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

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Stone Energy Corporation Fined for Violating the Clean Water Act

Press release:

Stone Energy Corporation Fined for Violating the Clean Water Act

(DALLAS – August 24, 2012) The Environmental Protection Agency has fined the Stone Energy Corporation of Plaquemines Parish, Louisiana, $7,055 for violating federal Spill Prevention, Control and Countermeasure (SPCC) regulations outlined under the federal Clean Water Act.

A January 25, 2012, EPA inspection of its Main Pass 21 oil production facility located in Venice, Louisiana, revealed the facility had failed to conduct inspections in accordance with SPCC regulations. The inspection also found the facility’s SPCC plan did not discuss flowline high pressure devices and well shut-in valves as well as adequate protection of sub-marine piping against environmental stresses.

SPCC regulations require onshore oil production or bulk storage facilities to provide oil spill prevention, preparedness and countermeasures to prevent oil discharges. The SPCC program helps protect our nation’s water quality since a spill of only one gallon of oil can contaminate one million gallons of water.

Additional information on SPCC regulations is available at: http://www.epa.gov/oilspill

More about activities in EPA Region 6 is available at http://www.epa.gov/aboutepa/region6.html

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Petco Petroleum Corporation Fined for Violating the Clean Water Act

Press release:

Petco Petroleum Corporation Fined for Violating the Clean Water Act

(DALLAS – August 22, 2012) The Environmental Protection Agency has fined the Petco Petroleum Corporation of Hinsdale, Illinois, $3,650 for violating federal Spill Prevention, Control and Countermeasure (SPCC) regulations outlined under the Clean Water Act.

A March 31, 2012, EPA inspection of its Jemima Richard oil production facility located on Highway 33 in Drumright, Creek County, Oklahoma, revealed personnel working at the facility had no training on the operation and maintenance of equipment to prevent discharges, discharge procedure protocols, or training on applicable pollution control laws, rules and regulations. The inspection also found spill prevention briefings were not scheduled and conducted periodically, visual inspections of containers, foundation and supports were not conducted as required by SPCC regulations and above ground valves and pipelines were not examined on a scheduled basis for general condition.

As part of an Expedited Settlement Agreement with the EPA, the facility has provided certification that all identified deficiencies have been corrected.

SPCC regulations require onshore oil production or bulk storage facilities to provide oil spill prevention, preparedness and countermeasures to prevent oil discharges. The SPCC program helps protect our nation’s water quality since a spill of only one gallon of oil can contaminate one million gallons of water.

Additional information on SPCC regulations is available at: http://www.epa.gov/oilspill

More about activities in EPA Region 6 is available at http://www.epa.gov/aboutepa/region6.html

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Breck Operating Corporation Fined for Violating the Clean Water Act

Press release:

Breck Operating Corporation Fined for Violating the Clean Water Act

(DALLAS – August 15, 2012) The Environmental Protection Agency has fined the Breck Operating Corporation of Breckenridge, Texas, $2,250 for violating federal Spill Prevention Control and Countermeasure (SPCC) regulations at two of its oil production facilities.

On June 7, 2012, an EPA inspection at the facilities found numerous violations including; inadequate or no description of drainage controls, no information and procedures for reporting a discharge and inadequate discussion of spill prevention procedures. The inspections also revealed the facilities had no facility diagram, no contingency plan and no written commitment of manpower, equipment and materials.

The facilities inspected and fined were:

G.H. Newsom oil production facility, Jack County, Texas, $1,125

J. H. Holden oil production facility, Jack County, Texas, $1,125

As part of an Expedited Settlement Agreement with the EPA, the corporation has provided certification that all identified deficiencies have been corrected.

SPCC regulations require onshore production and bulk storage facilities to provide oil spill prevention, control and countermeasures to prevent oil discharges. The SPCC program helps protect our nation’s water quality since a spill of one gallon of oil can contaminate one million gallons of water.

