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12/01/2007Environmental Fact Sheet: EPA Finalizes Revision to RCRA Hazardous Waste Program to Promote Sustainable Recycling of Oil-Bearing Materials Into FuelPublication
 Description: This fact sheet discusses the revising of the oil-bearing hazardous secondary materials exclusion to allow for the recycling of oil-bearing hazardous secondary materials, such as sludges or other byproducts, generated by the petroleum industry when they are gasified at a petroleum refinery for the production of synthesis gas fuel. Gasification will join distillation, catalytic cracking, and fractionation as recognized petroleum refining processes.
 
02/13/2007SAFE DELIVERY SYSTEMS (SDS) GAS CYLINDERSMemo
 Description: SDS cylinders contain a carbon-based medium which operates as a “molecular sieve” in which the gas is adsorbed and trapped within the interstitial spaces. As a result, the gas is stored under sub-atmospheric pressure, which avoids safety concerns with high-pressure containment and also allows a greater volume of gas to be stored in the container. The storage and delivery cylinders are containers holding unused CCPs, rather than spent materials, and therefore are not subject to regulation under 40 CFR 261.2(c)(3) as spent materials. Containers that held unused CCPs and any residues generated from CCP recovery must undergo a new hazardous waste determination after the cylinders are emptied. Abandoned CCPs are solid wastes (40 CFR 261.2(i)), and if hazardous, are hazardous wastes.
 
12/01/2003Exención de los Residuos de Exploración y Producción de Petróleo Crudo y Gas Natural de los Reglamentos Federales de Residuos Peligrosos (Spanish - Exemption of Oil and Gas Exploration and Production Wastes from Federal Hazardous Waste Regulations)Publication
 Description: This publication is the Spanish translation of Exemption of Oil and Gas Exploration and Production Wastes from Federal Hazardous Waste Regulations (EPA 530-K-01-004). This document provides an understanding of the exemption of certain oil and gas exploration and production (E&P) wastes from regulation as hazardous wastes under Subtitle C of the Resource Conservation and Recovery Act (RCRA). The information contained in this booklet includes a basic background on the E&P exemption, basic rules for determining the exempt or non-exempt status of wastes, examples of exempt and non-exempt wastes, status of E&P waste mixtures, clarifications of several misunderstandings about the exemption.
 
02/01/2002Environmental Fact Sheet: EPA Proposing to Allow Waste as an Energy Source for Synthesis Gas Production and Power GenerationPublication
 Description: EPA is proposing to conditionally exclude, from RCRA’s definition of solid waste, hazardous secondary materials that are processed in gasification systems to manufacture synthesis gas.
 
01/01/2002Exemption of Oil and Gas Exploration and Production Wastes from Federal Hazardous Waste RegulationsPublication
 Description: This document replaces EPA530-K-95-003. This publication provides an understanding of the exemption of certain oil and gas exploration and production (E&P) wastes from regulation as hazardous wastes under Subtitle C of the Resource Conservation and Recovery Act (RCRA). The information contained in this booklet is intended to furnish the reader with: A basic background on the E&P exemption, Basic rules for determining the exempt or nonexempt status of wastes, Examples of exempt and non-exempt wastes, Status of E&P waste mixtures, Clarifications of several misunderstandings about the exemption.
 
03/01/1999Report to Congress: Wastes From the Combustion of Fossil Fuels, Volume 1 Executive SummaryPublication
 Description: This executive summary discusses EPA's Report to Congress on wastes from the combustion of fossil fuels, which provides an overview of fossil fuel combustion waste management in the United States, reviews current management practices each of the remaining waste categories, and lists the Agency's findings and recommendations for the categories.
 
03/01/1999Report to Congress: Wastes from the Combustion of Fossil Fuels, Volume 2 - Methods, Findings, and RecommendationsPublication
 Description: This report includes an overview of fossil fuel combustion waste management in the United States, provides a detailed discussion of the management practices in the specified sectors, and includes a discussion of the Agency's findings and recommendations. Pursuant to Section 8002(n), EPA evaluated the management of the remaining fossil fuel combustion wastes in order to make a final regulatory determination. The remaining fossil fuel combustion wastes include coal fired utility co-managed wastes, non-utility coal combustion wastes, fluidized bed combustion wastes, oil combustion wastes, and natural gas combustion wastes.
 
