40 cfr 261.4(b)(5) - The Oil, Gas, and Geothermal Exploration Waste Exclusion from Regulation as a Hazardous Waste

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EXCLUSIONS FROM REGULATION AS HAZARDOUS WASTEOne presentation in a series that briefly explains the Federal exclusions from full regulation for certain materials under the Resource Conservation and Recovery Act (RCRA).

40 CFR 261.4(b)(5)

This presentation: 40 CFR 261.4(b)(5):Oil, Gas, & Geothermal Waste

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PRESENTED BY:

Daniels Training Services815.821.1550www.DanielsTraining.comInfo@DanielsTraining.com

A different kind of training.

40 CFR 261.4(b)(5)

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40 CFR 261.4(b)• Paragraph ‘b’ of section 261.4 identifies 17 solid wastes excluded from regulation as a hazardous waste.

40 CFR 261.4(b)(5)

Solid Waste

Hazardous Waste

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Oil, Gas, & Geothermal Waste“Certain wastes from the exploration and production of oil, gas, and geothermal energy are excluded from the definition of hazardous waste. These wastes include those that have been brought to the surface during oil and gas exploration and production operations, and other wastes that have come into contact with the oil and gas production stream (e.g., during removal of waters injected into the drill well to cool the drill bit).”

40 CFR 261.4(b)(5)

2011 RCRA Orientation Manual

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“The following solid wastes are not hazardous wastes for the purpose of this part…”

• Types of wastes:• Drilling fluids,• Produced waters, and;• Other wastes associated with…

• Source of waste by process:• Exploration,• Development, or;• Production of…

• Industry source:• Crude oil,• Natural gas, or;• Geothermal.

40 CFR 261.4(b)(5)

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More to Consider (1)…• This exclusion is the result of the Bentsen and Bevill Amendments to the Solid Waste Disposal Act of 1980.

• At that time certain wastes were exempted from the definition of hazardous waste and identified as “Special Wastes” pending further study by USEPA.

• These wastes were temporarily exempted because they were…• Produced in very large volumes,• Were thought to pose less of a hazard than other wastes, and;

• Were generally not amenable to the management practices required under RCRA.

40 CFR 261.4(b)(5)

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More to Consider (2)…• The Bevill & Bentsen Wastes/Special Wastes:

• Oil, gas, and geothermal exploration, development, and production wastes.

• Fossil fuel combustion wastes.• Mining and mineral processing wastes.• Cement kiln dust wastes.

40 CFR 261.4(b)(5)

Bentsen Wastes

Bevill Wastes

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More to Consider (3)…Exempted Wastes are

Generated During• Exploration,• Development, or;• Production.Of…• Crude oil,• Natural gas, and;• Geothermal.

Exempted Wastes are not Generated During

• Transportation,• Compression, or;• Manufacturing activities.Of…• Crude oil,• Natural gas, and;• Geothermal.

40 CFR 261.4(b)(5)

RO11794

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More to Consider (4)…USEPA Rule of Thumb

• Exempt waste must either come from "down-hole," or come in contact with the production stream for the purpose of removing produced water or some other contaminant.

40 CFR 261.4(b)(5)

RO11794

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More to Consider (5)…• The types of waste that may be exempted are loosely defined.

• The process source are subject to some interpretation.

• The industry source is clearly defined.

40 CFR 261.4(b)(5)

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More to Consider (6)…• Refer to this EPA guidance document for a more thorough description of exempt and non-exempt E&P Waste.

40 CFR 261.4(b)(5)

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More to Consider (7)…

• Check with your State as it may not recognize this Federal exclusion.

40 CFR 261.4(b)(5)

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40 CFR 261.4(b)(5) Verbatim:(b)Solid wastes which are not hazardous wastes. The following solid wastes are not hazardous wastes:…(5) Drilling fluids, produced waters, and other wastes associated with the exploration, development, or production of crude oil, natural gas or geothermal energy.

40 CFR 261.4(b)(5)

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40 CFR 261.4(b)(5)