P.1 

RCRA Box 321 

Prepped by Ryan Dugan 

Document Number: 

223)OGRC-S0017 

Docket Number: 

F-93-OGRC-FFFFF 

Printed 5/8/2007 3:36:32 PM Sheet 223 of 259 
P.2 

OG-RC-SOO/J 

ATTORNEYS 

A PARTNERSHIP INCLUDING 

PROFESSIONAL CORPORATIONS 

ANNA MAH1E WOOD 

(713) 226-0834 

PORTER & CLEMENTS 

NCNB CENTFK 

700 LOUISIANA. SUIVF. XCCl 

HOUSTON, TEXAS 77002-S73 0 

TELEPHONE(713) 226-0600 

TELECOPIER(713) 228-1331 

TELECOPIER(7t3) 224-4835 

TELECOPIER(713) 236-9632 

TELEX 775-348 

MAILING ADDRESS: 

P.O.BOX 4744 

HOUSTON,TX 77210-4744 

BOH15/001 

VIA FAX 

(202) 252-0225 

September 12, 1990 

VIA FAX 

(202) 252-0090 

Mr. Steve Cochran 

Office of Solid Waste & 

Emergency Response 

Characteristic and 

Assessment Division 

The United States Environmental 

Protection Agency 

401 M. Street, S.W. 

Washington, D.C. 20460 

Mr. Bob Hall 

Office of Solid Waste & 

Emergency Response -

Special Waste Division 

The United States Environmental 

Protection Agency 

401 M. Street, S.W. 

Washington, D.C. 20460 

Re: Meeting with EPA Representatives concerning 

implementation of TCLP 

Gentlemen: 

Pursuant to our previous telephone conversations, I would like 

to request a meeting on September 20, 1990 at 10:00 a.m. with 

appropriate EPA representatives to discuss the following matters: 

1. The applicability of the TCLP to crude oil reclaimers; 

2. The impact of the TCLP on crude oil reclaimers; 

3. The economic and environmental policy implications of 

applying TCLP to crude oil reclaimers; 

4. The effect on human health and the environment if crude 

oil reclaimers are subject to TCLP; 

5. A stay of the enforcement of TCLP on an emergency basis 

as applied to crude oil reclaimers; or 

6. A stay of the effective date of TCLP for crude oil 

reclaimers pending a redetermination of the non-exempt 

status of solid and liquid wastes produced by crude oil 

reclaimers; or 
P.3 

Mr. Steve Cochran 

Mr. Bob Hall 

September 12, 1990 

Page 2 

7. An expedited clarification by EPA that the E&P exemption 

applies to waste crude oil reclaiming tank bottoms. This 

is the "exempt material remains exempt" issue. 

The concern from an environmental standpoint is that when 

confronted with an estimated tank bottom disposal cost of 

$235.00/yd3, the E&P operators may be forced to dispose of waste 

crude oil on site. 

The persons I anticipate attending the meeting (either in 

person or by telephone) include: 

1) A representative from the Texas Railroad Commission; 

2) A representative from the New Mexico Oil Conservation 

Division; 

3) Representatives of two or more crude oil reclaimation 

companies; 

4) Representatives of two major oil companies; 

5) Paul M. Bohannon and Anna Marie Wood, counsel for one of 

the crude oil reclaimation companies; 

6) An API representative; and 

7) Barry Russell, a representative of PBPA. 

As I indicated earlier, we are willing to meet at your offices 

in Washington and would like to schedule a meeting for 

September 20th. If September 20th is not possible, we .would like 

to schedule a meeting as soon as possible. This is especially 

imperative given the rapidly approaching effective date of the 

TCLP. Please do not hesitate to contact me if you need any 

additional information. Thank you both for your gracious and 

professional assistance to date. 

Very truly yours, 

\MSIMSL 

Anna Mari e Wood 

MjflQ 

POHTE E & CLEMENT S 
P.4 

Mr. Steve Cochran 

Mr. Bob Hall 

September 12, 1990 

Page 3 

AMV\j' 

3208c:\docs 

BOH15001\001 

Enclosure 

cc: Mr. Mike Fitzpatrick 

Mr. Robert Scarberry 

Mr. Dave Polter 

Mr. Charle's Root 

Mr. Paul M. Bohannon 

POHTE R & CLEMENT S