RCRA Exemption Challenged
Two decades ago, following substantial study, U.S. EPA determined that many oil and gas E&P wastes were exempt from regulation as hazardous wastes under the Resource Conservation and Recovery Act (RCRA). It concluded instead that these wastes could be better controlled through existing state and federal regulatory programs. While the subject of perennial complaints by environmental groups, that exemption is now the subject of a petition to U.S. EPA by the Natural Resources Defense Council (NRDC).
From the petition:
[T]he Natural Resources Defense Council, respectfully requests that the EPA promulgate regulations classifying wastes from the exploration, development and production of oil and natural gas as hazardous waste subject to provisions of Subtitle C of RCRA. This request is based on overwhelming evidence that waste from the exploration, development and production of oil and natural gas is hazardous, taking into account its toxicity, corrosivity, and ignitability, that it is released into the environment where it can cause harm, that state regulations are inadequate, and that there are numerous methods available to manage it as hazardous waste.
We will keep you posted as this gets published in the Federal Register and matters develop.