Additional information on SPCC regulations is available at: http://www.epa.gov/oilspill

More about activities in EPA Region 6 is available at http://www.epa.gov/aboutepa/region6.html

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Cox Operating, LLC, Fined for Violating the Clean Water Act

Press release:

Cox Operating, LLC, Fined for Violating the Clean Water Act

(DALLAS – August 10, 2012) The Environmental Protection Agency has fined Cox Operating, LLC, of New Orleans, Louisiana, $29,400 for violating federal Spill Prevention Control and Countermeasure (SPCC) regulations at two of its oil production facilities in Louisiana.

A January 24, 2012, inspection at the facilities found numerous violations including failure to conduct adequate self-inspections as required by SPCC regulations, failure to provide adequate documentation of SPCC training and failure to provide adequate secondary containment and oil collection equipment.

The oil production facilities inspected and fined were:

Chandler Sound Block 71 Facility, St. Bernard Parish, Louisiana, $20,300

Eloi Bay Central Facility, St. Bernard Parish, Louisiana, $9,100

SPCC regulations require onshore production and bulk storage facilities to provide oil spill prevention, control and countermeasures to prevent oil discharges. The SPCC program helps protect our nation’s water quality since a spill of one gallon of oil can contaminate one million gallons of water.

Additional information on SPCC regulations is available at: http://www.epa.gov/oilspill

More about activities in EPA Region 6 is available at http://www.epa.gov/aboutepa/region6.html

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Maine Company Faces Penalty for Violations of Oil Pollution Prevention Regulations

News Release
U.S. Environmental Protection Agency
New England Office         
August  2, 2012

Contact Information: Dave Deegan, (617) 918-1017

Maine Company Faces Penalty for Violations of Oil Pollution Prevention Regulations

(Boston, Mass. – August 2, 2012) A Maine company that provides motor vehicle services and fuel oil sales is facing a fine of up to $177,500 for violations of the Clean Water Act. 

 EPA recently filed a complaint against the J&S Oil Co., Inc. for failing to maintain and fully implement an oil spill prevention plan, which contributed to the release of approximately 1,500 gallons of used motor oil from a tanker truck at the facility.

The oil release in March 2012 prompted an emergency response from the Maine Department of Environmental Protection and EPA.  The company also hired an oil spill response company to contain the spilled oil and dispose of contaminated soils. 

EPA determined that the company had failed to fully maintain and implement it Spill Prevention, Control and Countermeasure (SPCC) plan, as required by the Clean Water Act. SPCC plans specify spill prevention measures at facilities that store oil above threshold amounts and help ensure that a tank failure or oil spill does not lead to oil reaching bodies of water.  In its complaint EPA alleges that the company failed to provide for adequate secondary containment for some of the facility’s above-ground storage tanks and the tanker trucks parked at the facility; failed to provide secondary containment for the loading/unloading rack; failed to maintain adequate training records of oil-handling personnel in the operation and maintenance of equipment to prevent discharges; and, failed to provide adequate security for the facility.

For more information on federal oil spill prevention requirements:

            http://www.epa.gov/ne/superfund/er/oilstor.htm

            http://www.epa.gov/oilspill

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Martin Operating Partnership in Cameron Parish, Louisiana, Fined for Violating the Clean Water Act

Press release:

Martin Operating Partnership in Cameron Parish, Louisiana,

Fined for Violating the Clean Water Act

(DALLAS – August 2, 2012) The U.S. Environmental Protection Agency has fined Martin Operating Partnership in Cameron, Louisiana, $14,400 for violating federal Spill Prevention Control and Countermeasure (SPCC) regulations outlined under the Clean Water Act.

A February 28, 2012, federal inspection of the partnership’s Cameron 7 Terminal located in Cameron Parish, Louisiana, revealed the facility failed to properly manage retained stormwater from inside diked areas and failed to keep the diked area rainwater bypass valve in a closed and sealed position. The inspection also found the terminal’s SPCC plan failed to provide an adequate schedule for tank integrity testing, and the required facility diagram failed to list all oil tankage at the terminal.

