£EPA
              United State*
              Environmental Protection
              Agency
          Off ice of
          Solid Waste and
          Emergency Response
DIRECTIVE NUMBER:
                             9441.03(80)
               TITLE: Exemption of Certain Waste from Drilling
                    Operations
                                 v

               APPROVAL DATE: 9-4-80

               EFFECTIVE DATE: 9-4-80

               ORIGINATING OFFICE:  Osw

               0 FINAL

               D DRAFT

                LEVEL OF DRAFT

                  DA — Signed by AA or DAA
                  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:  9441.03(80)


tfey Words:   Energy Exploration Wastes, Exclusions

Regulation:  40 CFR 261.4(b)(5), 261.11

Subject:     Exemption of Certain Waste from Drilling Operations

Addressee:   Stanley L. Zwicker, Union Oil Company of California

Originator:  John P. Lehman, Director, Hazardous and Industrial Waste Division

Source Doc:  #9441.03(80)

Date:        9-4-80

Summary:

     Section 261.4(b)(5) excludes wastes resulting from oil, natural gas or
geothermal energy exploration from control as hazardous waste.   Similar wastes
resulting from other explorations are not specifically excluded and thus would
be subject to regulatory control if they exhibit any of the characteristics of
hazardous waste.  In accordance with §261.11, it is the generator's responsi-
bility to determine whether his/her waste is hazardous.

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                                                             9441.03 (80)
                     OFFICE Of 'JCl.in K'AC-TE

                                 4  i960
Mr. Stanley L.  Z
Union Oil Conpsny  of  California
Union Oil Canter,  Uox 7600
Los AngaJ.es, California  900S1

Dear Mr. Zvlcker:

     This is in vaBjjonse to your l«ttnr of August 18, I960,
in \*hich you august  ttiat  certain past PS froo drilling op-
erations (other than  trroa  oil,  natural ras, or geochernal
energy exploration)  should ba excluded froa control as
hazardous wastes.   Also, you indtcntpd you did aot feel  it
necessary to file  a  notification of hazardous waste
act ivity.

     The specific  exclusions cit«vl in -1261.4(b) (5) of the
regulations (45 _P£ 33120,  May 19, J9«0) were included since
cht Con;.:recs h«a included  such  lnu«;uflf,e in its pending bills
(see tho discussion  in the prean'iJti,  l> 3 •'£R_ 33089).  This
exclusion applies  only to  oil,  nttnral fi&e or reothurnal
exploration.  Thus,  sluilar wastes resulting froo other
operations are not specifically axclud*d;  to the extent
these other wastci exhibit any  of the characteristics of
hazardous waste they  are include'* in  the regulatory program.

     Section 261.11  defines a ger!sr a Cor ' c  responsibility to
•Iti Ci-.rr.ii ;:e whether  Ills waste is  hazardous.   This section  does
not a.inJate testing  and  does allot*' Che generator to uako the
de turnina t ton haoad  on knowledge of rlic oaterials and
processes involved.   idur  decision Co not  notify is appropri-
ate if .nade for* thi.Q  roflson, rathor tli^n the analogy to
energy exploration wastes.

     If you have any  questions  plente call Alan Corson of my
staff.  iie any be  reached  at (20?) 73:--9187.

                       Sincerely your t,
                       John  P .  Lr>. Iman
                           Dircctnr
       iidzardoi'  nnd  Industrial /ante  '"vision (Wli-565)

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