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EPA/WATER RIN: 2040-AF05 Publication ID: Spring 2009 
Title: ●Oil and Gas Construction Stormwater Rule 
Abstract: On June 12, 2006, EPA published a final rule to address a new provision added by the Energy Policy Act of 2005. The 2006 regulation effectively exempted from NPDES permit requirements stormwater discharges of sediment from construction activities associated with oil and gas exploration, production, processing, or treatment operations or transmission facilities unless the relevant facility had a discharge of stormwater resulting in a discharge of a reportable quantity of oil or hazardous substances. Shortly thereafter, the Natural Resources Defense Council (NRDC) petitioned the Ninth Circuit Court of Appeals (Ninth Circuit) for direct review of EPA's action. On May 23, 2008, the Ninth Circuit Court of Appeals issued an opinion in Natural Resources Defense Council v. United States Environmental Protection Agency, 526 F.3d 591 (9th Cir. 2008), vacating EPA's 2006 oil and gas construction stormwater regulation. On July 21, 2008, EPA filed a petition for rehearing in this case. On November 3, 2008, the Ninth Circuit Court of Appeals issued its order denying EPA’s request for rehearing of the Court’s decision vacating EPA's 2006 oil and gas construction stormwater regulation. This action initiation request for rulemaking is to prepare a direct final rule that removes the regulatory language codified in the 2006 rulemaking and adds the revised 2005 Energy Policy Act definition of "oil and gas exploration, production, processing, treatment, and transmission operations." The Agency uses this term to define the specific activities exempt from NPDES permitting as identified in section 402(l)(2) of the Clean Water Act which specifies that EPA and states shall not require NPDES permits for uncontaminated stormwater discharges from oil and gas exploration, production, processing or treatment operations, or transmission facilities. 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: Undetermined 
CFR Citation: Not Yet Determined     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: Not Yet Determined   
Legal Deadline:
Action Source Description Date
Other  Statutory  The oil and gas rule court-ordered vacature took effect on November 19, 2008.  11/19/2008 
Timetable:
Action Date FR Cite
NPRM  09/00/2009    
Direct Final Action  09/00/2009    
Additional Information: SAN No. 5330
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Jack Faulk
Environmental Protection Agency
Water
4203M, 1200 Pennsylvania Avenue NW,
Washington, DC 20460
Phone:202 564-0768
Fax:202 564-6431
Email: faulk.jack@epa.gov

Connie Bosma
Environmental Protection Agency
Water
Mail Code 4203M, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460
Phone:202 564-6773
Fax:202 564-6431
Email: bosma.connie@epa.gov