141 

 THE POLITICS OF EXEMPTION 



BIG OIL'S BIG EXEMPTIONS 



RCRA • The Resource Conservation & Recovery Ad 



Purpose: To foster safe management and disposal of waste; defines hazardous 

 wastes and chemicals to be regulated as hazardous; prohibits disposal 

 of hazardous waste, except in permitted facilities. 



Exemption: Drilling fluids, produced waters, and wastes associated with 

 oil and gas exploration, development, or production. 



Other: Petroleum pipelines exempt from RCRA; weaker underground storage tank 

 regulations; cleanups of leaking underground storage tanks exempt from 

 toxicity characteristic; above ground crude oil storage tanks exempt 

 from RCRA; used motor oil considered "non-hazardous." 



SUPERFUND - Comprehensive Response, Compensotion & Liability Act 



Purpose: To foster the prompt cleanup of hazardous substances released into the 

 environment, mostly in toxic waste dumps. 



Exemption: Petroleum, natural gas, and synthetic gas exempted from this law's 

 definition of hazardous substances. 



The Clean Water Act 



Purpose: To eliminate pollution discharges into the nation's waterways 



through the National Pollution Discharge Elimination System (NPDES). 

 NPDES permits required for surface water discharge. 



Exemption: Stripper wells (less than 10 bbls/day) exempt from zero discharge 

 requirement for produced water & associated wastes; 



Exemption: West of 98th meridian, produced water from any well may be dis- 

 charged 



into navigable waters or used for wildlife or irrigation under "beneficial 



use" provisos. 



Clean Woter Act and Rivers & Harbors Act 



Special Provision: Under the Army Corps of Engineers regulation of dredging and 

 construction activities in the coastal and offshore areas of the United 

 States under Section 404 of the Clean Water Act and Section 10 of the 

 Rivers and Harbors Act there is a special provision allowing for 

 "nationwide permits," called no. 8 permits, which is type of blanket 

 permit that does not require the same level of detail and environmental 

 review that specific permits due. Oil and gas structures, in other words, 

 do not have to go through the same level of review that a port authority 

 might have to in building or expanding its facilities. 



Friends of the Earth CRUDE AWAKENING 143 



73-024 0-94-6 



