United States
Environmental Protection
L Agency
xemption of Oil an
Gas Exploration and
Production Wastes from
Federal Hazardous Waste
Regulations
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Cover photo: Oil Production, Bakersfield, California
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ntroduction
This publication provides an understanding of the exemption
of certain oil and gas exploration and production (E&P)
wastes from regulation as hazardous wastes under Subtitle C
of the Resource Conservation and Recovery Act (RCRA).
The information contained in this booklet is intended to fur-
nish the reader with:
A basic background on the E&P exemption.
Basic rules for determining the exempt or non-
exempt status of wastes.
Examples of exempt and non-exempt wastes.
status of E&P waste mixtures.
Clarifications of several misunderstandings about
the exemption.
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Answers to frequently asked questions.
Recommendations for sensible waste management.
Additional sources of information.
The American Petroleum Institute (API) estimated that 149
million barrels of drilling wastes, 17.9 billion barrels of pro-
duced water and 20.6 million barrels of other associated
wastes were generated in 1995 from exploration and produc-
tion (E&P) operations.
Once generated, managing these wastes in a manner that
protects human health and the environment is essential for
limiting operators' legal and financial liabilities and also
makes good business sense. Operators must also determine if
the waste is subject to hazardous waste regulations. At times
this determination is misunderstood and can lead to improp-
er waste management decisions.
Drilling waste volumes are directly related to the level of
drilling activity. API data show that the total footage
drilled for all oil and gas wells dropped from 315.4 mil-
lion feet in 1985 to 118 million feet in 1995, a decrease
of 60 percent. A corresponding drop in the volume of
drilling waste, from 361 million barrels in 1985, to 149
million barrels in 1995, was estimated.
On the other hand, as hydrocarbons from producing
wells deplete, produced water volumes typically increase.
API has estimated that the average volume of produced
water increased from 6 barrels of water per barrel of oil
in 1985, to 7.5 barrels of water per barrel of oil in 1995.
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Prudent waste management decisions, even for nonhaz-
ardous wastes, should be based on the inherent nature of the
waste. Not all waste management options are appropriate for
every waste. Operators also should be familiar with state and
federal regulations governing the management of hazardous
and nonhazardous wastes.
The preferred option for preventing pollution is to avoid gen-
erating wastes whenever possible (source reduction).
Examples include process modifications to reduce waste vol-
umes and materials substitution to reduce toxicity.
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Understanding the procedures for determining the exempt or
nonexempt status of a waste is a valuable tool, especially for
operators who choose to develop voluntary waste manage-
ment plans. When these procedures are used in conjunction
with a knowledge of the nature of the waste, the operator will
be better prepared to develop site-specific waste manage-
ment plans and to manage E&P wastes in a manner that pro-
tects human health and the environment.
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cope of the Exemption
In December 1978, EPA proposed hazardous waste manage-
ment standards that included reduced requirements for sev-
eral types of large volume wastes. Generally, EPA believed
these large volume "special wastes" are lower in toxicity than
other wastes being regulated as hazardous waste under
RCRA. Subsequently, Congress exempted these wastes from
the RCRA Subtitle C hazardous waste regulations pending a
study and regulatory determination by EPA. In 1988, EPA
issued a regulatory determination stating that control of E&P
wastes under RCRA Subtitle C regulations is not warranted.
Hence, E&P wastes have remained exempt from Subtitle C
regulations. The RCRA Subtitle C exemption, however, did not
preclude these wastes from control under state regulations,
under the less stringent RCRA Subtitle D solid waste regula-
tions, or under other federal regulations. In addition,
although they are relieved from regulation as hazardous
wastes, the exemption does not mean these wastes could not
present a hazard to human health and the environment if
improperly managed.
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Among the wastes covered by the 1978 proposal were "gas
and oil drilling muds and oil production brines." The oil and
gas exemption was expanded in the 1980 legislative amend-
ments to RCRA to include "drilling fluids, produced water,
and other wastes associated with the exploration, develop-
ment, or production of crude oil or natural gas...."
(Geothermal energy wastes were also exempted but are not
addressed by this publication.)
According to the legislative history, the term "other wastes
associated" specifically includes waste materials intrinsically
derived from primary field operations associated with the
exploration, development, or production of crude oil and
natural gas. The phrase "intrinsically derived from the pri-
mary field operations" is intended to distinguish exploration,
development, and production operations from transportation
and manufacturing operations.
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With respect to crude oil,
primary field operations
include activities occur-
ring at or near the well-
head and before the point
where the oil is trans-
ferred from an individual
field facility or a centrally
located facility to a carrier
for transport to a refinery
or a refiner.
With respect to natural
gas, primary field opera-
tions are those activities
occurring at or near the
wellhead or at the gas
plant, but before the
point where the gas is transferred from an individual field
facility, a centrally located facility, or a gas plant to a carrier
for transport to market. Examples of carriers include trucks,
interstate pipelines, and some intrastate pipelines.
