The EPA recently issued a memo to clarify how the Resource Conservation and Recovery Act (RCRA) applies to waste generated at offshore oil platforms. While the memo summarizes existing regulations and interpretations, it also changes the Agency’s previous interpretation regarding manifesting of hazardous wastes that are inside the 200-mile nautical seaward limit but beyond the limits of state waters.
The previous interpretations stated that RCRA manifesting was not required for hazardous waste transports outside state waters. The Agency now says that all federally regulated hazardous wastes transported in the 200-mile nautical limit—whether in state waters or federal waters—must comply with RCRA manifesting requirements.
Offshore drilling platforms are considered separate waste generation points subject to the 40 CFR Part 262 generator regulations. According to the new memo, RCRA regulations generally apply to hazardous wastes generated on offshore oil drilling platforms located within the jurisdiction of either any adjacent state authorized by the EPA to implement RCRA or the federal government. State territorial waters extend 3 miles offshore except for Texas and western Florida, which exercise authority up to 9 miles into the Gulf of Mexico. The federal government implements RCRA regulations for all oil platforms in the state waters of any state that is not RCRA-authorized.
When dealing with RCRA, bear in mind that authorized states may issue regulations that are more stringent than the analogous federal rules.
Attached to Seabed
RCRA applies to oil platforms inside state territorial waters. Beyond the state limits, the federal government implements the Outer Continental Shelf Lands Act (OCSLA). The OCSLA specifically provides for the application of federal law to “all installations and other devices permanently or temporarily attached to the seabed, which may be erected thereon for the purpose of exploring for, developing, or producing resources.” In other words, RCRA applies to all attached offshore oil platforms in the 200-mile nautical limit.
Exempt and Nonexempt
RCRA provisions at 40 CFR 261.4(b)(5) provide an exemption from the federal hazardous waste regulations for certain solid wastes generated by offshore platforms. Specifically exempted are “drilling fluids, produced waters, and other wastes associated with the exploration, development, or production of crude oil, natural gas, or thermal energy.” Wastes that are not exempted include unused fracturing fluids or acids; painting wastes, sandblast media; spent solvents; spilled chemicals and waste acids; used equipment lubrication oils; waste compressor oil; filters; used hydraulic fluids; and laboratory wastes. Generators must make a hazardous waste determination for these nonexempt wastes; if hazardous, these wastes must be handled in compliance with all RCRA rules, including requirements for safe on-site management, packaging, and labeling.
“Thus, one should not presume that all wastes generated aboard an oil platform are eligible for the exemption at 40 CFR 261.4(b)(5),” says the EPA.
Manifesting
Nonexempt hazardous wastes would also be subject to RCRA’s manifesting requirements. The signed manifest must accompany the hazardous wastes on vessels transporting the wastes from the oil platform to the receiving U.S. port. For hazardous wastes shipped to the designated facility in bulk, the transporter must comply with the applicable manifesting provisions for water (bulk) shipments at 40 CFR 263.20 or analogous authorized state regulations. Such transports are also subject to applicable U.S. Department of Transportation standards.
Receiving Facility
The onshore facility receiving the shipment at the U.S. port must either be a designated RCRA treatment, storage, or disposal facility or a transfer facility. Transfer facilities are subject to reduced requirements when they store hazardous waste for 10 or fewer days during the normal course of transportation.
New Interpretation
In 2013, EPA’s Office of Solid Waste and Emergency Response (OSWER, now the Office of Land and Emergency Management, or OLEM) published several online answers to questions regarding the transport of hazardous waste from an offshore oil rig to a port. The questions included Which agency has jurisdiction? Do the wastes need to be manifested while on water? and Do RCRA hazardous waste regulations apply to wastes generated by oil platforms in the Gulf of Mexico?
In each of its answers, OSWER concluded that RCRA was applicable to offshore oil platforms but that hazardous waste manifesting was not required if the platform was located within the U.S. 200-mile nautical seaward limit but beyond state waters. The OLEM memo changes this interpretation as follows:
“After further consideration of the language in the OCSLA, EPA is superseding [its 2013 answers] with this memorandum to make it clear that the RCRA regulations apply to such offshore oil platforms generating hazardous waste, including use of the hazardous waste manifest.”
OLEM’s memo is here.