RCRA Compliance

RCRA and Oil and Gas Operations

The Resource Conservation and Recovery Act (RCRA) is the federal framework that governs hazardous waste from generation through disposal. In Texas, TCEQ administers the RCRA program under EPA authorization. Any facility that generates hazardous waste is subject to generator requirements that vary in intensity based on how much waste the facility generates each month.

For oil and gas operators, understanding RCRA starts with knowing what it covers and what it does not. Most E&P wastes — drilling mud, drill cuttings, produced water, produced sand, and other materials that come directly out of the ground during exploration and production — are exempt from RCRA hazardous waste regulation under the Bevill Amendment (40 CFR 261.4(b)(5)). These wastes are regulated separately by TCEQ and the RRC under state rules.

What is not exempt: waste solvents, used oil destined for disposal, contaminated PPE and rags from chemical spills, spent treating chemicals, laboratory waste, and other non-E&P wastes generated at your facilities. These can be RCRA hazardous waste depending on their characteristics, and generators of those wastes must comply with the applicable generator standards.

Hazardous Waste Generator Categories

Your RCRA generator status determines the full set of requirements that apply to your facility. Status is determined monthly based on the quantity of hazardous waste generated in that calendar month — it is not a one-time designation. A facility that generates more waste than usual in a given month may temporarily move into a higher generator category with more stringent requirements.

Very Small Quantity Generator (VSQG)

Facilities that generate 100 kilograms (220 pounds) or less of hazardous waste per month, and one kilogram or less of acutely hazardous waste per month, qualify as Very Small Quantity Generators. VSQGs have the least burdensome set of requirements: no time-based storage limits, no manifest requirement for on-site treatment or disposal at certain facilities, and no contingency plan requirement. However, VSQGs must still properly identify their waste, ensure it goes to an appropriate facility, and avoid exceeding the quantity thresholds that would trigger a higher generator category.

Small Quantity Generator (SQG)

Facilities generating more than 100 kilograms but less than 1,000 kilograms (2,200 pounds) of hazardous waste per month are Small Quantity Generators. SQG requirements are substantially more demanding than VSQG: waste must be shipped off-site within 270 days, a designated emergency coordinator must be identified, employees must receive hazardous waste training, and manifests are required for all shipments. SQGs must also re-notify EPA of their generator status every two years under requirements added by the Generator Improvements Rule.

Large Quantity Generator (LQG)

Facilities generating 1,000 kilograms or more of hazardous waste per month — or any quantity of acutely hazardous waste above one kilogram — are Large Quantity Generators and face the full RCRA regulatory program. LQGs must ship waste off-site within 90 days, maintain a written contingency plan, conduct annual employee training, and submit a biennial report to EPA. Satellite accumulation areas and central accumulation areas must comply with specific labeling, container management, and inspection requirements. Penalties for LQG non-compliance are among the highest in the RCRA program.

The Hazardous Waste Generator Improvements Rule

The EPA Hazardous Waste Generator Improvements Rule, finalized in 2016 and phased into effect through 2018, was the most comprehensive revision to the RCRA generator regulations in decades. It reorganized the generator standards in 40 CFR Part 262, clarified requirements that had been sources of persistent compliance confusion, and added new obligations for both SQGs and LQGs.

Key changes under the Generator Improvements Rule include: mandatory re-notification requirements for SQGs and LQGs every two years, new episodic generation provisions that allow VSQGs and SQGs to temporarily generate more waste without permanently changing generator status, more detailed labeling requirements for all generator categories, and new provisions governing when a generator can manage hazardous waste in drip pads and containment buildings. Many operators have not fully updated their compliance programs to reflect these changes.