SPCC regulations require onshore oil production and bulk storage facilities to provide oil spill prevention, control and countermeasures to prevent oil discharges. The SPCC program helps protect our nation’s water quality since a spill of only one gallon of oil can contaminate one million gallons of water.

Additional information on SPCC regulations is available at: http://www.epa.gov/oilspill

More about activities in EPA Region 6 is available at http://www.epa.gov/aboutepa/region6.html

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US Liquids of Louisiana, LP, Fined for Violating the Clean Water Act

US Liquids of Louisiana, LP, Fined for Violating the Clean Water Act

(DALLAS – July 17, 2012) The Environmental Protection Agency has fined US Liquids of Louisiana, LP, of Jennings, Louisiana, $13,552 for violating Spill Prevention, Control and Countermeasure (SPCC) regulations outlined under the Clean Water Act.

A federal inspection of the company’s Bateman Island marine terminal in St. Mary Parish revealed the terminal’s SPCC plan failed to provide a prediction of equipment failures that could result in discharges, personnel working at the facility had no training on the operation and maintenance of equipment to prevent discharges, and facility inspections had not been conducted.

The company also failed to schedule periodic spill prevention briefings, address secondary containment of truck loading, unloading and transfer areas, and to regularly inspect above-ground valves, piping and joints.

SPCC regulations require onshore production or bulk storage facilities to provide oil spill prevention, preparedness and response to prevent oil discharges. The SPCC program helps protect our nation’s water quality since a spill of only one gallon of oil can contaminate one million gallons of water.

More about activities in EPA Region 6 is available at http://www.epa.gov/aboutepa/region6.html

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Enterprise Crude Pipeline Fined for Oil Spill in Scurry County, Texas

Press release:

Enterprise Crude Pipeline Fined for Oil Spill in Scurry County, Texas

(DALLAS – July 16, 2012) The Environmental Protection Agency has fined Enterprise Crude Pipeline of Houston, Texas, $5,000 for violating the federal Clean Water Act. Today’s announcement settles a Clean Water Act violation for a 4,200 gallon oil spill into Bull Creek, a tributary of the Colorado River, and adjoining shorelines in Scurry County, Texas. As part of an Expedited Settlement with the EPA, the company has certified it has investigated the cause of the oil spill, cleaned up the oil spill and has taken corrective actions that will prevent future spills.

The Clean Water Act prohibits the discharge of oil or a hazardous substance into or upon the navigable waters of the United States or adjoining shorelines in such quantities that have been determined may be harmful to public health. The EPA is charged with enforcing the Act and ensuring that public health and the environment are protected from harmful impacts of these violations.

More about activities is EPA Region 6 is available at http://www.epa.gov/aboutepa/region6.html

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Mid-America Pipeline Company LLC, Enterprise Products Operating LLC to Pay $1M for Spills in Iowa, Kan., Neb.

U.S. Environmental Protection Agency, Region 7

901 N. Fifth St., Kansas City, KS 66101

Iowa, Kansas, Missouri, Nebraska, and Nine Tribal Nations

Mid-America Pipeline Company LLC, Enterprise Products Operating LLC to Pay $1M for Spills in Iowa, Kan., Neb. 

Contact Information: Chris Whitley, 913-551-7433, whitley.christopher@epa.gov

Environmental News 

FOR IMMEDIATE RELEASE

(Kansas City, Kan., May 29, 2012) - Mid-America Pipeline Company, LLC (MAPCO), and Enterprise Products Operating LLC (Enterprise), of Houston, Texas, have agreed to pay a civil penalty of more than $1 million to the United States to settle violations of the federal Clean Water Act related to three natural gasoline pipeline spills in Iowa, Kansas and Nebraska.