Primary field operations include exploration, development,
and the primary secondary, and tertiary production of oil or
gas. Crude oil processing, such as water separation, de-
emulsifying, degassing, and storage at tank batteries associat-
ed with a specific well or wells, are examples of primary field
operations. Furthermore, because natural gas often requires
processing to remove water and other impurities prior to
entering the sales line, gas plants are considered to be part of
production operations regardless of their location with
respect to the wellhead.
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In general, the exempt status of an E&P waste depends on how
the material was used or generated as waste, not necessarily
whether the material is hazardous or toxic. For example, some
exempt E&P wastes might be harmful to human health and the
environment, and many non-exempt wastes might not be as
harmful. The following simple rule of thumb can be used to
determine if an E&P waste is exempt or non-exempt from
RCRA Subtitle C regulations:
* Has the waste come from down-hole, i.e., was it brought
to the surface during oil and gas E&P operations?
* Has the waste otherwise been generated by contact with
the oil and gas production stream during the removal of
produced water or other contaminants from the product?
If the answer to either question is yes, then the waste is likely
considered exempt from RCRA Subtitle C regulations. It is
important to remember that all E&P wastes require proper
management to ensure protection of human health and the
environment.
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xempt and
Non-Exempt Wastes
In its 1988 regulatory determination, EPA published the fol-
lowing lists of wastes that were determined to be either
exempt or non-exempt. These lists are provided as examples
of wastes regarded as exempt and non-exempt and should
not be considered to be comprehensive. The exempt waste
list applies only to those wastes generated by E&P operations.
Similar wastes generated by activities other than E&P opera-
tions are not covered by the exemption.
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Exempt
Produced water
Drilling fluids
Drill cuttings
Rigwash
Drilling fluids and cuttings
from offshore operations dis-
posed of onshore
Geothermal production fluids
Hydrogen sulfide abatement
wastes from geothermal ener-
gy production
Well completion, treatment,
and stimulation fluids
Basic sediment, water, and
other tank bottoms from stor-
age facilities that hold prod-
uct and exempt waste
Accumulated materials such
as hydrocarbons, solids,
sands, and emulsion from
production separators, fluid
treating vessels, and produc-
tion impoundments
Pit sludges and contaminated
bottoms from storage or dis-
posal of exempt wastes
Gas plant dehydration wastes,
including glycol-based com-
pounds, glycol filters, and fil-
ter media, backwash, and
molecular sieves
Workover wastes
Cooling tower blowdown
Gas plant sweetening wastes
for sulfur removal, including
amines, amine filters, amine
filter media, backwash, pre-
cipitated amine sludge, iron
sponge, and hydrogen sulfide
scrubber liquid and sludge
Spent filters, filter media, and
backwash (assuming the filter
itself is not hazardous and the
residue in it is from an
exempt waste stream)
Pipe scale, hydrocarbon
solids, hydrates, and other
deposits removed from piping
and equipment prior to trans-
portation
Produced sand
Packing fluids
Hydrocarbon-bearing soil
Pigging wastes from gathering
lines
Wastes from subsurface gas
storage and retrieval, except
for the non-exempt wastes
listed on page 11
Constituents removed from
produced water before it is
injected or otherwise dis-
posed of
Liquid hydrocarbons removed
from the production stream
but not from oil refining
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Gases from the production
stream, such as hydrogen sul-
fide and carbon dioxide, and
volatilized hydrocarbons
Materials ejected from a pro-
ducing well during blowdown
Waste crude oil from primary
field operations
Light organics volatilized
from exempt wastes in
reserve pits, impoundments,
or production equipment
Non-Exempt Wastes
Unused fracturing fluids or
acids
Gas plant cooling tower
cleaning wastes
Painting wastes
Waste solvents
Oil and gas service company
wastes such as empty drums,
drum rinsate, sandblast
media, painting wastes, spent
solvents, spilled chemicals,
and waste acids
Vacuum truck and drum rin-
sate from trucks and drums
transporting or containing
non-exempt waste
Refinery wastes
Liquid and solid wastes gen-
erated by crude oil and tank
bottom reclaimers '
Used equipment lubricating
oils
Waste compressor oil, filters,
and blowdown
Used hydraulic fluids
Waste in transportation
pipeline related pits
Caustic or acid cleaners
Boiler cleaning wastes
Boiler refractory bricks
Boiler scrubber fluids,
sludges, and ash
Incinerator ash
Laboratory wastes
Sanitary wastes
Pesticide wastes
Radioactive tracer wastes
Drums, insulation, and mis-
cellaneous solids
Although non-E&P wastes generated from crude oil and tank bottom reclamation oper-
ations (e.g., waste equipment cleaning solvent) are non-exempt, residuals derived from
exempt wastes (e.g., produced water separated from tank bottoms) are exempt. For a
further discussion, see the Federal Register notice. Clarification of the Regulatory
Determination for Waste from the Exploration, Development, and Production of Crude
Oil, Natural Gas and Geothermal Energy, March 22, 1993, Federal Register Volume 58,
Pages 15284to 15287.
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Exempt/Non-Exempt Wastes
Yes
L»*
Waste From
Exploration,
Development,
or Production''
Ires
1
Associated?
iYes
Watfp lUliYtnrp?
