Storm Water Program

On June 12, 2006, the United Stated Environmental Protection Agency (U.S.EPA) published a rule that exempts construction activities at oil and gas sites from the requirement to obtain an NPDES permit for storm water discharges except in very limited instances. These amendments are consistent with the Energy Policy Act of 2005 signed by the President Bush on August 8, 2005. This action also encourages voluntary application of best management practices for construction activities associated with oil and gas field activities and operations to minimize erosion and control sediment to protect surface water quality. The final rule is effective June 12, 2006.The Storm Water Unit of the State Water Resources Control Board anticipates the following questions as a result of the U.S.EPA rule.  A copy of the rule is available at:  http://cfpub.epa.gov/npdes/stormwater/oilgas.cfm.

• Are all storm water discharges from construction activity associated with oil and gas field operations exempt from storm water permitting requirements?
  No.  If the construction related activity results in the discharge of a hazardous substance or oil in “reportable” quantities or in situations when the discharge of a pollutant other than sediment contributes to the violation of an applicable water quality standard, the discharges will continue to be subject to National Pollutant Discharge Elimination System (NPDES) permitting requirements.

• Are Best Management Practices (BMPs) required?
  The rule does not require that operators select, install, and maintain BMPs to minimize discharges of pollutants (including sediment).  U.S.EPA is, however, encouraging operators of oil and gas field activities or operations to institute these practices both during and after construction activities whenever practicable.  The oil and gas industry has developed BMP guidance entitled “ Guidance Document: Reasonable and Prudent Practices for Stabilization (RAPPS) of Oil and Gas Construction Sites.

• What is U.S. EPA’s definition of "oil and gas exploration, production, processing, or treatment operations or transmission facilities"?
  For the purpose of the U.S. EPA's rule, the term "oil and gas exploration, production, processing, or treatment operations or transmission facilities" includes all field activities or operations associated with exploration, production, processing, or treatment operations or transmission facilities, including activities necessary to prepare a site for drilling and for the movement and placement of drilling equipment, whether or not such field activities or operations may be considered to be construction activities.

( updated 1/5/07 )