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| "The nation behaves well if it treats the natural resources as assets which it must turn over to the next generation increased and not impaired in value." Teddy Roosevelt | Raymond
Proffitt Foundation P.O. Box - 723 Langhorne, Pa. 19047-0723 gateway@rayproffitt.org http://www.rayproffitt.org |
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Another Sneak Attack
by the Oil and Gas Industry!
Comments Needed NOW!
In a recent Pollution Update [http://www.rayproffitt.org/pu2002/12242002.htm] we outlined how Pennsylvania’s oil and gas industry tried to sneak through a bill that would exempt them from environmental laws the rest of us obey. We also said that they weren’t done, and we were right. It looks like they have opened up a second front, this time on a national basis. We have a chance to comment on their idea, but we have to hurry as comments are due by next week.
On Monday, December 30, 2002, EPA proposed to delay NPDES permit requirements for storm water discharges associated with construction activities that disturb between one and five acres at oil and gas sites until March 10, 2005. Prior to this announcement, implementation of the so- called Phase II rule was to take place on March 10, 2003. This two-year delay would only apply to construction activities at oil and gas sites. No other industry will be given this special treatment. But wait, it gets better! EPA also announced that it will consider exempting the oil and gas industry from NPDES storm water discharge permit requirements (for uncontaminated sediment discharges) all together.
Tell EPA that:
they have already identified, in past rule makings and pursuant to section 1342(p)(6) of the Clean Water Act, that small construction activities (those that disturb between 1-5 acres) significantly contribute to water quality degradation. As such, the CWA dictates that EPA must "establish expeditious deadlines" for implementing a regulatory program for these discharges. Cutting the oil and gas industry a two year break from the requirements that the rest of the construction industry must live with is contrary to this statutory requirement and is also contrary to EPA's duties to protect water quality.
they should not consider exempting the oil and gas industry from NPDES storm water permit requirements. EPA's long standing interpretation of the Clean Water Act is correct and the current regulations appropriately distinguish between construction activities and oil and gas exploration and production operations.
Comments must be received by January 29, 2003 and can be e-mailed to ow-docket@epa.gov In the subject line type "Docket ID No. OW-2002-0068". Sample comments below.
For a copy of the Federal Register notice go to: http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2002/pdf/02-32984.pdf
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To whom it may concern:
Regarding Docket ID No. OW-2002-0068, I am against exempting for another two years the oil and gas industry from storm water discharges on construction sites that disturb 1-5 acres. The Clean Water Act and past EPA rulemakings correctly identified small construction activities as significantly degrading water quality. The rest of the construction industry will live with the statutory requirement starting in a few weeks, and the oil and gas industry should as well. EPA should not even be proposing this rule, as it is clearly contrary to your duty to protect the Nation’s water quality.
In addition, there is no reason to exempt the industry from permitting requirements for discharge of uncontaminated sediment, as this material can and often does pollute our waters, even though it is uncontaminated. Sediment one of our biggest pollution problems and we don’t need an entire industry exempted from the law. The current regulations which interpret the Clean Water Act are correct.
Sincerely
name/address
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