As part of a consent decree lodged today in U.S. District Court in Omaha, Neb., and in addition to paying the $1,042,000 civil penalty, the companies have agreed to undertake various measures aimed at reducing external threats to their pipeline, enhance their reporting of spills, and spend at least $200,000 to identify and prevent external threats to the pipeline involved in the spills.

MAPCO owns and Enterprise operates the 2,769-mile West Red Pipeline, which transports mixed natural gasoline products between Conway, Kan., and Pine Bend, Minn. The settlement resolves Clean Water Act violations related to three spills that occurred along the pipeline:

• A March 29, 2007, rupture near Yutan, Neb., which caused the discharge of approximately 1,669 barrels of natural gasoline directly into an unnamed ditch and Otoe Creek.
• An April 23, 2010, rupture near Niles, Kan., which caused the discharge of approximately 1,760 barrels of natural gasoline directly into an unnamed ditch, Cole Creek, Buckeye Creek and the Solomon River.
• An August 13, 2011, rupture near Onawa, Iowa, which caused the discharge of approximately 818 barrels of natural gasoline directly into the Missouri River.

“More than 20,000 miles of pipeline, carrying oil and petroleum products, cross the states of Iowa, Kansas, Missouri and Nebraska in EPA’s Region 7,” EPA Regional Administrator Karl Brooks said. “A frequent cause of pipeline breaks is the action of third parties during farming and excavation. This settlement requires the defendants to honor a schedule of pipeline inspections on the ground and from the air, and reach out to local agencies, contractors and excavators to make sure they are more fully aware of pipeline locations and depths.”

“This settlement requires proactive vigilance to ensure that our soil and waterways are protected from contaminants,” said Deborah R. Gilg, U.S. Attorney for the District of Nebraska. “The agreement will result in safer pipeline operations and that will be good for Nebraska’s environment.”

In addition to the proactive inspections and outreach efforts, the settlement also requires MAPCO and Enterprise to spend $200,000 to relocate, cover, lower or replace pipeline segments; install new remote shutoff valves; install new physical protections such as fences or concrete barriers; and install other new equipment, structures or systems to prevent spills from reaching navigable waters.

The consent decree is subject to a 30-day public comment period and court approval.

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Press release:

April 30, 2012 08:29 AM Eastern Daylight Time 

Cleanup Continuing at Location of Crude Oil Spill by ExxonMobil Pipeline Company

TORBERT, La.--(BUSINESS WIRE)--Cleanup operations were continuing at the site of a spill of crude oil on remote rural property near Torbert LA, ExxonMobil Pipeline Company said today.

The oil from the North Line crude pipeline was contained in the immediate area and recovery efforts began on Sunday. Crews used vacuum trucks to recover the oil. Additional resources will be available on Monday as necessary.

There were no injuries. Air quality monitoring was conducted in the impacted area and confirmed no danger to the public. Additional air monitoring will continue.

“ExxonMobil Pipeline Company regrets that this spill has occurred and we apologize for any disruption or inconvenience,” said Karen Tyrone, southern operations manager. “Our crews will be on location until the cleanup has been completed. Fortunately the oil was contained in the immediate area which will enhance our recovery efforts.”

The cleanup is being coordinated with local authorities, including the Louisiana Department of Environmental Quality. Notification to the Environmental Protection Agency and other agencies has taken place.

The cause of the spill was under investigation.

A preliminary estimate of approximately 1,900 barrels of oil was provided to regulatory authorities. An early spill volume estimate is required to support planning of response efforts by regulatory agencies and other responders. Once the incident investigation is complete, the spill volume estimate will be updated.

The North Line is a 22-inch pipeline which originates in St. James, Louisiana and carries crude oil to the northern part of Louisiana. The pipeline was shut down after a loss in pressure was identified on Saturday night.

Customers have been notified and efforts are under way to minimize any potential impacts.