02/23/1998APPLICABILITY OF RCRA TO OIL AND GAS EXPLORATION AND PRODUCTION WASTESMemo
 Description: EPA’s July 1988 regulatory determination (53 FR 25446) stated that regulation of oil and gas exploration & production (E&P) wastes as hazardous wastes under Subtitle C was not warranted. Regulation of E&P wastes would be more effective if left to the states. Packaging materials such as drums, sacks, plastic buckets, pallets, etc., are not covered by the E&P exclusion. Debris would be considered hazardous if it contained a hazardous waste.
 
09/25/1997CLARIFICATION OF MIXTURE RULE FOR OIL AND GAS EXPLORATION AND PRODUCTION WASTESMemo
 Description: A mixture in which exempt oil and gas exploration and production (E&P) waste is mixed with non-hazardous, non-exempt waste, would be exempt. Mixing exempt E&P waste with non-exempt characteristic hazardous waste for the purpose of rendering the mixture non-hazardous, or less hazardous, could be considered hazardous waste treatment or impermissible dilution.
 
08/13/1997APPLICABILITY OF HOUSEHOLD HAZARDOUS WASTE EXCLUSION TO NATURAL GAS REGULATORS CONTAINING MERCURYMemo
 Description: Household hazardous waste must be generated by individuals on the premises of a household and must be composed primarily of materials found in the waste generated by consumers in their home. Natural gas regulators are not eligible for the household hazardous waste exclusion since they are installed, replaced, and collected by utilities and gas suppliers.
 
03/01/1997Greenhouse Gas Emissions From Municipal Waste Management (Draft Working Paper)Publication
 Description: Examines the relationship between MSW management and climate change and explores how different management options for MSW may reduce or increase greenhouse gas emissions. Includes methodology for the study. Addresses raw materials acquisition and manufacturing, forest carbon sequestration, source reduction and recycling, composting, combustion, landfilling, and accounting for emission reductions.
 
05/30/1996STATUS OF MIXED COAL PRODUCTSMemo
 Description: Characteristic manufactured gas plant (MGP) wastes can be mixed with coal or other material in a generator accumulation unit until the characteristic is removed. The resulting mixture may be sent to a fossil fuel combustor provided the mixture is no longer characteristically hazardous. Combustion residues are exempt under the Bevill exemption for fossil fuel combustion wastes. If the mixture is sent to a landfill, it must meet land disposal restrictions (LDR) treatment standards regardless of whether the characteristic has been removed (SEE ALSO: 63 FR 28574; 5/26/98).
 
04/01/1995STATUS OF FOSSIL FUEL COMBUSTION WASTE EXCLUSIONQuestion & Answer
 Description: Discusses the regulatory status of fossil fuel combustion wastes. Independently- managed large-volume coal-fired utility wastes are excluded under the Bevill exemption for fossil fuel combustion wastes. Remaining wastes are excluded until a final determination is made in 1998. Low-volume wastes not co-managed with large-volume wastes are not excluded.
 
07/29/1994REGULATORY STATUS OF NATURAL GAS REGULATORS THAT CONTAIN MERCURY UNDER RCRAMemo
 Description: Natural gas regulators that contain mercury are best classified as spent materials. Spent materials are solid wastes when sent for reclamation. Any quantity of liquid mercury, other than trace amounts attached to a material, precludes a waste’s designation as scrap metal. The waste may qualify as scrap metal once the mercury has been removed.
 
06/09/1994TRANSPORTATION OF USED OIL TO LOCATIONS WHERE USED OIL CAN BE MIXED WITH CRUDE OILMemo
 Description: Used oil can be transported to sites where it can be mixed with crude oil (e.g., crude oil pipelines, exploration and production facilities, petroleum refineries, and aggregation points). Refineries receiving off-site used oil are subject to the processor rules until the used oil enters the refining process. An oil and gas exploration and production or refining facility may transport used oil to their aggregation points. The transporter and transfer facility rules apply to used oil transported off-site to a pipeline or to an oil and gas exploration and production facility until it is mixed with crude oil and qualifies for the 279.10(g)(2) exemption.
 
