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.

General

• Office of Water Oil and Gas Study
• Office of Research and Development Hydraulic Fracturing Study

• 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

• 40 CFR 435. Oil and Gas Extraction Point Source Category
  • 40 CFR 435 Subpart C. Onshore Subcategory (Section 435.30 – 435.34
  • 40 CFR 435 Subpart D. Coastal Subcategory (Sections 435.40 – 435.47)
  • 40 CFR 435 Subpart E. Agricultural and Wildlife Use Subcategory (Sections 435.50 – 435.52
  • 40 CFR 435 Subpart F. Stripper Well Subcategory (435.60 – 435.61
  • 40 CFR 435 Subpart G. General Provisions (Section 435.70)

• 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

• 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.

• 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
  • 40 CFR 122.26(a)(2)(ii). The oil and gas exclusion
  • 40 CFR 122.26(e)(8). Small construction activities
  • 40 CFR 122.26(c)(1)(iii). Requirements for storm water discharges from oil and gas exploration, production, processing, treatment or transmission
• Energy Policy Act

• CWA Section 401. Certification
• CWA Section 404.
  • CWA Section 404 Permits. Section 404 establishes a program to regulate dredged or fill material into Waters of the U.S., including wetlands.
• CWA Section 401. Water Quality Certification Guidance
• CWA Section 404. Policy and Guidance

Oil Pollution Regulation

Spill Prevention Control and Countermeasures

• 40 CFR 112.7. General Requirements
• 40 CFR 112.8. Onshore Bulk Storage Facilities
• 40 CFR 112.9. Onshore Oil Production
• 40 CFR 112.10. Onshore Oil Drilling and Workover

• 40 CFR 112.20. Preparedness and Response