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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