04/15/1994REGULATORY STATUS OF NATURAL GAS PIPELINE CONDENSATEMemo
 Description: Although ignitable off-specification fuels, such as natural gas condensate, are usually not solid wastes when burned for energy recovery, sale or use of low energy value condensate as motor fuel or a fuel additive may constitute sham burning for energy recovery. The use of unadulterated natural gas pipeline condensate with a high Btu/lb value can constitute legitimate burning for energy recovery. Factors besides the energy value apply to a sham recycling determination.
 
04/08/1994CLARIFICATION OF USED OIL RULES AS THEY APPLY TO DO-IT-YOURSELF OIL CHANGERSMemo
 Description: Do-It-Yourself (DIY) used oil (UO) generators are not subject to the used oil standards. Do-It-Yourself oil is subject to Part 279 regulation once it has been collected. Collected Do-It-Yourself oil is subject to the rebuttable presumption. The collection center can rebut the presumption based on the household hazardous waste exemption.
 
11/05/1993CLARIFICATION OF CERTAIN ISSUES REGARDING OIL AND GAS WASTESMemo
 Description: Solid wastes generated from gas transportation after it has left the gas plant, compressor stations located downstream from gas plant, and manufacturing activities do not qualify for the oil and gas exclusion. Wastes from compressors handling local production only are exempt. The exemption is not dependent upon how the waste is managed. Unused CCPs are not exempt since the material was not sent down-hole or did not contact the production stream.
 
09/09/1993REGULATORY STATUS OF DRIP GAS GENERATED ALONG NATURAL GAS TRANSMISSION PIPELINESMemo
 Description: Addresses the regulatory status of drip gas from natural gas pipelines that is used as a solvent to remove paraffin buildup. Drip gas may be a hazardous waste used in a manner constituting disposal if it is a by-product rather than a legitimate product. Discusses the criteria for determining if the drip gas is a waste or a product.
 
08/15/1993Environmental Fact Sheet: Large-Volume Wastes from Coal-Fired Electric Utilities Exempt as Hazardous WastePublication
 Description: This fact sheet announces EPA's determination that large-volume wastes from coal-fired electric utilities pose minimal risks to human health and the environment. The determination continues the exemption for fly ash, bottom ash, boiler slag, and flue gas desulfurization wastes. EPA recommends that potential problems be addressed on a site-specific basis.
 
07/01/1993NATURAL GAS CONDENSATE: REGULATORY STATUSQuestion & Answer
 Description: Natural gas condensate produced by activities uniquely associated with the exploration, development, and production of natural gas is excluded under Section 261.4(b)(5) when discarded. Condensate generated by operations beyond the production process is not exempt.
 
04/29/1993REGULATORY STATUS OF COMBUSTION RESIDUALS GENERATED FROM CO-BURNING OF ""SPECIFICATION"" USED OIL FUEL AND VIRGIN FUEL OILMemo
 Description: The co-burning of specification used oil fuel and virgin fuel oil does not affect the 261.4(b)(4) Bevill exemption since the amount of oil burned is minimal.
 
01/01/1992REGULATORY STATUS OF WASTE FROM OIL GATHERING PIPELINESQuestion & Answer
 Description: Waste generated in a gathering pipeline during transportation qualifies for the fossil fuel exploration, development, and production exclusion only if the custody of the oil has not yet changed hands.
 
05/21/1991CLASSIFICATION OF WASTE FLUIDS ASSOCIATED WITH CLEAN UP OF CRUDE OIL LEAKS IN ACTIVE OIL FIELDSMemo
 Description: Petroleum contaminated snow-melt is not covered by the Bentsen exemption for exploration, production, and development petroleum wastes, since the contamination is a result of a pipeline leak that occurred after the custody transfer of the oil. The exemption applies to wastes from the exploration and production that are produced before the transfer of custody of crude oil or natural gas, or the point of separation and dehydration in the absence of a custody transfer.
 
