Applicability of CWA to Land Based Oil and Natural Gas Extraction and Production Sector

It is up to each facility to understand its responsibilities under the CWA in each individual case. For guidance purposes only, the following is a listing of those CWA statutes, regulations or guidance which could apply to facilities engaged in oil and/or gas exploration, extraction, well completion or workover, production, or transmission.


NPDES Permit Program
  • 40 CFR 122. EPA Administered Permit Programs: National Pollutant Discharge Elimination System
  • 40 CFR 122.28. General Permits
  • CWA Section 402. Clean Water Act, Section 402, National Pollutant Discharge Elimination System

Wastewater Discharge

Direct Discharge

Indirect Discharge
  • 40 CFR 435 Subpart D
    • Section 435.46. Pretreatment standards of performance for existing sources
    • Section 435.47. Pretreatment standards of performance for new sources
  • 40 CFR 403. General Pretreatment Regulations for Existing and New Sources of Pollution
    • 40 CFR 403.5. National Pretreatment Standards: Prohibited Discharge
  • Office of Water Homepage for the Unconventional Oil and Gas Extraction Effluent Guideline
Centralized Waste Treatment Facilities
  • 40 CFR 437. The Centralized Waste Treatment Point Source Category. Describes discharge standards (which may include oil and gas wastewater) for direct discharges to Waters of the U.S., as well as for indirect discharges to POTWs.
Storm Water
  • CWA Section 402(l)(2). NPDES permits not required for uncontaminated storm water discharges from oil and gas exploration, production, processing, treatment operations or transmission facilities.
  • 40 CFR 122.26. Storm Water Discharges
  • Energy Policy Act
Water Body/Wetlands Protection

Oil Pollution Regulation

Spill Prevention Control and Countermeasures

Facility Response Plan



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