Events

Babst Calland Shareholder, Jean Mosites will be presenting at the Air & Waste Management Association, Allegheny Mountain Section Luncheon on November 10, 2016.

In 1978, EPA’s first proposed hazardous waste regulations under RCRA contained a carve-out for “oil and gas drilling muds” and “production brines” exempting them from storage, treatment and disposal standards to which hazardous wastes were subject.  EPA justified the classification because such wastes were high in volume and low in toxicity.  In 1980, RCRA was amended to exempt drilling fluids, produced waters, and other wastes associate with the exploration, development or production of oil and gas, pending study and determination by EPA, which subsequently determined that

Babst Calland Shareholder, Jean Mosites will be presenting at the Air & Waste Management Association, Allegheny Mountain Section Luncheon on November 10, 2016.

In 1978, EPA’s first proposed hazardous waste regulations under RCRA contained a carve-out for “oil and gas drilling muds” and “production brines” exempting them from storage, treatment and disposal standards to which hazardous wastes were subject.  EPA justified the classification because such wastes were high in volume and low in toxicity.  In 1980, RCRA was amended to exempt drilling fluids, produced waters, and other wastes associate with the exploration, development or production of oil and gas, pending study and determination by EPA, which subsequently determined that regulation under RCRA subtitle C was not warranted.  EPA, however, has recently been challenged by a coalition of NGO’s alleging that EPA failed to perform required triennial reviews required under subtitle D of RCRA.

This presentation will address the scope of the exemption as it has existed and evolved since 1988, consider various liability scenarios for the handling of such waste under applicable law, and review some of the implications of current legal challenges.