No
Exempt From
RCRA Subtitle C
(Subject to
Subtitle D and
Other State
and Federal
Statutes)
See Mixture
Flowchart
No
Mn
Listed
Waste?
iNo
Exhibit
Hazardous
Characteristic?
1 No
Non-hazardous
Waste (Subject
to Subtitle D
and Other State
and Federal
Statutes)
Waste Subject
to RCRA
Subtitle C
Yes
Yes
__^^-
-«-l
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ixing Wastes
Mixing wastes, particularly exempt and non-exempt wastes,
creates additional considerations. Determining whether a
mixture is an exempt or non-exempt waste requires an
understanding of the nature of the wastes prior to mixing
and, in some instances, might require a chemical analysis of
the mixture. Whenever possible, avoid mixing non-exempt
wastes with exempt wastes. If the non-exempt waste is a list-
ed or characteristic hazardous waste, the resulting mixture
might become a non-exempt waste and require management
under RCRA Subtitle C regulation. Furthermore, mixing a
characteristic hazardous waste with a non-hazardous or
exempt waste for the purpose of rendering the hazardous
waste non-hazardous or less hazardous might be considered
a treatment process subject to appropriate RCRA Subtitle C
hazardous waste regulation and permitting requirements.
NOTE: In a policy letter dated September 25, 1997, EPA clarified that a mixture is exempt
if it contains exempt oil and gas exploration and production (E&P) waste mixed with
non-hazardous, non-exempt waste. Mixing exempt E&P waste with non-exempt charac-
teristic hazardous waste, however, for the purpose of rendering the mixture non-haz-
ardous or less hazardous, could be considered hazardous waste treatment or
impermissible dilution.
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Below are some basic guidelines for determining if a mixture is
an exempt or non-exempt waste under the present mixture rule.
+ A mixture of an exempt waste with another exempt waste
remains exempt.
Example: A mixture of stimulation fluid that returns from
a well with produced water results in an exempt waste.
+ Mixing a non-hazardous waste (exempt or non-exempt)
with an exempt waste results in a mixture that is also
exempt.
Example: If non-hazardous wash water from rinsing road
dirt off equipment or vehicles is mixed with the contents
of a reserve pit containing only exempt drilling waste, the
wastes in the pit remain exempt regardless of the charac-
teristics of the waste mixture in the pit.
+ If, after mixing a non-exempt characteristic hazardous
waste with an exempt waste, the resulting mixture
exhibits any of the same hazardous characteristics as the
hazardous waste (ignitability, corrosivity, reactivity, or
toxicity), the mixture is a non-exempt hazardous waste.
Example: If, after mixing non-exempt caustic soda
(NaOH) that exhibits the hazardous characteristic of cor-
rosivity in a pit containing exempt waste, the mixture also
exhibits the hazardous characteristic of corrosivity as
determined from pH or steel corrosion tests, then the
entire mixture becomes a non-exempt hazardous waste.
Example: If, after mixing a non-exempt solvent containing
benzene with an exempt waste also containing benzene,
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the mixture exhibits the hazardous characteristic for ben-
zene, then the entire mixture becomes a non-exempt haz-
ardous waste.
+ If, after mixing a non-exempt characteristic hazardous
waste with an exempt waste, the resulting mixture does
not exhibit any of the same characteristics as the haz-
ardous waste, the mixture is exempt. Even if the mixture
exhibits some other characteristic of a hazardous waste,
it is still exempt.
Example: If, after mixing non-exempt hydrochloric acid
(HC1) that only exhibits the corrosive characteristic with
an exempt waste, the mixture does not exhibit the haz-
ardous characteristic of corrosivity but does exhibit some
other hazardous characteristic such as toxicity, then the
mixture is exempt.
Example: If, after mixing a non-exempt waste exhibiting
the hazardous characteristic for lead with an exempt
waste exhibiting the characteristic for benzene, the mix-
ture exhibits the characteristic for benzene but not for
lead, then the mixture is exempt.
+ Generally, if a listed hazardous waste2 is mixed with an
exempt waste, regardless of the proportions, the mixture
is a non-exempt hazardous waste.
Example: If any amount of leaded tank bottoms from the
petroleum refining industry (listed as waste code K052) is
mixed with an exempt tank bottom waste, the mixture is
considered a hazardous waste and is therefore non-
exempt.
2 Listed hazardous wastes are those wastes listed as hazardous in the Code of Federal
Regulations under Subpart D of 40 CFR Part 261.
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It is also important to emphasize that a mixture of an exempt
waste with a listed hazardous waste generally becomes a
non-exempt hazardous waste regardless of the relative vol-
umes or concentrations of the wastes. However, if the listed
hazardous waste was listed solely for one or more of the char-
acteristics of ignitability corrosivity or reactivity then a mix-
ture of this waste with an exempt waste would only become
non-exempt if the mixture exhibits the characteristic for
which the hazardous waste was listed (i.e., if the mixture is
ignitable, corrosive, or reactive).