04/02/1991CLARIFICATION OF THE APPLICABILITY OF THE OIL AND GAS EXCLUSION TO CRUDE OIL RECLAIMER WASTESMemo
 Description: Wastes derived from the treatment of exempt wastes are generally exempt. If tank bottoms are created during primary field operations, wastes from the recovery of oil from the tank bottoms are exempt. Solvent wastes from cleaning tank trucks associated with oil and gas exploration and production activities are not exempt (SEE ALSO: 58 FR 15284; 3/22/93).
 
10/01/1989NOTIFICATION REQUIREMENTS FOR NEW WASTES NOT COVERED BY THE BEVILL EXCLUSIONQuestion & Answer
 Description: RCRA Section 3010 for re-notification is not required for handlers of formerly exempt Bevill wastes.
 
06/06/1989CLARIFICATION OF THE BOUNDARIES OF THE OIL FIELD RCRA EXEMPTIONMemo
 Description: Provides three criteria to be used when determining whether wastestreams qualify for the Bevill oil field exemption. Gas plant cooling tower cleaning wastes are not exempt because they are not intrinsically derived from the primary field operations for natural gas production. Cooling tower blowdown is exempt.
 
02/01/1989DRIP GAS EXCLUSIONQuestion & Answer
 Description: Drip gas collected from lines associated with the movement of natural gas on site is excluded. Drip gas collected from lines used for off-site movement is not excluded. Addresses the criterion for determining whether a particular waste is generated from on-site or off-site movement (SEE ALSO: RPC# 7/1/93-01).
 
11/21/1988CLARIFICATION REGARDING THE SCOPE OF THE EXEMPTION FOR LARGE VOLUMES OF WASTES GENERATED AT EXPLORATION AND PRODUCTION FACILITIESMemo
 Description: Acidic wastewater, field waste liquids, waste cement, waste lubricants, hydraulic fluids, motor oil and paint, waste solvents from equipment maintenance, and waste from truck cleaning operations are not exempt oil and gas wastes.
 
09/01/1988OIL AND GAS EXCLUSION APPLICABILITYQuestion & Answer
 Description: Wastes from subsurface natural gas storage and retrieval are exempt from hazardous waste regulation. Wastes associated with manufacturing or transportation are not exempt. Wastes generated at a gas storage facility that are not uniquely associated with the retrieval process are not exempt.
 
10/01/1987NATURAL GAS PIPELINE CONDENSATE AND ENERGY RECOVERYQuestion & Answer
 Description: Natural gas pipeline condensate can qualify as off-specification fuel and is thus exempt from the definition of solid waste when burned for energy recovery. Off-specification fuels are not by-products (SEE ALSO: RPC# 4/15/94-01).
 
09/15/1987BEVILL AMENDMENT APPLIED TO COAL GASIFICATION FACILITYMemo
 Description: The Bevill exemption for fossil fuel combustion wastes applies to controlled oxygen-starved coal combustion, if at least 50% of the fuel mix is coal. Coal gasification wastes qualify for the mining waste exclusion. Residues are excluded if they are derived from the treatment of wastes generated from Bevill exempt mining and mineral processing wastes.
 
03/17/1987RESIDUES FROM U.S. NAVY SALVAGE FUEL BOILERMemo
 Description: Ash from a U.S. Navy salvage fuel boiler plant is not eligible for the household hazardous waste exclusion. The Bevill exemption for fossil fuel combustion wastes includes ash generated from combustion of coal-waste mixtures where coal makes up more than 50% of the fuel mixture (SEE ALSO: see 266.112).
 
03/10/1987RCRA “SPECIAL STUDY’ WASTE DEFINITIONS AND SITES THAT REQUIRE ADDITIONAL CONSIDERATION PRIOR TO NPL PROPOSAL UNDER THE SUPERFUND AMENDMENTS AND REAUTHORIZATION ACTMemo
 Description: Fossil fuels must be 50% of the fuel mix to qualify for the Bevill fossil fuel combustion exemption. Provides a definition of extraction, beneficiation, processing, large volume waste, cement kiln dust, bottom, fly ash, boiler slag, and flue gas desulfurization sludge. Discusses the criteria and examples for the oil, gas exploration, and development exclusion.
 
