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EPA/WATER RIN: 2040-AF05 Publication ID: Fall 2010 
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 National Pollutant Discharge Elimination System (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 NRDC v. U.S. EPA, 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 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 direct final rule will (1) remove the codified 2006 rule from the Code of Federal Regulations consistent with the court vacatur and (2) codify the revised 2005 Energy Policy Act definition of "oil and gas exploration, production, processing, treatment, and transmission operations" to clarify that certain uncontaminated discharges from oil and gas construction activities are exempt from permitting as identified in section 402(I)(2) of the Clean Water Act. 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Long-Term Actions 
Major: No  Unfunded Mandates: Undetermined 
CFR Citation: 40 CFR 122.26(a)(2)(ii)   
Legal Authority: 33 USC 1342(l) and 1362(24)   
Legal Deadline:
Action Source Description Date
Other  Statutory  The oil and gas rule court-ordered vacatur took effect on November 19, 2008.  11/19/2008 
Timetable:
Action Date FR Cite
NPRM  To Be Determined    
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:
Bryan Rittenhouse
Environmental Protection Agency
Water
Mail Code 4203M, 1200 Pennsylvania Avenue NW.,
Washington, DC 20460
Phone:202 564-0577
Fax:202 564-6431
Email: rittenhouse.bryan@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