oEPA
United State*
Environmental Protection
Agency
Off ice of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER:
9441.02(83)
TITLE: Subtitle C Exclusion of Drilling Fluids and
Produced Waters
•
APPROVAL DATE: 4-19-33
EFFECTIVE DATE: 4_i9-83
ORIGINATING OFFICE: Osw
£3 FINAL
D DRAFT
LEVEL OF DRAFT
DA — Signed by AA or OAA
OB — Signed by Office Director
DC — Review & Comment
REFERENCE (other documents):
OSWER OSWER OSWER
VE DIRECTIVE DIRECTIVE Dl
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\PART 261 SUBPART A - GENERAL DOC: 9441.02(83)
Key Words: Exclusion, Energy Exploration Wastes
Regulations: 40 CFR 261.4
Subject: Subtitle C Exclusion of Drilling Fluids and Produced Waters
Addressee: Kenneth D. Feigner, Chief, Waste Management Branch, Region X
Originator: John H. Skinner, Director, Office of Solid Waste
Source Doc: #9441.02(83)
Date: 4-19-83
Summary:
Wastes such as spent solvents, pesticide wastes and discarded commercial
chemical products that are not uniquely associated with the exploration,-devel-
opment or production of crude oil, natural gas or geothermal energy, are not
elibible for exclusion under §261.4. Some judgment may be required to determine
those wastes that are "unique" for application of this policy.
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9441.02 (83;
APR
DATRi
SP«MLT.CTj Subtitle C Exclusion of Drilling fluids
anc Produced Viaters
FrOHi John H. skinner
director. Office of Solid wa«te
TOs Kenneth D. Feigner
Chief, Waete "Janagenwnt Branch
P.P.A. - Region X
Your interpretation of the .oil and gas waste exclusion in
40 TFT? 261-4, as expressed in your February 14, 1983 n»eworandum
to we, is the correct interpretation of the scope of that exclu-
sion. The Agency's policy on oil and qaa exploration, development,
and production wastes, is the same as the policy stated in the
preamble to the November 19, 1980 regulations (45 FP 7661?) for
mining and cement kiln dust wastes. Specifically, wastes such
as spent solvents, pesticide wastes, and discarded commercial
chemical products, that are not uniquely associated with the
exploration, development, or production of crude oil or. natural
gas or geothermal snerqy, are net eligible for the exclusion., g
As you noted, a memorandum from EPA's Office of General Council"'
to tfegion VIT on September 2, 1581 confirms that policy.
Although some judgment is rwauired to determine thone wastes
that are "unique" and those that are not, the interpretation in
Che last paragraph of your memorandum of February 14, 1982 is
consistent with otir policy on this issue.
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