VAN BUSKIRK, JAMES, No Affiliation Available:

ABSTRACT: EPA's Role in Regulating Exploration and Production Waste: The Petroleum and E&P Waste Exclusion's Effect on RCRA and CERCLA Liabilities

Much confusion exists in the oil and gas industry regarding the applicability of CERCLA and RCRA authorities on exploration and production (E&P) wastes. Much of the confusion arises from a lack of knowledge regarding the relationship between RCRA and CERCLA and misinterpretations of exclusionary provisions contained in those statutes. Both statutes contain exclusions for petroleum and petroleum products and RCRA excludes E & P waste from regulation under Subtitle C (these wastes are, however, regulated under Subtitle D). CERCLA also contains language that has been interpreted by some industry members as totally excluding E & P waste from remedial and liability authorities.

A better understanding of these issues along with more conscientious thought given to the potential impact of oil and gas exploration and production activities on the environment will help clear up the confusion and could possibly result in the avoidance of costly remediation in the future. Notwithstanding industry's arguments, EPA has listed at least three abandoned sites that dealt primarily with E & P wastes onto the Superfund National Priorities List. These three sites (PAB Oil, D. L. Mud and Gulf Coast Vacuum) will require extensive investigative and remedial costs and the generators, transporters and owners/operators of the wastes found at the sites will be asked to pick up the tab.

AAPG Search and Discovery Article #90987©1993 AAPG Annual Convention, New Orleans, Louisiana, April 25-28, 1993.