Stormwater Runoff and the Oil and Gas Industry:A State-by-State Review of Regulations and Surface Water Quality Impacts

The Ninth Circuit Court of Appeals' opinion effectively exempted oil and gas operations from the National Pollutant Discharge Elimination System (NPDES) permit requirements for construction activities unless there is a discharge of a reportable quantity of oil or hazardous substance or a violation of a water quality standards. As a result, many oil and gas operations (including unconventional drilling operations for shale oil and gas development) are largely unregulated in terms of stormwater runoff despite construction of large well pads (approximately 1 to 5 acres) and miles of unpaved roads that have the potential to significantly impact surface water quality. This paper focuses on a broad review of literature regarding stormwater permitting of the oil and gas industry on a state-by-state basis. This paper also provides an overview of studies conducted that have examined the potential impacts that oil and gas development has on surface water quality.