RCRA Subtitle D Application to Drilling Operations

Abstract

Abstract The Environmental Protection Agency (EPA) presented the Regulatory Determination on presented the Regulatory Determination on drilling muds, produced water and associated wastes to Congress on June 30, 1988. One conclusion was regulatory gaps were present in some State oil and gas programs that compromised environmental protection. EPA believes they have authority under Subtitle D to fill these gaps. However, the Subtitle D type waste management guidelines, as being formulated by EPA to regulate mining operations and municipal landfills, are not viable or cost effective when applied to Oil and Gas Industry (OGI) operations. The existing drilling waste management practices used by the OGI in a number of State oil and gas programs though are viable and cost effective to ensure environmental protection. These existing practices as discussed protection. These existing practices as discussed in this paper can be implemented in applicable State programs to fill regulatory gaps. 1.0 Introduction Under the Resource Conservation and Recovery Act (RCRA) passed in 1976, and amended in 1980, EPA was directed to conduct a two-year study to determine if drilling muds, produced water, and associated wastes were hazardous and should be regulated under Subtitle C. The Study was to be completed by October 1982, but was not implemented. After a lawsuit was filed by environmentalists in 1985, the study was initiated and the Regulatory Determination for OGI wastes was submitted by EPA to Congress on June 30, 1988. In the Regulatory Determination EPA stated "The Agency plans a three-pronged approach toward filling the gaps in existing State and Federal programs by: programs by:Improving Federal programs using existing authorities in Subtitle D of RCRA, the Clean Water Act, and Safe Drinking Water Act;Working with States to encourage changes in their regulations and enforcement programs to achieve more uniformity in the administration of their programs; andWorking with the Congress to develop any additional, statutory authority that may be required". EPA believes they have authority under Subtitle D of RCRA to promulgate nationwide guidelines to regulate the generation, collection, and disposal of OGI wastes. Because Industry believes OGI wastes are generally managed properly in most States, API is working to describe existing drilling operations and disposal practices in an Environmental Guidance Document that can be used by States to fill regulatory gaps. It is essential for EPA to understand that States can use these existing practices to formulate cost effective regulations in their existing programs to protect the environment, without mirroring onerous and expensive Subtitle D regulations designed for mining waste and municipal landfill disposal sites. 2.0 Scope This Paper addresses existing waste generation, collection, and disposal practices in the drilling segment of the OGI. First, drilling wastes and volumes are identified and reported, respectively. Second, waste generation sources are identified, collection practices are reviewed, and disposal practices are briefly described. practices are briefly described. P. 451