£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 ------- 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. ------- 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) ------- |