DSHW-2024-005121

3/5/2024
Ref: 8LCR-RC
Doug J. Hansen
Director, Division of Waste Management and Radiation Control
Utah Department of Environmental Quality
P.O. Box 144840
Salt Lake City, Utah 84114-4840
[e-mail]
RE: Regulation of Oil and Gas Solid Waste Facilities in Indian Country
Dear Mr. Hansen:
This letter is in response to your letter dated December 27, 2023, regarding the regulation of solid
waste facilities in Indian country. You expressed concern about the absence of a federal permitting
program for solid waste in Indian country. You noted that a significant amount of Utah’s exploration
and production waste (E&P waste) is managed within the exterior boundaries of the Uintah and Ouray
Indian Reservation and encouraged the EPA to develop a federal solid waste permitting program.
EPA Region 8 shares your concerns and we are working diligently to find short-term and long-term
solutions. We have also shared your concerns with EPA Headquarters. Although the EPA does not issue
permits for solid waste management facilities in Indian country, owners and operators of E&P waste
management facilities located in Indian country must comply with the requirements of 40 CFR part 257
subpart A to avoid being the owner or operator of an open dump. In an effort to provide clarity to
owners and operators of O&G E&P waste facilities located on the Uintah and Ouray Indian Reservation,
the Region 8 Resource Conservation and Recovery Act (RCRA) program sent them a letter dated
October 18, 2023. The attachment to the letter details the federal RCRA legal requirements for these
operations, shares best practices that will help ensure compliance with RCRA and regulations, and
includes supplementary E&P-related information and EPA contacts. In the letter, and generally, the
EPA strongly urges operators to evaluate and employ site-specific practices best suited to prevent
releases of E&P wastes to the environment and prevent wildlife from coming into contact with E&P
wastes during generation and management.
The EPA is authorized to conduct inspections of E&P waste management operations pursuant to

section 3007 of RCRA, 42 USC § 6927. EPA Region 8 will continue to conduct inspections of E&P waste
management operations in the Region to evaluate whether open dumping is occurring under section
4005 of RCRA and whether management of E&P waste at that location may not adequately protect
human health or the environment. If the EPA determines that handling of the E&P waste may present a
substantial hazard under section 3013 of RCRA, the EPA may issue an order requiring investigation into
the nature and extent of the hazard. If the EPA determines that handling of E&P waste may present an
imminent and substantial endangerment to human health or the environment under section 7003 of
RCRA, the EPA may take action to restrain such handling and take other actions as necessary.

The EPA appreciates your efforts to ensure protection of human health and the environment. The EPA
is exploring additional options to better ensure compliant and protective handling of E&P waste at all
facilities, including in Indian country. We will continue to work with you to identify solutions to the
discrepancies between the state and federal solid waste programs.
Questions regarding this letter can be addressed to my staff members: Jesse Newland 303-312-6353
([e-mail]) or Tara Hubner 303-312-6597 ([e-mail]).

Sincerely,

Amy Hensley
Branch Manager - RCRA Branch
Land, Chemicals and Redevelopment Division

cc: Alrita Murray, Ute Tribal GAP Coordinator: [e-mail]
Luana Thompson, Ute Natural Resources Director: [e-mail]
Jalynn Knudsen, Assistant Director, DWMRC, UDEQ: [e-mail]
Brian Speer, UDEQ Solid Waste Manager: [e-mail]
Bart Kettle, DD UDOGM: [e-mail]
Bret Randall, Utah AG: [e-mail]
Raymond Wixom, Utah AG: [e-mail]
Brendan Catt, Utah AG: [e-mail]