142 

 THE POLITICS OF EXEMPTION 



The Safe Drinking Woter Ac? 



Purpose: To prevent contamination of drinking water sources, including 

 groundwater; regulates contaminants in drinking water, and also 

 regulates deep-well injection of wastes. 



General Provision: House Report notes law's intent "not to authorize 

 needless interference with oil and gas production." Oil and gas 

 production, in other words, is accorded preferential treatment 

 over protecting drinking water. 



Exemption: Oil & gas wastes — exempt from RCRA "hazardous" definition — 

 allowed to be injected in less regulated, less structurally sound Class D 

 underground waste wells. Some 170,000 Class II wells in 31 states 

 are used for waste disposal and for enhanced oil recovery. Class II 

 wells are also subject to less strict regulatory provisions. 



Exemption: Existing owners and operators — estimated at 70% of all Class D wells 

 — exempt from abandoned well "area of review" requirement to search 

 for and remedy improperly plugged /leaking wells in nearby area. 



Other Maximum allowable daily fines for past or current violations by oil and 

 gas operators are half the level specified for others under EPA 

 Administrative Orders. 



Hazardous Liquid Pipeline Safety Act 



Purpose: Regulation of Hazardous Liquid Pipelines and establishment of 

 minimum federal safety standards. 



Exemption: Low-pressure, crude oil gathering lines of a diameter of six inches or 

 less, and located in rural areas, are exempt from regulation under 

 section 209. 



Clean Air Act of 1990 



Purpose: To improve public health by controlling and reducing air pollution. 



Exemption: Oil & gas platforms in federal offshore waters of Texas, Louisiana, 

 Mississippi & Alabama are exempt from air pollution regulations 

 required of onshore rigs. 



Other. Rule to regulate volatile organic compounds (VOCs) at marine-loading 

 terminals has not been issued, and EPA officials say that one of the 

 largest sources of such emissions — the Valdez, AK terminal with 

 43,000 tons annually — may be exempted if it is determined there is 

 no significant health risk. 



144 CRUDE AWAKENING 