01/13/1987OIL AND GAS EXPLORATION EXCLUSIONMemo
 Description: “Other wastes” include wastes that are intrinsically derived from the exploration, development, or production of crude oil, natural gas, or geothermal energy (3001(b)(2)). Explains “intrinsically derived from the primary field operation.” Discusses EPA’s four criteria for determining when a waste is exempt.
 
10/20/1986STATE AUTHORIZATION TO REGULATE HAZARDOUS COMPONENTS OF RADIOACTIVE MIXED WASTESMemo
 Description: Until an authorized state is authorized for radioactive mixed waste, handlers of such wastes are not subject to RCRA. Mixed waste is a solid waste for purposes of corrective action. States applying for HSWA corrective action authorization must also get authorized for mixed waste.
 
06/16/1986RESIDUAL WATER DERIVED FROM AN EXEMPT WASTE (COAL ASH) IS EXEMPTMemo
 Description: Residual water that becomes corrosive (D002) from Bevill exempt fossil fuel combustion waste is also exempt. Residual water derived from an exempt waste is exempt.
 
04/21/1986PRECIPITATION WHICH IS CORROSIVE DUE TO CONTACT WITH EXEMPT WASTES (COAL GASIFICATION ASH)Memo
 Description: Precipitation that becomes corrosive (D002) solely as a result of contact with Bevill exempt fossil fuel combustion wastes (such as coal gasification ash) is exempt since characteristic is derived from the exempt waste.
 
02/01/1986FOSSIL FUEL COMBUSTION WASTE EXCLUSIONQuestion & Answer
 Description: Quench water that becomes corrosive (D002) as a result of contact with ash from coal combustion is exempt under the section 261.4(b)(4) Bevill exclusion for fossil fuel combustion wastes since the characteristic is derived from exempt waste.
 
08/16/1984COAL/FOSSIL FUEL COMBUSTION WASTES EXCLUDED FROM SUBTITLE C PENDING FURTHER STUDYMemo
 Description: Fly ash waste, bottom ash waste, slag waste, and flue gas emission control dust, is excluded under the Bevill exemption for fossil fuel combustion wastes until studied. Even though EPA’s study has focused on coal-fired electric utilities, wastes from the combustion of coal, oil, or natural gas from any source are excluded (SEE ALSO: 56 FR 7134; 2/21/91; 58 FR 42468; 8/9/93).
 
08/01/1984UNDETONATED EXPOSIVES, DISPOSAL OF OFF-SPECIFICATIONQuestion & Answer
 Description: The disposal of off-specification, undetonated explosives used in oil exploration is not covered under the 261.4(b)(5) Bevill exclusion.
 
07/01/1984PRODUCED WATERS FROM NATURAL GAS EXPLORATION - EXCLUSIONQuestion & Answer
 Description: A water-methanol mixture used to prevent wellheads from freezing qualifies for the 261.4(b)(5) exclusion when discarded.
 
07/01/1984RECYCLING BAGHOUSE DUSTQuestion & Answer
 Description: Baghouse dust from an incinerator that burns non-fossil fuels is hazardous if it is characteristic. Dust that is not excluded under the 261.4(b)(4) Bevill exemption for fossil fuel combustion wastes is considered a sludge for purposes of the recycling regulations.
 
07/01/1984SMELTER SLAGQuestion & Answer
 Description: Smelter slag does not qualify for the 261.4(b)(4) Bevill exemption for fossil fuel combustion wastes, but it may qualify for the 261.4(b)(7) exemption for the processing of ores and minerals.
 
06/01/1984AQUEOUS SOLUTION FROM COAL FLUE GAS EMISSIONS ARE EXEMPTQuestion & Answer
 Description: Emission control wastes from flue gas desulfurization are exempt under the 261.4(b)(4) Bevill exemption for fossil fuel combustion wastes.
 
04/01/1984WASTE FROM CLEANING DRILLING EQUIPMENTQuestion & Answer
 Description: Water used to steam-clean oil and gas drilling equipment off site is excluded under 261.4(b)(5). Solvent used to clean equipment is not excluded because it is not uniquely associated with the industry.
 
