40 CFR 261.4(b)(5) excludes certain wastes generated from the exploration, development, and production of oil, gas, and geothermal energy - a solid waste - from regulation as a hazardous waste if the requirements of the regulations are met. This presentation briefly summarizes the requirements of this RCRA exclusion from regulation.

1. EXCLUSIONS FROM
REGULATION AS
HAZARDOUS WASTE
One 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) @DanielsTraining 1
This presentation: 40 CFR 261.4(b)(5):
Oil, Gas, & Geothermal Waste

2. PRESENTED BY:
Daniels Training Services
815.821.1550
www.DanielsTraining.com
Info@DanielsTraining.com
A different kind of training.
@DanielsTraining 240 CFR 261.4(b)(5)

3. 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) @DanielsTraining 3
Solid
Waste
Hazardous
Waste

4. 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) @DanielsTraining 4
2011 RCRA Orientation Manual

5. “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) @DanielsTraining 5

6. 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) @DanielsTraining 6

7. 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) @DanielsTraining 7
Bentsen
Wastes
Bevill
Wastes

8. 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) @DanielsTraining 8
RO11794

9. 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) @DanielsTraining 9
RO11794

10. 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) @DanielsTraining 10

11. 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) @DanielsTraining 11

12. More to Consider (7)…
• Check with your State
as it may not recognize
this Federal exclusion.
40 CFR 261.4(b)(5) @DanielsTraining 12

13. 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) @DanielsTraining 13

14. Got Questions
About RCRAor
HazMat
Transportation?
I provide:
Annual RCRA
Training for
Hazardous Waste
Personnel
And
Triennial HazMat
Employee
Training
Seminar, Webinar, or
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14@DanielsTraining40 CFR 261.4(b)(5)