About ExxonMobil

ExxonMobil, the largest publicly traded international oil and gas company, uses technology and innovation to help meet the world’s growing energy needs. ExxonMobil holds an industry-leading inventory of resources, is the largest refiner and marketer of petroleum products, and its chemical company is one of the largest in the world. For more information, visit www.exxonmobil.com.

Illinois EPA Responds to Chemical Spill into Prairie Creek Resulting in Fish Kill

FOR IMMEDIATE RELEASE April 25, 2012 Illinois EPA Responds to Chemical Spill into Prairie Creek Resulting in Fish Kill SPRINGFIELD –Illinois EPA emergency responders and water quality specialists are in Tazewell County again today in response to yesterday’s release into Prairie Creek, on Allentown Road west of the Village of Allentown, of several hundred gallons of a mixture of 28 percent nitrogen and 13.3 percent of an herbicide containing Atrazine. The address is reported to be 24815 Allentown Road. In addition, approximately 60 gallons of diesel fuel were released in the vehicle accident that caused the release. The spill resulted in a large and “complete” fish kill downstream of the incident site. Along with the Morton and Pekin fire departments and the Illinois Department of Natural Resources, Illinois EPA continues to monitor the situation, and is collecting periodic samples to determine how quickly the chemical is moving downstream and the effectiveness of the remedial measures being taken. The Illinois EPA cautions anyone using the water from Prairie Creek between the spill site and the Mackinaw River (approximately eight miles) as drinking water for animals, recreation or any other purpose to avoid the area until the water is determined to be safe through testing.  While concentrations of the chemicals appear “milky” in the water, the chemicals can still be dangerous even after the water appears to be clears.

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Logan Airport Oil Storage Facility Operators Fined for Inadequate Oil Spill Training

News Release
U.S. Environmental Protection Agency
New England Regional Office
March 28, 2012
Contact: Paula Ballentine, (617) 918-1027

Logan Airport Oil Storage Facility Operators Fined for Inadequate Oil Spill Training

(Boston, Mass. – Mar. 28, 2012) – BOSFuel Corp. and Swissport Fueling, Inc., operators of an oil storage facility at Boston’s Logan Airport, will pay a $90,000 penalty for failing to take adequate precaution to contain oil spills.  The Logan facility is operated by BOSFuel, a consortium of major airlines, and has an oil storage capacity of over seven million gallons. Swissport Fueling operates the facility on a day-to-day basis.

In a Sept. 2011 complaint, EPA asserted that the companies had not properly prepared for possible oil spills at the Logan facility in violation of federal oil pollution prevention regulations issued under the Clean Water Act.  These Facility Response Plan (FRP) regulations require certain facilities, such as the one at Logan, to have a response plan for containing and cleaning up an oil release.


EPA’s action stemmed from a May 2011 unannounced exercise at the facility carried out by EPA, the Massachusetts Dept. of Environmental Protection (Mass DEP) and the U.S. Coast Guard. The objective of this exercise - a simulated oil spill - was to determine whether a facility can successfully respond to an oil release.  As a result of the exercise, EPA determined that the companies were unable to properly implement the facility’s FRP and its personnel were not adequately trained, resulting in an “unsuccessful” overall rating for the exercise. 


Since EPA filed its action, the companies have worked cooperatively with EPA, as well as the USCG and Mass DEP to correct the deficiencies noted during the exercise.

Federal law requires that facilities that have the potential for spills take every step possible to prevent, before they occur, oil discharges to the nation’s rivers, lakes and oceans through implementation of Spill Prevention Control & Countermeasure (SPCC) plans.  Any facility with more than 1,320 gallons of above-ground oil storage capacity and meeting certain other criteria must develop and implement SPCC plans to prevent and contain spills, such as by installing impervious secondary containment around storage tanks and transfer areas.  Facilities also need to know how to react to a spill to minimize environmental damage when one does occur.  The FRP regulations require response planning and spill preparation especially for facilities with more than one million gallons of storage capacity. To ensure that a facility can adequately response to a spill, it must have adequate employee training, spill response equipment, and a contingency plan for containing and cleaning up a release.

