| Six senators
question EPA stormwater reprieve to oil industry By Bruce Geiselman March 8 Six senators have written a letter to the head of the Environmental Protection Agency questioning why the agency has proposed granting relief to the oil and gas industry from some stormwater regulations included in the Clean Water Act. The senators, five Democrats and Sen. James Jeffords, I-Vt., the ranking member of the Senate Environment Committee, also questioned whether "industry influence" led to the changes. The EPA on Jan. 6 proposed amendments to the National Pollution Discharge Elimination System regulations for stormwater discharges that would affect the oil and gas industries. The changes would make it easier for oil and gas exploration, production, processing, treatment, and transmission facilities to avoid requirements for stormwater permits. The EPA said the action was necessary to implement a section of the Energy Policy Act of 2005 dealing with oil and gas exploration. The Energy Policy Act encourages the development of domestic energy sources and energy conservation. However, Jeffords and the Democrats who signed the letter to EPA Administrator Stephen Johnson contend that the agency in writing the amendments incorrectly interpreted the 1987 Clean Water Act passed by Congress. The EPA incorrectly excluded sediment contamination as a factor that may cause a normally exempt activity under oil and gas exploration and production to require a stormwater permit, according to the senators. "We strongly disagree with this agency taking this action under the guise of congressional intent," states the letter signed by the senators. "The exemption created under Section 323 of the Energy Policy Act of 2005 represents a significant rollback in Clean Water Act protection." Sediment discharges can cause significant water quality problems, including clouding water, decreasing photosynthetic activity, reducing the viability of aquatic plants and animals, and ultimately destroying animals and their habitat, according to the senators´ letter. The EPA, in announcing the amendments in December, said the new policy would encourage voluntary application of best-management practices for oil and gas field construction activities to minimize erosion and control sediment. Details about the EPA´s proposed rulemaking are available online at www.epa.gov/npdes/stormwater/oilgas. The public comment period ended Feb. 21.
|
