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Produced Water White Paper 25 4 Regulatory Requirements Governing Produced Water Management 4.1 Introductory Remarks In 1980, Congress conditionally exempted oil and gas E&P wastes, including produced water, from the hazardous waste management requirements of Subtitle C of the Resource Conservation and Recovery Act (RCRA) — RCRA Sections 3001(b)(2)(A), 8002(m). In addition to directing the U.S. Environmental Protection Agency (the EPA or the Agency) to study these wastes and submit a report to Congress on the status of their management, Congress required the Agency either to promulgate regulations under Subtitle C of RCRA or make a determination that such regulations were unwarranted. In 1988, the EPA published its regulatory determination in the Federal Register (FR) at 53 FR 25447 (July 6, 1988). Produced water ranks first on the list of wastes that are generally exempt and warrant no regulation under Subtitle C of RCRA. The EPA states in the Code of Federal Regulations (CFR) that “produced wastewater” is among “[s]olid wastes which are not hazardous wastes” (40 CFR §261.4(b)(5)). The federal E&P RCRA Subtitle C exemption did however not preclude these wastes from control under other federal and state regulations (including oil and gas conservation programs and some hazardous waste programs) (EPA 2002). Produced water management generally bifurcates into discharge and injection operations. Most of onshore produced water is injected, while most of the offshore produced water is discharged and only some is injected. Section 4.2 discusses regulatory requirements for surface discharge of produced waters. Section 4.3 covers subsurface disposal of produced waters. 4.2 Discharge of Produced Waters The Clean Water Act (CWA) requires that all discharges of pollutants to surface waters (streams, rivers, lakes, bays, and oceans) must be authorized by a permit issued under the National Pollutant Discharge Elimination System (NPDES) program. The two basic types of NPDES permits issued are individual and general permits. Individual NPDES permits are specifically tailored to individual facilities. General NPDES permits cover multiple facilities within a certain category located in a specific geographical area. Under the CWA, the EPA has the authority to implement the NPDES program. The Agency may authorize states — as well as territories and tribes — to implement all or parts of the national program. Once approved, a state gains the authority to issue permits and administer the program. However, the EPA retains the opportunity to review the permits issued by the state and formally object to elements deemed in conflict with federal requirements. Absent approval of a state, the EPA operates the NPDES program in direct implementation.PDF Image | Produced Water from Production of Crude Oil
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