EPA NPDES Loophole

New U.S. Environmental Protection Agency (EPA) clean water regulations, demanding that construction sites larger than one acre (0.4 ha) obtain a

National Pollution Discharge Elimination System (NPDES) permit, became effective March 10. (The rule has applied to sites larger than 5 acres/2 ha since 1990.) The regulations were not enacted as originally envisioned by the Clinton administration, however. EPA has drawn a loophole around the oil and gas industry, at least temporarily, declaring drilling sites exempt from the regulation. Because construction at oil and gas sites differ from other types of construction, especially in its short time frame, EPA has postponed the compliance deadline for this industry until March 10, 2005. The extra two years will give EPA time to analyze the impact the requirements would have on the oil and gas industry and to determine whether oil and gas construction is unique enough to warrant distinct regulatory treatment. Details are available from EPA on the Web at:

www.epa.gov/npdes/pubs/oil&gas_fr_prepublication.pdf.