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Compliance and Enforcement Quick Finder

 

Onshore Oil and Gas Water Enforcement

Welcome to the EPA Region 6 Water Enforcement Branch Onshore Oil & Gas web page. EPA Region 6 has NPDES inspection and enforcement authority under the Clean Water Act (CWA) for activities related to oil and gas exploration, production, and operations in Texas, Oklahoma, New Mexico, and most Indian Country. With this federal responsibility in mind, the Region's Water Enforcement Branch has developed two oil and gas program initiatives - the Brine Enforcement Initiative and the Construction Storm Water Initiative. Both programs utilize a variety of compliance assistance and enforcement tools to promote compliance with water regulations and minimize discharges of pollutants to waters of the United States.

New! EPA Extends Permit Deadline for Stormwater Discharges from Oil and Gas Construction Activities [pdf - 172 KB - 15 pp] - EPA is extending the regulatory deadline that would require stormwater permit coverage for oil and gas construction activities that disturb between one and five acres of land until June 12, 2006. The additional time will be used to consider comments raised by stakeholders and to consider the economic, legal, and procedural implications related to controlling stormwater discharges from these sites. The extension also describes our intent to develop and propose a regulation by September 12, 2005 that would address stormwater discharges from these oil and gas construction sites. We also plan to hold at least one public meeting with stakeholders to exchange information on current industry practices and their effectiveness in protecting water quality.

 

Final Rulemaking for Regulation of Oil and Gas Construction Activities

 

Brine Enforcement Initiative

The Brine Enforcement Initiative combines compliance assistance with enforcement tools to minimize and prevent the discharge of oil field brine (also known as produced water or saltwater) to waters of the United States. Brine is a by-product often generated during oil and gas production. It's a violation of Section 301 of the Clean Water Act to discharge brine, brine-contaminated storm water, or any other product associated with onshore oil and gas extractions, to waters of the United States.

The Region 6 Brine Initiative Targeting Strategy focuses on addressing citizen's concerns, as well as inspecting facilities located in watersheds with identified water quality concerns associated with oil and gas production activities.

Click here to see how the Brine Enforcement Initiative is making a difference in Region 6!

Construction Storm Water Initiative

The Construction Storm Water Initiative promotes onshore industry compliance with the NPDES storm water regulations, particularly the construction regulations.

On March 10, 2003, EPA granted a 2-year extension for NPDES compliance to the Oil and Gas Construction Activities that disturb 1-5 acres (small construction activities). [67 Fed. Reg. No. 250, p. 79828-32]. Currently, only oil and gas construction activities that exceed 5 acres must be covered under a permit. EPA remains the permitting authority for oil and gas construction activities in Texas, Oklahoma, New Mexico, and on most Indian Country. For construction (and other land disturbing activities) in areas where EPA is the permitting authority, operators must meet the requirements of the EPA Construction General Permit.

To expand outreach efforts and promote compliance with these storm water regulations, the Water Enforcement Branch is participating in a National Integrated Strategy Pilot. The Pilot is a multi-year integrated compliance assistance and enforcement strategy designed to educate on-shore oil and gas operators about construction best management practices, Storm Water Pollution Prevention Plans, and regulatory requirements of the 2003 Construction General Permit.

Oil and Gas Brochure (PDF, 2 pages, 574kB)

Enforcement Actions

In settling enforcement actions issued to violators for violations to the CWA, EPA requires the violators to cease all violations, take corrective actions to eliminate and prevent the recurrences of the violations, and to remedy or remediate any harm to the environment caused by the violations. EPA may also seek penalties in order to deter future violations or non-compliances. In the settlement of an enforcement action where a penalty has been assessed, EPA determines the appropiate penalty amount in accordance with the 1995 Clean Water Act Settlement Policy.

The settlement penalty is made up of six different components and is calculated based on this formula:

The link referenced above goes into detail in regards to each component. A helpful site concerning the Supplemental Environmental Projects (SEPs) component can be found at SEPs. EPA encourages the use of SEPs to mitigate penalties.

Expedited Settlement Agreements (ESAs)

For brine discharges resulting in violations to the CWA, the EPA may issue an ESA to the alleged violator. An ESA requiries the alleged violators to come back into compliance with the CWA and to pay a penalty. The ESA penalty is based on the chloride measurment at the point of entry of the impacted water body. The following table list the chloride levels measured in parts-per-million (ppm) total soluble salts (TSS) and the corresponding penalty amounts:

If the alleged violator does not want to accept and settle the ESA issued to them, then the EPA may pursue more formal enforcement measures to correct the violation(s) and seek penalties of up to $11,000 for each day of violation.

Other Helpful Sites

Program Staff

Dallas, Texas Office
Mr. Gene Keepper Engineer and Enforcement Officer
(214) 665-2280
   
keepper.gene@epa.gov
Mr. Matt Rudolph Engineer and Enforcement Officer
(214) 665-6434
   
rudolph.matthew@epa.gov
Mr. Jerry Saunders Section Chief
(214) 665-6470
   
saunders.jerry@epa.gov
Tulsa, Oklahoma Field Office
Mr. Rick Davis Field Inspector and Engineer
(918) 287-5409
   
davis.rickey@epa.gov
Mr. Kent Sanborn Field Inspector and Engineer
(918) 287-5408
   
sanborn.kent@epa.gov

 

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