While EPA’s action against the Logan Airport oil storage operators is not based on an actual oil release but on the unsuccessful May 2011 unannounced exercise, other facilities should be aware that EPA will continue to pay unannounced visits to conduct simulated spill exercises at facilities throughout New England.


More information:
FRP Requirements (http://www.epa.gov/emergencies/content/frps/index.htm )
SPCC Requirements (http://www.epa.gov/emergencies/content/spcc/index.htm)

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Gulf of Mexico Oil Spill's Effects on Deep-Water Corals

Gulf of Mexico Oil Spill's Effects on Deep-Water Corals

03/26/2012 03:27 PM EDT

Scientists are reporting new evidence that the Deepwater Horizon oil spill has affected marine life in the Gulf of Mexico, this time species that live in dark ocean depths--deepwater corals.

The research used a range of underwater vehicles, including the submarine Alvin, to investigate the corals. The findings are published this week in the journal Proceedings of the National Academy of Sciences (PNAS).

The scientists used a method known as ...

More at http://www.nsf.gov/news/news_summ.jsp?cntn_id=123555&WT.mc_id=USNSF_51&WT.mc_ev=click
This is an NSF News item.

Shell Asks Court's Opinion

Excerpt from an article in

The New York Times

Thursday, March 01, 2012

To Avoid a Suit, Shell Asks Court’s Opinion

By CLIFFORD KRAUSS

HOUSTON — In an attempt to avoid a last-minute challenge from environmental groups that could delay its plans to begin drilling for oil this summer off the coast of Alaska, Shell asked a federal court on Wednesday to review its Alaska Arctic oil spill response plan and decide whether it complied with the law’s requirements.

Shell received tentative approval from the Interior Department two weeks ago for its spill response plan, a crucial step toward clearing the way for the oil company to begin drilling in the Chukchi Sea this year. Several more regulatory barriers remain, but the company hopes it can get past all the hurdles and expected appeals in the next few months, while the narrow window for summer drilling in ice-free waters remains open.

“This pre-emptive action is an attempt to avoid a legal challenge on the eve of operations,” said Bill Tanner, a Shell spokesman. “We are anticipating that they were going to sue us.”

In a statement, Shell said it was filing the request for a declaratory judgment against 13 environmental groups, including Greenpeace and the Sierra Club, which have been resisting Shell’s drilling plans for five years.

MOEX Offshore Agrees to $90 Million Partial Settlement

News release from EPA:

FOR IMMEDIATE RELEASE
February 17, 2012
MOEX Offshore Agrees to $90 Million Partial Settlement of Liability in Deepwater Horizon Oil Spill
$70 million penalty is largest under the Clean Water Act; MOEX also to perform Gulf conservation projects worth at least $20 million
 

WASHINGTON – MOEX Offshore 2007 LLC has agreed to settle its liability in the Deepwater Horizon oil spill in a settlement with the United States valued at $90 million, announced the Department of Justice, the U.S. Coast Guard and the U.S. Environmental Protection Agency (EPA) today.  Approximately $45 million of the $90 million settlement is going directly to the Gulf in the form of penalties or expedited environmental projects.

According to the terms of the settlement, MOEX will pay $70 million in civil penalties to resolve alleged violations of the Clean Water Act resulting from the spill and agreed to spend $20 million to facilitate land acquisition projects in several Gulf states that will preserve and protect in perpetuity habitat and resources important to water quality and other environmental features of the Gulf of Mexico region.  At the time of the spill, MOEX was a minority investor in the lease for the Macondo well. It no longer owns any share of the lease.

The terms of today’s settlement do not affect the potential liability of – or recoveries from – other parties involved in the Deepwater Horizon oil spill.