Similarly, if a mixture of an exempt waste with a non-exempt
characteristic hazardous waste exhibits any of the same haz-
ardous waste characteristics as the hazardous waste, or if it
exhibits a characteristic that would not have been exhibited
by the exempt waste alone, the mixture becomes a non-
exempt hazardous waste regardless of the relative volumes or
concentrations of the wastes. In other words, for any of these
scenarios, the wastes could become non-exempt even if only
one barrel of hazardous waste were mixed with 10,000 barrels
of exempt waste.
NOTE: The act of mixing a hazardous waste with an exempt waste may be subject to
RCRA regulations affecting hazardous waste treatment, including the need for a permit
(unless the unit or process is otherwise exempt). Moreover, the waste may still be sub-
ject to the 40 CFR 268 Land Disposal Restrictions (LDR) regulations (as applicable),
including the prohibition of dilution as a substitute for adequate treatment.
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Possible Waste Mixtures and
Their Exempt and Non-Exempt Status
Does Mixture
Exhibit Any
Hazardous
Characteristic
Exhibited by
Non-exempt
Waste?
Non-hazardous
Waste
Exempt Waste
Exempt Waste
(See Note on
Previous Page)
Non-exempt
Characteristic
Hazardous
Waste
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(ommon
Misunderstandings
An incomplete understanding of the hazardous waste regula-
tions can result in misinterpretations of the regulatory status
of various wastes. The following are common misunderstand-
ings that arise with the RCRA Subtitle C exemption and haz-
ardous waste determinations.
Misunderstanding: All wastes located at E&P sites are
exempt.
Fact: All wastes located at E&P sites are not necessarily
exempt. To be considered an exempt waste, the waste must
have been generated from a material or process uniquely
associated with the exploration, development, and produc-
tion of crude oil and natural gas. For example, a solvent used
to clean surface equipment or machinery is not exempt
because it is not uniquely associated with exploration, devel-
opment, or production operations. Conversely, if the same
solvent were used in a well, it would be exempt because it
was generated through a procedure that is uniquely associat-
ed with production operations.
+ + +
Misunderstanding: All service company wastes are exempt.
Fact: Not all service company wastes are exempt. As with all
oilfield wastes, only those wastes generated from a material
or process uniquely associated with the exploration and pro-
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duction of oil and gas are considered exempt. The previous
example of solvents used for cleaning equipment and machin-
ery would also apply in this casethe solvent is not an exempt
waste.
Misunderstanding: Unused products are exempt.
Fact: Unused products, if disposed of, are not exempt,
regardless of their intended use, because they have not been
used and therefore are not uniquely associated with the explo-
ration or production of oil and gas. When unused products
become waste (e.g., they are disposed of), they are subject to
RCRA Subtitle C hazardous waste regulations if they are listed
or exhibit a hazardous characteristic.
Misunderstanding: All exempt wastes are harmless to human
health and the environment.
Fact: Certain exempt wastes, while excluded from RCRA
Subtitle C hazardous wastes control, might still be harmful to
human health and the environment if not properly managed.
The exemption relieves wastes that are uniquely associated
with the exploration and production of oil and gas from regu-
lation as hazardous wastes under RCRA Subtitle C but does not
indicate the hazard potential of the exempt waste. Additionally,
some of these wastes might still be subject to state hazardous
or non-hazardous waste regulations or other federal
regulations (e.g., hazardous materials transportation regula-
tions and National Pollutants Discharge Elimination System
(NPDES) or state discharge regulations) unless specifically
excluded from regulation under those laws.
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Misunderstanding: Any mixture of a non-exempt hazardous
waste with an exempt waste becomes an exempt waste.
Fact: Not all mixtures of a non-exempt hazardous waste with
an exempt waste become exempt wastes. Generally, a mixture
of a listed hazardous waste with an exempt waste becomes a
non-exempt hazardous waste.
Also, a mixture of a hazardous waste that exhibits one of the
characteristics of a hazardous waste (ignitability, corrosivity,
reactivity, or toxicity) with an exempt waste, becomes a non-
exempt characteristic hazardous waste if the mixture exhibits
one of the same hazardous characteristics as the original haz-
ardous waste. Conversely, if the mixture does not exhibit one
of the same hazardous characteristics of the hazardous waste,
the mixture becomes a non-hazardous exempt waste.
Remember, mixing a non-exempt hazardous waste with an
exempt waste for the purpose of rendering the hazardous
waste non-hazardous or less hazardous may be considered a
treatment process and must be conducted in accordance
with applicable RCRA Subtitle C regulations.
+ +
Misunderstanding: A waste exempt from RCRA Subtitle C
regulation is also exempt from state and other federal waste
management regulations.
Fact: The exemption applies only to the federal requirements
of RCRA Subtitle C. A waste that is exempt from RCRA
Subtitle C regulation might be subject to more stringent or
broader state hazardous and non-hazardous waste regula-
tions and other state and federal program regulations. For
example, oil and gas exploration and production wastes are
subject to regulation under the Clean Air Act (CAA), Clean
Water Act (CWA), Safe Drinking Water Act (SDWA), and Oil
Pollution Act of 1990 (OPA).
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Irequently Asked
Questions
EPA receives calls on a regular basis requesting answers to
questions related to the E&P exemption. The most common
questions and answers are listed below.
