EPA Fines Total Petroleum for Industrial Stormwater Discharge Violations

From the U.S. Environmental Protection Agency:

EPA Fines Total Petroleum for Industrial Stormwater Discharge Violations

Company to Support Artificial Reefs in Condado Lagoon in San Juan

Contact: John Martin, (212) 637-3662, martin.johnj@epa.gov

(New York, N.Y. – September 13, 2016) The U.S. Environmental Protection Agency today announced that it has reached an agreement with Total Petroleum Puerto Rico Corporation (“Total Petroleum”) to settle the company’s alleged violations of requirements to control pollution from stormwater discharges at its Guaynabo Bulk Fuels Terminal. Under the agreement, Total Petroleum is required to comply with the Clean Water Act’s stormwater discharge requirements associated with industrial activities and will pay a $345,000 penalty. The company will also invest $40,000 to construct and install approximately 30 artificial reef modules in the Condado Lagoon, which was recently designated as a nature reserve.

“Puerto Rico has extraordinary natural resources, including amazing water bodies and coastal ecosystems that are important places of recreation and tourist attractions,” said Carmen Guerrero Pérez, the Director of the EPA’s Caribbean Environmental Protection Division. “Every company operating in Puerto Rico has an obligation to comply with the Clean Water Act so these water resources are not damaged and degraded.”

The Clean Water Act requires that certain industrial facilities apply for and obtain National Pollutant Discharge Elimination System permits to control the discharge of pollutants carried out by stormwater runoff into nearby water bodies. These facilities must develop and implement a Storm Water Pollution Prevention Plan that details the best management practices that the company will follow to prevent stormwater runoff from washing harmful pollutants into local water bodies.

Without adequate on-site controls, stormwater runoff can flow directly to the nearest water body and can cause water quality damage such as siltation of rivers, beach closings, fishing restrictions, and habitat degradation. As stormwater flows over these facilities, it can pick up pollutants, including dirt or sediments, nutrients, trash, chemicals, and oils. Of particular concern is the uncontrolled runoff that can harm or kill fish and wildlife due to changes in water quality, hydrology, and other factors.

The EPA complaint alleges that Total Petroleum violated numerous stormwater requirements at its Guaynabo Bulk Fuels Terminal, such as failing to: implement best management practices; implement a Storm Water Pollution Prevention Plan; monitor and report discharge data of the facility’s discharges of pollutants; and obtain the appropriate stormwater discharge permit associated with industrial activity.

In addition to agreeing to come into compliance with the Clean Water Act and paying a penalty, Total Petroleum has also agreed to construct a new stormwater collection and discharge system at the Guaynabo Terminal, as well as submit an updated stormwater permit application for the facility. The company will also construct the third and final phase of the Condado Lagoon Taíno Coral Trail and Reef Enhancement Project, which is built in the northeastern reach of the Condado Lagoon’s outlet to the Atlantic Ocean.

Total Petroleum will install approximately 30 artificial reef modules to provide artificial habitats for reef species in the San Juan Bay Estuary. The purpose of this project is to enhance, protect, and promote marine life diversity in the Estuary System, which is designated as an estuary of national importance and is part of the EPA’s National Estuaries Program. Total Petroleum will invest a minimum of $40,000 for this project. The project, which benefits the environment and the community, is not required to bring the company into compliance.

The proposed consent decree has been lodged in the U.S. District Court for the District of Puerto Rico, and is subject to a 30-day public comment period and final court approval. A copy is available on the Department of Justice website at: http://justice.gov/enrd/Consent_Decrees.html.

For more information about the requirements of the Clean Water Act and how the EPA protects the nation's water, visit http://water.epa.gov.

Follow EPA Region 2 on Twitter at http://twitter.com/eparegion2 and Facebook at http://facebook.com/eparegion.

            16-080

U.S. EPA Requires L.A. Oil Storage Facility to Reduce Risk of Spills

From the U.S. Environmental Protection Agency:

For Immediate Release:   September 13, 2016
Media Contact:   Soledad Calvino, 415-972-3512, calvino.maria@epa.gov

U.S. EPA Requires L.A. Oil Storage Facility to Reduce Risk of Spills

SAN FRANCISCO – Today, the U.S. Environmental Protection Agency reached a settlement with General Petroleum Corporation to resolve federal Clean Water Act violations at its petroleum storage facility located on Terminal Island in the Port of Los Angeles, Calif. The company will pay a $15,500 penalty as part of the agreement, and has already come into compliance with the law.

"Spill prevention is a key planning element for oil storage facilities, especially those located near California’s precious waterways,” said Kathleen Johnson, Director of the Enforcement Division in EPA’s Pacific Southwest Region. “To reduce the risk to San Pedro Bay, we have been working with our state and local partners to ensure the deficiencies were all addressed.”

Today’s action is a result of a joint inspection conducted by EPA and representatives of the Los Angeles Fire Department in April 2015. The investigation found that General Petroleum had violated regulations requiring onshore oil production facilities at risk of discharging oil to nearby waterways to prepare and implement a Spill Prevention, Control, and Countermeasure (SPCC) plan.

“This enforcement action, taken in partnership with the U.S. EPA, was needed to not only protect the City’s environment but to also protect the health and safety of the City’s residents,” said LAFD Fire Marshal, Chief John Vidovich, who oversees the program responsible for inspecting and enforcing environmental compliance at this type of facility.

General Petroleum is located within the Port of Los Angeles adjacent to the Los Angeles Harbor. The company failed to provide adequate secondary containment around tanks to keep spilled oil from leaving the site and entering surrounding waters. General Petroleum also failed to amend and re-certify its SPCC plan after making significant physical changes to its facility. In addition, the company did not maintain and implement an SPCC plan that discusses discharge or drainage controls, and procedures for the control of a potential discharge.

The goal of EPA's SPCC regulation is to prevent oil from reaching navigable waters and adjoining shorelines, and to plan for containment of oil discharges in the event of a spill. The regulation requires onshore oil storage facilities to develop and implement SPCC Plans and to establish procedures, methods, and equipment to prevent spills, and to respond properly if a spill occurs.

For more information on the SPCC program, please visit: http://www2.epa.gov/oil-spills-prevention-and-preparedness-regulations

# # #