£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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