Are RCRA-exempt wastes also exempt under other
federal laws?
f\: Not necessarily. Unless specifically excluded from
regulation under other federal laws, RCRA-exempt
wastes might still be subject to regulation under
authorities other than RCRA.
What is the benefit of the RCRA exemption if the oper-
ator is still liable for cleanups under RCRA?
f\: Although the operator might still be liable for cleanup
actions under RCRA for wastes that pose an imminent
and substantial endangerment to human health and
the environment, the RCRA exemption does allow the
operator to choose a waste management and disposal
option that is less stringent and possibly less costly than
those required under RCRA Subtitle C. The operator,
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however, should make every effort to choose the proper
management and disposal procedures for a particular
waste to avoid the need for later cleanup action.
(): When is a waste considered "uniquely associated with"
exploration and production operations?
f\: A waste is "uniquely associated with" exploration and
production operations if it is generated from a material
or procedure that is necessary to locate and produce
crude oil or natural gas. Also, a waste is "uniquely asso-
ciated with" exploration and production operations if it
is generated from a material or procedure that only
occurs during the exploration and production of crude
oil or natural gas. A simple rule of thumb for identifying
"uniquely associated wastes" is whether the waste came
from downhole or otherwise was generated in contact
with the oil or gas production stream for the purpose of
removing water or other contaminants from the well or
the product.
Are wastes generated from a transportation pipeline
considered exempt wastes under RCRA Subtitle C?
/\: No. The RCRA Subtitle C exemption only applies to
wastes generated from the exploration, development,
and production (i.e., primary field operations) of crude
oil or natural gas. Hence, wastes generated from the
transportation of crude oil or natural gas are not
RCRA-exempt.
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Do exempt wastes lose their exempt status if they
undergo custody transfer and are transported offsite
for disposal?
f\ : No. Custody transfer is used to define the endpoint of
production operations for crude oil and applies only to
the change in ownership of the product (e.g., crude oil).
Exempt wastes maintain their exempt status even if
they undergo custody transfer and are transported off-
site for disposal or treatment.
: Are all wastes generated at facilities that treat or
reclaim exempt wastes also exempt?
: No. The exemption applies only to those wastes derived
from exempt wastes, not to additional wastes generated
by the treatment or reclamation of exempt wastes. For
example, if a treatment facility uses an acid in the treat-
ment of an exempt waste, any waste derived from the
exempt waste being treated is also exempt but the
spent acid is not.
When does transportation begin?
/\: For crude oil, transportation begins at the point of cus-
tody transfer of the oil or, in the absence of custody
transfer, after the endpoint of production separation
and dehydration. Storage of crude oil in stock tanks at
production facilities is considered part of the produc-
tion separation process, not transportation, and is
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included in the exemption. For natural gas, transporta-
tion begins at the point where the gas leaves the facility
after production separation and dehydration at the gas
plant. Natural gas pipelines between the gas well and
the gas plant are considered to be part of the produc-
tion process, rather than transportation, and wastes
that are uniquely associated with production that are
generated along such a pipeline are exempt.
EPA periodically issues interpretive letters regarding the
oil and gas exemption. One such letter was in response
to a request for clarification of the exempt or non-
exempt status of wastes generated at natural gas com-
pressor stations. In some regions, such as the
Appalachian states, natural gas might not require sweet-
ening or extensive dehydration. Therefore, the gas gen-
erally does not go to a gas plant but is carried from the
wellhead to a main transmission line and, in some
cases, directly to the customer. Compressor stations are
located as needed along the pipelines that run between
the wellhead and the main transmission line or the cus-
tomer to maintain pressure in the lines. The Agency has
taken the position that these compressor stations (in
the absence of gas plants, and handling only local pro-
duction) should be treated the same as gas plants, and
that wastes generated by these compressor stations are
exempt. On the other hand, compressor stations located
along main gas transmission lines are considered to be
part of the transportation process, and any wastes gen-
erated by these compressor stations are non-exempt.
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Iensible Waste
Management
Sensible waste management begins with "good housekeep-
ing." Prudent operators design E&P facilities and processes to
minimize potential environmental threats and legal liabilities.
EPA promotes sensible waste management practices through
a number of joint efforts with organizations such as API, indi-
vidual states, and the Interstate Oil and Gas Compact
Commission (IOGCC). The following waste management sug-
gestions have been compiled from publications produced by
these organizations as well as from literature available from
industry trade associations, trade journals, and EPA.
- , , . -,
«', '»,«,-' '. ' ^,-1 "Vf
25
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Suggested E&P Waste
Management Practices
Size reserve pits properly to
avoid overflows.
Use closed loop mud systems
when practical, particularly
with oil-based muds.
Review material safety data
sheets (MSDSs) of materials
used, and select less toxic
alternatives when possible.
Minimize waste generation,
such as by designing systems
with the smallest volumes
possible (e.g., drilling mud
systems).
Reduce the amount of excess
fluids entering reserve and
production pits.
Keep non-exempt wastes out
of reserve or production pits.
Design the drilling pad to
contain stormwater and rig-
wash.
