowed in Ohio, however, it happens rarely due to small size of fracturing operation in the state and related transportation costs.

Fluid wastes from hydraulic fracturing operations are subject to numerous requirements. These fluids must be transported by registered haulers or by designated pipeline. The haulers have a duty to report the volumes transported. Flowback fluids from hydraulic fracturing operations may not be spread on roads. Disposal of fluid waste by injection at a permitted Class II well is the most common practice (98 percent) in the state – there are 170 permitted Class II disposal wells in Ohio.