NPDES PERMITS NOT REQUIRED FOR OIL AND GAS EXPLORATION, PRODUCTION, OR PROCESSING OPERATIONS

摘要

The Environmental Protection Agency (EPA) recently issued final regulations modifying the National Pollutant Discharge Elimination System (NPDES) regulations to provide that certain storm water discharges from oil field activities or operations, including construction, associated with oil and gas exploration, production, processing, or treatment operations, or transmission facilities are exempt from NPDES permit requirements. 71 Fed. Reg. 33,628 (June 12,2006) (to be codified at 40 C.F.R. pt. 122). The rule implements an amendment to the Clean Water Act contained in the Energy Policy Act of 2005. That amendment expanded the scope of oil- and gas-related activities that are exempt from the requirements to obtain an NPDES permit for storm water discharges to include most storm water discharges from construction activities associated with oil and gas field operations less than five acres in size. Under the new final rule, storm water discharges from construction activity associated with oil and gas field operations are exempt from NPDES permitting requirements, except in situations where the construction-related activity results in the discharge of a hazardous substance or oil in (reportable) quantities, or in situations where the discharge of a pollutant other than sediment contributes to a violation of an applicable water quality standard.