Recycle and reuse oil-based
muds and high density brines
when practical.
Perform routine equipment
inspections and maintenance
to prevent leaks or emissions.
Reclaim oily debris and tank
bottoms when practical.
Minimize the volume of
materials stored at facilities.
Construct adequate berms
around materials and waste
storage areas to contain spills.
Perform routine inspections
of materials and waste stor-
age areas to locate damaged
or leaking containers.
Train personnel to use sensi-
ble waste management prac-
tices.
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Iources of
Information
Resource Conservation and Recovery Act (RCRA)
RCRA regulates hazardous waste generators, hazardous waste trans-
porters, and hazardous waste treatment, storage, and disposal facilities
(TSDFs). RCRA encourages environmentally sound methods for managing
commercial and industrial waste, as well as household and municipal
waste.
RCRA Resources:
40 CFR Parts 260 to 279
RCRA Call Center: 800 424-9346 or Washington, DC Area Local
703 412-9810 or TDD 800 553-7672 or TDD Washington, DC Area
Local 703 412-3323 Fax: 703 308-8686
Internet access:
Clean Water Act (CWA)
The Water Pollution Control Act, commonly known as the Clean Water Act
(CWA), is the Federal program designed to restore and maintain the integri-
ty of the nation's surface waters. CWA controls direct discharges to surface
waters (e.g., through a pipe) from industrial processes or stormwater sys-
tems associated with an industrial activity. It also regulates indirect dis-
charges, or discharges to publicly owned treatment works (POTWs) through
a public sewer system, by requiring industrial facilities to pretreat their
waste before discharging to a public sewer.
CWA Resources:
40 CFR Parts 100-129 and 400-503
EPA Office of Water: 202 260-5700
State water authority, regional EPA office, and local POTW
Internet access:
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Oil Pollution Prevention (Spill Prevention, Control and
Countermeasures Regulations)
Spill prevention, control and countermeasures (SPCC) regulations promul-
gated pursuant to the CWA are designed to protect our nation's waters
from oil pollution caused by oil spills that could reach the navigable
waters of the United States or adjoining shorelines. The regulations apply
to non-transportation-related facilities with a specific aboveground or
underground oil storage capacity that, due to its location, can be reason-
ably expected to discharge oil into the navigable waters of the United
States.
SPCC Regulations Resources:
40 CFR Part 112
RCRA Call Center: 800 424-9346
Internet Access:
Discharge of Oil
The section of the CWA regulations commonly known as the "sheen rule"
provides the framework for determining whether a facility or vessel
responsible for an oil spill must report the spill to the federal government.
These rules require oil spills that may be "harmful to the public health or
welfare" to be reported to the National Response Center. Usually, oil spills
that cause a sheen or discoloration on the surface of a body of water, vio-
late applicable water quality standards, and cause a sludge or emulsion to
be deposited beneath the surface of the water or on adjoining shorelines,
must be reported.
Discharge of Oil Regulations Resources:
40 CFR Part 110
RCRA Call Center: 800 424-9346
Internet Access:
Reporting discharges to the National Response Center:
800 424-8802.
Oil Pollution Act (OPA)
OPA of 1990 amended the CWA, and provided new requirements for con-
tingency planning by government and industry under the National Oil and
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Hazardous Substances Pollution Contingency Plan. OPA also increased
penalties for regulatory nonconipliance, broadened the response and
enforcement authorities of the federal government, and preserved state
authority to establish laws governing oil spill prevention and response.
OPA Resources:
Internet Access:
Safe Drinking Water Act (SDWA)
SDWA mandates that EPA establish regulations to protect human health
from contaminants present in drinking water. Under the authority of the
SDWA, EPA developed national drinking water standards and created a
joint federal/state system to ensure compliance with these standards. EPA
also regulates underground injection of liquid wastes through the
Underground Injection Control (UIC) program under the SDWA. The UIC
program regulates five classes of injection wells to protect underground
sources of drinking water.
SDWA Resources:
40 CFR Parts 141-143 (SDWA); 40 CFR Parts 144-148 (UIC)
SDWA Hotline: 800 426-4791
State oil and gas regulatory authority.
Internet Access:
Clean Air Act (CAA)
CAA regulates air pollution. It includes national emission standards for
new stationary sources within particular industrial categories. It also
includes the National Emission Standards for Hazardous Air Pollutants
(NESHAPs), which are designated to control the emissions of particular
hazardous air pollutants (HAPS). NESHAPs specific to oil and gas produc-
tion were promulgated in 1999.
The CAA includes a Risk Management Program. This program requires
stationary sources with more than a threshold quantity of a regulated
substance (designated in the regulations) to develop and implement a
risk management program (RMP). The RMP must include a hazard
assessment, a prevention program, and an emergency response program.
