vvEPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 9441 50 - IA
TITLE: RCRA Exclusions Under Section 300 1 ( b) ( 2 ) ( A) of RCRA
as Applied to Hydrogen SuLfide Scrubber Wastes from
Geothermal Power Plants
APPROVAL DATE: n-ir
EFFECTIVE DATE: n- «r
ORIGINATING OFFICE: Office of Solid Waste
0 FINAL
D DRAFT
STATUS:
[ ] A- Pending OMB approval
{ ] B- Pending AA-OSWER approval
I 1 c~ ?or review &/or comment
{ ] D- .In development or circulating
headquarters
REFERENCE (other documents):
OSWER OSWER OSWER
/£ DIRECTIVE DIRECTIVE
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vvEPA
United Slates-Environmental Protection Agency
Washington. DC 20460
QSWER Directive Initiation Request
Interim Directive Number
Originator Information
Name of Contact Person
Dexter Hiiickley
Mail Cocw
WH-565E
Lead Office
D OERR
1x3 osw
Q OUST
n owpe
D AA-OSWER
Approved for Review
Signature of OHice Director
Data
H-
Title
RCRA Exclusions Under Section 3001(b) (2) (A) of RCRA as Applied to Hydrogen Sulfide
Scruber Wastes from Geothermal Power Plants
Summary of Directive
Addresses whether hydrogen sulfide scrubber wastes generated after the production
of electricity at geothermal power plants are excluded from regulation '.
under RCRA.
Type of Directive /Manual. Policy Directive. Announcement, etc.)
Mate to Region 9 Hazardous Waste Division Director
Status
D Draft
Q Final
LJ New
LJ Revision
Does mis Directive Suparsati« Previous Directiva(s)? |_J Yes LJ No Does It Supplement Previous Oirective^slP | | Yes | ] No
If "Yes" to Either Question. What Directive (number, title)
Review Plan
Q AA-OSWER
Q OEflR
Q OSW
Q OUST
Q OWPE
Q Regions
D
D OGC
D OPPE
D
Other (Specify)
This Request Meets OSWER Directive* System Format
Signature of Lead Office Directives Officer
Date
-sr
Signature of OSWER Directives Officer
Date
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
vnv o n •-"-- OFFICE OF
iNUV £U ,:."" SOLID WASTE AND EMERGENCY RESPONSE
MEMORANDUM OSWER Directive * 9441.50 - 1A
SUBJECT: RCRA Exclusions Under Section 300Kb)(2)(A) of RCRA
as Applied to Hydrogen Sul'fide Scrubber Wastes from
Geothermal Power Plants
FROM: Marcia Williams, Director ( WH-562 )
Office of Solid Waste
TO: Harry Seraydarian, Director
Toxics and Waste Management Division (T-l)
Region IX
In your memorandum of September 20, 1985, you ask whether
-the RCRA exclusion under 40 CFR §261.4(b)(5) applies to
hydrogen sulfide scrubber wastes generated after the" product ion
of electricity at geothermal power plants. You note that the
process of converting geothermal energy (steam) to electricity
involves the generation of condensate as a waste product. The
• scrubber wastes are generated by scrubber systems which are used
to remove sulfides from the condensate.
The geothermal facilities claim that these wastes are exempt
from hazardous waste regulation under 40 CFR §261.4(b)(5) which
excluded "drilling fluids, produced waters, and other wastes
associated with the exploration, development, or production of
crude oil, natural gas or geothermal energy." You are proceeding
with the preparation of enforcement actions against the land
disposal facilities receiving the hydrogen sulfide wastes and
seek assurance that the wastes are not covered by the exclusion.
The scope of the regulatory exclusion in S261.4(b)(5) is determined
by the scope of the exclusion in Section 3001{b){2){A) of RCRA.
The key interpretative language for the "drilling fluid"
exclusion is found in the legislative history (Solid Waste Disposal
Act Amendments, Conference Repor.t, H.R. Rep. No. 1444, 96th Cong.,
2d Sess. 32 (1980)):
The term "other wastes associated" is specifically
included to designate waste materials intrinsically
derived from the primary field operations associated
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with the exploration, development, or production of
crude oil, natural gas or geothermal energy. It
would cover such substances as: hydrocarbon bearing
soil in and around related facilities? drill cuttings?
materials (such as hydrocarbon, water, sand, and
emulsion) produced from a well in conjunction with
crude oil, natural gas or geothermal energy? and the
accumulated material {such as hydrocarbon, water, sand,
and emulsion) from production separators, fluid treating
vessels, storage vessels, and production impoundments,
The phrase "intrinsically derived from the primary
field operations ..." is intended to differentiate
exploration, development, and production operations
from transportation (from the point of custody transfer
or of production separation and dehydration) and
manufacturing operations.
Based on tha facts you present, we agree that hydrogen sulfide
scrubber wastes are not within the Section 3001(b){2)(A) exclusion
and, therefore, are subject to the hazardous waste regulations.
However, our conclusion is based on legal considerations which are
different from those cited in your memorandum.
The key statutory references to "exploration, development,
or production" refer to locating energy deposits and extracting
the oil, gas, or geothermal energy (steam) from those deposits.
The two wastes listed in the statute also relate to the extraction
of oil, gas, or geothermal energy: "drilling fluids* are used to
aid in oil, gas, and geothermal extraction, while "produced waters"
are extracted from the ground together with oil and gas. The
legislative history cited above supports the view that "other
wastes" should also be limited to wastes relating to the extraction
process, and should not be extended to include later processing
or manufacturing operations,
As the language and legislative history of Section
3001(b) (2MA) make clear, only wastes "intrinsically derived
from primary field operations," i.e., derived from the process of
extracting the geothermal steam itself, are covered by the
exclusion. The scrubber wastes are not covered by the exclusion
because these wastes result not from the physical extraction of
the geothermal energy, but from a separate manufacturing process
.downstream from the production operations. The generation of
electricity is a separate process because it uses the steam as
fuel to drive turbines and generate electricity.
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\\
Hence, the considerations discussed in your memorandum are
not directly relevant to the determination that scrubber wastes
are not covered by the exclusion. Our decision does not'depend
upon whether the scrubber systems are essential or unique to
the production of electricity. Additionally, the fact that the
scrubbers add constituents to the treatment sludge is not
necessarily determinative. The crucial consideration is that
the generation of electricity is a type of operation that goes
beyond the statutory scope of the exclusion. The statutory
scope is limited to the "production" of geothermal energy itself
and does not extend to subsequent uses of that geothermal energy
in- power plants or other industrial operations. Therefore, if
the hydrogen sulfide scrubber wastes are hazardous, they should
be regulated and managed in comnliance with Subtitle C of RCRA.
cc: All Regional Waste Management
Division Directors
Margie Russell
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