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RCRA Box 321 

Prepped by Ryan Dugan 

Document Number: 

246) OGRC-S0038.A 

Docket Number: 

F-93-OGRC-FFFFF 

Printed 5/8/2007 3:36:33 PM Sheet 246 of 259 
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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON. D.C. 20460 

APR I 

Mr. Paul M. Bohannon, Esq. 

Porter & Clements 

NCNB Center 

7000 Louisiana, Suite 3500 

Houston, Texas 77002-2730 

Dear Mr. Bohannon: 

This is to inform you that we have concluded our review of 

the September 18, 1990 Reguest by Waste Crude Oil Reclaimers 

concerning the applicability of Subtitle C of the Resource 

Conservation and Recovery Act (RCRA) to crude oil reclaimer wastes. 

This letter continues with a summary of our tentative conclusions 

from the review of the request and our course of action for 

responding to the request. 

In light of your request, and based upon our communications 

with various state regulatory authorities and industry 

representatives, it appears both necessary and appropriate at this 

time to clarify the Regulatory Determination for Oil and Gas and 

Geothermal Exploration, Development and Production Wastes (see 

53 FR 25446; July 6, 1988) with respect to crude oil reclaimer 

wastes. The Agency plans to respond to your request in the form 

of an interpretive notice that will be published in the Federal 

Register. The notice would explain and clarify the intended 

meaning of the language concerning wastes from crude oil and tank 

bottom reclaimers that appeared in the Agency's Regulatory 

Determination. Specifically, the forthcoming notice would identify 

those reclaimer wastes that are and are not exempt from Subtitle 

C of RCRA. 

While the Agency plans to detail its explanation of exempt 

and non-exempt wastes in the forthcoming notice, following is a 

brief summary of our preliminary position on reclaimers' wastes. 

Generally, those wastes that are derived from the processing by 

reclaimers of only exempt wastes from primary oil and gas field 

operations are also exempt from the requirements of Subtitle C. 

For example, wastes generated from the process of recovering crude 

oil from tank bottoms obtained from product storage facilities at 

primary field operations.are exempt from Subtitle C because the 

product storage tank bottoms are exempt. This is based largely on 

the long held principle that, generally, wastes derived from exempt 

wastes remain exempt. 
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However, there are also solid and liquid wastes from reclaimer 

operations that are not exempt from Subtitle C to which the Agency 

intended to refer in its 1988 notice. Generally, those reclaimer 

wastes derived- from non-exempt oilfield wastes or that otherwise 

contain materials which are not uniquely associated with or 

intrinsic to primary exploration and production field operations 

would not be exempt. An example of these non-exempt wastes would 

be waste solvent generated from the solvent cleaning of tank trucks 

that are used to transport oil field tank bottoms. Such wastes 

would not be exempt from Subtitle C because the use of solvent is 

neither unique nor intrinsic to the production of crude oil. 

The Agency plans to issue the notice as a clarification to a 

past Agency action — the Regulatory Determination process — which 

was subjected to public review and comment procedures. As such, 

the Agency would not solicit comments or additional information on 

the forthcoming notice. However, the Agency's public docket on the 

Regulatory Determination will be supplemented with materials you 

supplied, as well as other materials obtained by the Agency during 

the course of evaluating your September 18, 1990 request. 

The Agency realizes the significant role that waste crude oil 

reclaimers can play in contributing to its waste minimization 

policy and goals. Our upcoming interpretive notice will allow us 

to avoid the inequities that would be imposed if we were to 

classify wastes that are exempt at primary field operations as nonexempt when generated off-site by commercial reclaimers. We trust 

that this letter, and the forthcoming Federal Register notice will 

be responsive to the concerns you and 'others have raised. 

Meanwhile, if you have any questions, please contact 

Mr. Bob Tonetti at (703) 308-8426. 

Sincerely, 

Don R. Clay ' x-*r\ 

Assistant Administrator*