CAA Resources:
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40 CFR Parts 50-99
Control Technology Center, Office of Air Quality, Planning and
Standards (OAQPS), EPA, General Information: 919 541-0800;
Publications: 919 541-2777
RCRA Call Center (CAA §112(r) questions): 800 424-9346
Internet Access:
Oil and Gas Production NESHAPs Rule:
The Emergency Planning and Community
Right-to-Know Act (EPCRA)
EPCRA was designed to improve community access to information about
potential chemical hazards and to facilitate the development of chemical
emergency response plans by State and local governments. EPCRA regula-
tions establish four types of reporting obligations for facilities that store or
manage certain chemicals above specified quantities.
EPCRA Resources:
40 CFR Parts 350-372
RCRA Call Center: 800 424-9346
Internet Access: and
Comprehensive Environmental Response
Compensation, and Liability Act (CERCLA or Superfund)
Superfund authorizes EPA to respond to releases, or threatened releases, of
hazardous substances that might endanger public health, welfare, or the
environment. It also grants EPA the authority to force parties responsible
for environmental contamination to clean it up or to reimburse response
costs incurred by EPA. CERCLA also contains hazardous substance release
reporting regulations that require facilities to report to the National
Response Center (NRC) any release of a hazardous substance that exceeds
the specified quantity for that substance.
CERCLA Resources:
40 CFR Parts 300-399
RCRA Call Center: 800 424-9346
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Internet Access:
Toxic Substances Control Act (TSCA)
TSCA allows EPA to collect data on chemicals to evaluate, assess, mitigate,
and control risks that might be posed by their manufacture, processing,
and use. Facilities are required to report information as necessary to allow
EPA to develop and maintain this inventory.
TSCA Resources:
40 CFR Parts 702-799
TSCA Hotline: 202 554-1404
Internet Access:
Other EPA Information Resources
Office of Solid Waste
Industrial and Extractive Wastes Branch
1200 Pennsylvania Avenue, NW
Mail Code 5306W
Washington, DC 20460
RCRA Call Center: 800 424-9346 or
Washington, DC Area Local 703 412-9810 or
TDD 800 553-7672 or TDD Washington, DC
Area Local 703 412-3323 Fax: 703 308-8686
Internet access:
The RCRA Call Center is a publicly accessible service that provides up-to-
date information on several EPA programs. Please note that the Center
cannot provide regulatory interpretations. It also processes requests for
relevant publications and information resources.
Office of Emergency and Remedial Response, Oil Spill Program
1200 Pennsylvania Avenue, NW.
Washington, DC 20460
Oil Spill Program Information Line: 800 424-9346
Internet access:
The Office of Emergency and Remedial Response (OERR) manages the
Superfund and Oil Spill programs.
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National Response Team
c/o U.S. EPA
1200 Pennsylvania Avenue, NW.
Washington, DC 20460
Telephone: 800 424-8802
Fax:202260-0154
Internet access:
The National Response Team and the Regional Response Teams are the
federal component of the National Response System (NRS), the federal
government's coordinated mechanism for emergency response to dis-
charges of oil and releases of chemicals. The NRT is chaired by the U.S.
EPA with the United States Coast Guard serving as Vice Chair. The National
Response Center (800 424-8802) is the sole federal point of contact for
reporting oil and chemical spills.
Other Federal Agencies
U.S. Department of Interior
U.S. Bureau of Land Management
Fluid Minerals Group
1849 C Street, Room 406-LS
Washington, DC 20240
Telephone: 202 452-5125
Fax:202452-5124
Internet access:
The Bureau of Land Management's (BLM's) management of fluid minerals
includes overseeing the production and conservation of oil and gas, geo-
thermal energy, and helium. BLM is responsible for leasing oil and gas
resources on all federally owned lands, including those lands managed by
other federal agencies. This includes about 564 million acres of federal
minerals estate, or about 28 percent of all lands within the United States.
Additionally, BLM is responsible for the review and approval of all permits
and licenses to explore, develop, and produce oil and gas and geothermal
resources on both Federal and Indian lands.
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U.S. Fish and Wildlife Service
Division of Environmental Quality
4401 North Fairfax Drive, Suite 322
Arlington, VA 22203
Telephone: 703 358-2148
Internet access:
The U.S. Fish and Wildlife Service is the main federal agency dedicated to
protecting wildlife and their habitat from pollution's harmful effects.
Specialists in the Environmental Contaminants Program focus on detect-
ing toxic chemicals; addressing their effects; preventing harm to fish,
wildlife and their habitats; and removing toxic chemicals and restoring
habitat when prevention is not possible. These specialists are experts on
oil and chemical spills, pesticides, water quality, hazardous materials dis-
posal and other aspects of pollution biology.
U.S. Department of Energy
Office of Natural Gas & Petroleum Technology,
Office of Fossil Energy
1000 Independence Ave. SW - Forrestal Building
Washington, DC 20585
Telephone: 202 586-6503
Fax:202586-5145
Internet access:
The Department of Energy's (DOE's) Office of Natural Gas and Petroleum
Technology is responsible for the gas and oil exploration and production
program, natural gas storage and delivery, downstream petroleum pro-
cessing, and environmental and regulatory analysis programs for oil and
natural gas operations, and natural gas import/export authorizations.
