In the January 6, 2006 Federal Register (Vol. 71, Number 4, page 894-901), the US Environmental Protection Agency (EPA) published a proposed rule that, in effect, would allow all oil and gas construction activities, regardless of size, to be eligible for exemption from key clauses of the National Pollutant Discharge Elimination System (NPDES).

In the rule, EPA states that: “This proposed regulation would implement Congress’ intention, in the Energy Policy Act of 2005, to exclude virtually all oil and gas construction activities from regulation under the NPDES storm water program.” The regulation states that permits would still be required if the storm water runoff contained pollutants, but that sediment alone would not trigger a requirement.

This flies in the face of EPA’s previously held views on sediment as being one of the main carriers of pollution. Senators Frank Lautenberg (D-NJ). Ken Salazar (D-CO) and Jim Jeffords (I-VT), in 2/21/06 comments on the proposed rule, write: “ In addition, the EPA proposal is outright irresponsible in light of clear information, including EPA’s own studies, showing that sediment is one of the leading causes of water pollution across the nation.”

If you wonder how EPA could have become party to such an egregious turnaround from its duty to protect the nation’s waters, you need go no further than this 9/20/02 letter of Ernest Angelo, Jr. of Petroleum Engineers, Midland Texas to Karl Rove. Swift action by Rove resulted in a December 30, 2002 letter by G. Tracy Mehan, III, Assistant Administrator at EPA to Mr. Angelo: “EPA is proposing a two-year postponement of the permit application deadline for oil and gas construction industry that disturbs one to five acres of land. The Agency is proposing this postponement in order to allow time for EPA to analyze and better evaluate…the appropriate best management practices for preventing contamination of storm water runoff resulting from construction associated with oil and gas operation…”

Three years later, the oil and gas industries are seeing their wishes enshrined as regulations of the US government.

Petroleum Engineer to Karl Rove
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Karl Rove to Petroleum Engineer
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EPA to Petroleum Engineer
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