05/25/1983OIL AND GAS EXEMPTION IN 3001(B)(2)(A) OF RCRA: IRON SPONGE PROCESSMemo
 Description: A waste iron sponge used to sweeten (remove hydrogen sulfide) natural gas at a natural gas processing plant is not excluded from the definition of hazardous waste by the 3001(b)(2)(A) exemption for exploration, production, and development wastes. Provides a general description of the natural gas production process.
 
04/19/1983SUBTITLE C EXCLUSION OF DRILLING FLUIDS AND PRODUCED WATERSMemo
 Description: The exploration, development, or production (EDP) exclusion applies only to wastes that are uniquely associated with crude oil, natural gas or geothermal energy EDP. Spent solvents, pesticide wastes, and discarded CCPs that are not uniquely associated are not excluded (similar to Bevill policy on mining and mineral processing at 261.4(b)(7) or cement kiln dust exclusion at 261.4(b)(8)) (SEE ALSO: 63 FR 28556; 5/26/98).
 
11/06/1981RESIDUES REMOVED FROM COMPRESSED GAS CYLINDERSMemo
 Description: Discarded compressed gas cylinders containing gaseous, liquid, or physically solid (i.e., non-empty containers) the residues in the cylinders become hazardous wastes because they are being discarded and the residues and cylinders must be handled in compliance with the RCRA regulations. Wastes removed from or derived from the treatment of the cylinders may also be regulated as hazardous waste. Any gas cylinder handling facility is not subject to RCRA regulations in the handling, neutralization, scrubbing, flaring, or venting of gaseous residues removed from compressed gas cylinders.
 
02/18/1981EPA REGULATION OF UTILITY WASTEMemo
 Description: The Bevill exemption for fossil fuel combustion wastes covers wastes from burning mix of fossil and alternative fuels, as long as the mix is at least 50% fossil fuels. The exclusion covers wastes from burning coal and hazardous waste, as long as mix is at least 50% coal (SUPERSEDED: see 266.112). "Primarily" means 50% fossil fuels. The exclusion covers wastes generated, mixed, co-disposed or co-treated with large-volume fossil fuel wastes. The exemption is restricted to wastes directly associated with combustion, steam generation or water cooling. Clarification of co-management (SUPERSEDED: See 58 FR 42466; 8/9/93).
 
01/13/1981FOSSIL FUEL COMBUSTION WASTE EXCLUSION IN 261.4(B)(4), FUEL MIXTURESMemo
 Description: Fossil fuels include coal, oil, and natural gas. “Primarily” means fossil fuels constitute 50% of the fuel. Wastes from the burning of coal and hazardous waste are excluded under the Bevill exemption for fossil fuel combustion (FFC) wastes if coal is >50% of the fuel. Boiler cleaning solutions, boiler blowdown, demineralizer regenerant, pyrites, and cooling tower blowdown are exempt if they are co-disposed or co-treated (SUPERSEDED: See 65 FR 32213, 32219; 5/22/2000). Activities that are not directly associated with FFC are not excluded (e.g., plant maintenance or construction). Combustion wastes that are specifically listed are not excluded. Boiler blowdown, boiler cleaning solutions, demineralizer regenerant, pyrites, cooling tower blowdown (hereinafter “other wastes”) disposed of or treated separately from FFC wastes or mixed with only small amounts of FFC waste are not exempt (SEE ALSO: 56 FR 7134; 2/21/91, 58 FR 42468; 8/9/93).
 
11/03/1980DISCARDED RESIDUAL GASES IN COMPRESSED GAS CYLINDERSMemo
 Description: Residual gases in a cylinder transported with minimum pressure as a matter of safety are not regulated as hazardous waste because it has not been discarded. The material is not discarded until the cylinder reaches the supplier and a decision is made whether to discard the residual gas. Returning the cylinder to the supplier does not make the customer a hazardous waste generator.
 
09/04/1980DRILLING OPERATIONS, EXEMPTION OF CERTAIN WASTE FROMMemo
 Description: The exclusion in 261.4(b)(5) applies to only oil, natural gas, or geothermal exploration. Similar wastes from other operations may be regulated if they are characteristic. Generators may apply knowledge in lieu of testing.
 
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