Other Information Resources
American Petroleum Institute
1220 L Street, NW
Washington, DC 20005
Telephone: 202 682-8000
Internet access:
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The American Petroleum Institute (API) is the national trade association
representing over 400 companies involved in oil and gas exploration, pro-
duction, transportation, refining, and marketing. API represents its mem-
bers in addressing public policy and regulatory issues. API also sponsors
research, collects statistics, conducts workshops, and develops standards
and recommended practices for industry equipment and operations.
Interstate Oil and Gas Compact Commission
RO. Box 53127
Oklahoma City, OK 73152-3127
Telephone: 405 525-3556
Fax: 405 525-3592
E-mail: iogcc@iogcc.state.ok.us
Internet access:
Founded by six states in 1935, the Interstate Oil and Gas Compact
Commission (IOGCC) was established to control unregulated petroleum
overproduction and resulting waste. "Since that time, states have estab-
lished effective regulation of the oil and natural gas industry through a
variety of IOGCC programs designed to gather and share information,
technologies and regulatory methods."
Ground Water Protection Council
13208 N. MacArthur
Oklahoma City, OK 73142
Telephone: 405 516-4972
Fax:405516-4973
Internet access:
The Ground Water Protection Council is an organization whose members
consist of state and federal ground water agencies, industry representa-
tives, environmentalists, and concerned citizens. Since it includes state
Underground Injection Control (UIC) program directors, it is the best
source of data on Class II well injection issues.
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National Governors' Association
Emergency Management and Oil Spill Prevention and
Response Project
Hall of States
444 North Capitol Street, NW.
Washington, DC 20001-1512
Telephone: 202 624-5300
Internet access:
The National Governors' Association's project on oil spill prevention, pre-
paredness, and response offers states an opportunity to share their experi-
ences and coordinate with the federal agencies involved in oil spill
prevention and response. This program facilitates the exchange of infor-
mation on successful state programs among state and federal emergency
managers. NGA works with U.S. EPA to coordinate and promote state oil
spill prevention programs by holding workshops, summarizing successful
state oil programs, and establishing ongoing workgroups to discuss oil
spill topics.
Publications
Title: "Report to Congress: Management of Wastes from the Exploration,
Development, and Production of Crude Oil, Natural Gas, and Geothermal
Energy," U.S. EPA, December 1987, NTIS Publication No. PB 88-146212.
Available from: National Technical Information Service, 5285 Port Royal
Road, Springfield, VA 22161, 703 487-4650.
+ '$» +
Title: "Regulatory Determination for Oil and Gas and Geothermal
Exploration, Development, and Production Wastes," July 6, 1988, Federal
Register Volume 53, Pages 25446 to 25459.
Available from: RCRA Call Center, Washington, DC, 800 424-9346
Internet access:
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Title: "Clarification of the Regulatory Determination for Wastes from the
Exploration, Development, and Production of Crude Oil, Natural Gas and
Geomermal Energy," March 22, 1993, Federal Register Volume 58, Pages
15284 to 15287.
Available from: RCRA Call Center, Washington, DC, 800 424-9346
Internet access:
+ «$»'*
Title: Associated Wastes Reports: "Crude Oil Tank Bottoms and Oily
Debris," "Completion and Workover Wastes," "Dehydration and
Sweetening Wastes."
Available from: EPA Office of Solid Waste
Internet access:
4> *> 4>
Title: "Profile of the Oil and Gas Extraction Industry"
Available from: EPA Office of Enforcement and Compliance Assurance
Internet access:
+ * +
Title: "Environmental Guidance Document: Waste Management in
Exploration and Production Operations," API Bulletin E5, Second Edition,
February 1997.
Available from: American Petroleum Institute, c/o Global Engineering
Documents, 15 Inverness Way E., Englewood, CO 80112, 800 854-7179
Internet access:
+ + +
Title: "Guidelines for Commercial Exploration and Production Waste
Management Facilities," (Order Number G0004), March 2001.
Available from: American Petroleum Institute, c/o Global Engineering
Documents, 15 Inverness Way E., Englewood, CO 80112, 800 854-7179
Internet access:
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Title: "Environmental Engineering for Exploration and Production
Activities," Monograph Volume 18.
Available from: Society of Petroleum Engineers, P.O. Box 833836,
Richardson, TX 75083-3836, 972 952-9393
E-mail: books@spe.org
Internet access:
Title: "Suggested Procedure for Development of Spill Prevention Control
and Countermeasure Plans," API Bulletin D16, Second Edition, August 1,
1989.
Available from: American Petroleum Institute, c/o Global Engineering
Documents, 15 Inverness Way E., Englewood, CO 80112, 800 854-7179
Internet access:
+ +
Title: "Onshore Oil and Gas Production Practices for Protection of the
Environment," API Recommended Practice 51, Third Edition, February
2001.
Available from: American Petroleum Institute, c/o Global Engineering
Documents, 15 Inverness Way E., Englewood, CO 80112, 800 854-7179
Internet access:
4- +
Title: "Revised Guidelines for Waste Minimization in Oil and Gas
Exploration and Production."
Available from: Interstate Oil and Gas Compact Commission, P.O. Box
53127, Oklahoma City, OK 73152-3127, 405 525-3556
Internet access:
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