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Oppose Proposed Oil and Gas Exemptions from the Clean Water Act
Oil and gas industry lobbyists are trying to get Congress to give them an exemption from Clean Water Act provisions that limit water pollution from construction sites. They have managed to slip a provision in the House version on the Energy Bill (H.R. 6) that would give them this special interest loophole. As members of the Energy Bill conference committee continue to meet this week to work out the final version of H.R. 6, Rep. Bob Filner (CA) and other House members will offer a “motion to instruct” the conferees to reject this special interest give-away for the oil and gas companies. The vote on the Filner “motion to instruct” could occur as soon as tomorrow, Thursday November 6th, so please Take Action today to stop the oil and gas industry’s attempt to evade the law!
| Sample Letter for Campaign |
Subject: Support Rep. Filner's motion to instruct energy bill conferees to protect the Clean Water Act
Dear [ Decision Maker ] ,
Please oppose the attempt by the oil and gas industry to get Congress to give them an exemption from Clean Water Act limits on water pollution from construction sites. I urge you to support Rep. Filner's motion to instruct conferees debating the comprehensive energy bill, H.R. 6, to protect our nation's waters and the effectiveness of the Clean Water Act.
The Clean Water Act requires industries to limit pollution from contaminated rain and snow running off of construction sites. Often, this simply involves the use of best management practices. When oil and gas companies create culverts and ditches that discharge pollution into our nation's waters, they must take steps to reduce this pollution, just like other businesses have to do. But oil and gas industry lobbyists are trying to evade the law by slipping an exemption into the energy bill.
Construction at oil and gas sites causes the release of sediment into rivers and streams, killing fish and other aquatic life. Stormwater runoff can also contain toxics, such as benzene, toluene, and heavy metals that threaten water quality and even the safety of drinking water supplies. If granted, the oil and gas loophole will not only increase water pollution, but will also create a dangerous special interest loophole that other industries will try to expand in the future to exempt themselves from the Clean Water Act.
Representative Filner's "motion to instruct" will ask conferees to reject this special interest exemption from the Clean Water Act for the oil and gas industry. I urge you to support this motion.
Sincerely,
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Campaign Launched:
November 05, 2003
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Under the Clean Water Act, industries and businesses must take steps to limit polluted runoff from their construction sites -- runoff that causes excess sediment that builds up in streams and rivers, killing fish and other aquatic life that needs clean water. Stormwater runoff from construction sites can even contain toxic chemicals, such as benzene, toluene, and heavy metals that also pollute our nation's waters, even threatening the safety of drinking water supplies. Yet the oil and gas industry thinks they should not have to comply with the law -- and they want Congress to change the law so they can pollute without limits that apply to other companies.
As House and Senate members meet to work out their versions of the Energy Bill, conferees are considering language that would exempt oil and gas activities from Clean Water Act (CWA) requirements to manage stormwater pollution. Rep. Filner (D-CA) will offer a "motion to instruct" that directs House conferees to reject exemptions from the Clean Water Act for the oil and gas industry.
The Clean Water Act requires permits for stormwater discharges associated with industrial activities, including construction. "Stormwater" is runoff that results from rain and snow. Culverts, drains, or ditches created by a human activity are considered point sources of water pollution and therefore require a National Pollutant Discharge Elimination System (NPDES) permit under the Clean Water Act.
Although the Act contains an exemption from stormwater controls for oil, gas and mining operations, it does not include an exemption for oil, gas and mining construction. EPA has required all construction activities that disturb greater than one acre of land to obtain NPDES stormwater permits. These are "general permits" simply ensuring that construction activities to follow best management practices to limit polluted runoff from their sites.
But the proposed conference language (Sec. 328) would give the oil and gas industry a new exemption to excuse their "construction activities" from having to comply with the Clean Water Act. This unfair exemption would increase water pollution from these oil and gas construction sites across the country. It also creates a terrible special interest loophole in the Clean Water Act that, if granted, other industries will undoubtedly try to expand in the future to exempt them from the Clean Water Act, too.
Earthjustice's Stanford Environmental Law Clinic attorney Michael Lozeau recently testified before the U.S. Senate Environment and Public Works Committee on a number of Clean Water Act issues, including the oil and gas industry's efforts to get their construction sites exempted from the Clean Water Act. If you are interested, you can read his testimony.
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