Can The EPA Regulate Oil and Gas Under RCRA?

The Resource Conservation and Recovery Act (RCRA) of 1976 requires the safe disposal of solid waste and hazardous materials.  In 1980, RCRA was amended to exempt waste from the production and development of oil and natural gas (E&P waste).  In 1988, the EPA issued a Regulatory Determination further exempting oil and natural gas producers from RCRA’s most stringent safety requirements. This left the task of regulating disposal of these wastes to states, which they have done to varying degrees. Recent reports show the extent of the problem and highlight the potentially fatal consequences. The regulatory determination was issued before fracking,… [more]