Beginning with a well blowout and explosion on April 20, 2010, the owners and operators of the Macondo Well and  the drilling rig Deepwater Horizon allowed millions of barrels of oil to escape into the Gulf of Mexico, affecting the entire region.  Oil spills can cause both immediate and long-term harm to people’s health and the environment.  The Clean Water Act provides for civil penalties for such discharges.  This is the largest civil penalty ever recovered under the Clean Water Act.

“The Department of Justice has not wavered in its commitment to hold all responsible parties fully accountable for what stands as the largest oil spill in U.S. history,” said Attorney General Eric Holder.  “This landmark settlement is an important step – but only a first step – toward achieving accountability and protecting the future of the Gulf ecosystem by funding critical habitat preservation projects.”

“This will move the Gulf Coast along in its recovery as it continues to rebound from the largest spill in U.S. history,” said Coast Guard Commandant Adm. Bob Papp.  “The settlement demonstrates our firm commitment to  hold accountable those who pollute our environment.”

“This is good news for the Gulf Coast communities that are continuing to rebuild their economy and restore their ecosystem. This administration is going to stand with the people here to ensure a full recovery from the Deepwater Horizon oil spill,” said EPA Administrator Lisa P. Jackson. “Dedicating funds to actions that restore the local waters is a vital part of restoring these communities.  As someone who grew up on the Gulf Coast, I know how important clean water is to the lives and livelihoods of the people here, and I know we need to take every possible action to get the ecosystem here on a path to long-term restoration.”

As part of the settlement, MOEX Offshore has agreed to pay $70 million in civil penalties, of which, $45 million will go to the United States.  The money will go toward replenishing the Oil Spill Liability Trust Fund, where by law it will be available to pay for response actions, cleanup and damages caused by future spills.  The remaining penalty will go to Gulf states that participate in the settlement.  Those states will receive penalty payments as follows: $6.75 million to Louisiana, $5 million each to Alabama, Florida and Mississippi, and $3.25 million to Texas.

MOEX Offshore has also agreed to secure and protect properties of ecological significance for the Gulf habitats.  MOEX Offshore will ensure that properties within the states of Louisiana, Texas, Mississippi and Florida are transferred to – or acquired by – state governments, non-profit groups, land trusts or other appropriate entities, to protect those properties from development.  In all, these projects are expected to cost at least $20 million. The negotiation process with MOEX included numerous discussions with the Gulf states, who have been indispensible in reaching this important agreement.

This settlement does not affect the government’s claims against any other defendant in the Deepwater Horizon lawsuit that was filed on Dec. 15, 2010.  The trial of the first phase of the case is set to begin in federal district court in New Orleans on Feb. 27, 2012.

MOEX Offshore is a wholly-owned subsidiary of the MOEX USA Corporation.  Mitsui Oil Exploration Co. Ltd. is the corporate parent of MOEX USA, which in turn is owned by Mitsui & Co. Ltd. of Japan.

The proposed settlement, lodged in the U.S. District Court for the Eastern District of Louisiana, is subject to a 30-day comment period and final court approval.

More information on the settlement: http://www.epa.gov/compliance/resources/cases/civil/caa/moex.html

Union Pacific to Pay $1.5 Million for Clean Water Act Violations

News release from EPA Region 8:


News release from EPA Region 8:

Union Pacific Railroad Company to pay $1.5 million for Clean Water Act violations in Colorado, Utah and Wyoming

Company cited for oil and coal spills, inadequate prevention and planning
Contact Information: Donna Inman (303) 312-6201; Matthew Allen, (303) 312-6085
(Denver, Colo—February 9th, 2012) The U.S. Environmental Protection Agency today announced a settlement with Union Pacific Railroad Company regarding alleged violations of the Clean Water Act and the Oil Pollution Act.

This settlement resolves a Clean Water Act enforcement action against Union Pacific that involves continuing operations at 20 rail yards in Colorado, Utah, and Wyoming, as well as spills of oil and coal in 2003 and 2004 along railroad lines in all three states.

For the railyards, EPA alleges Union Pacific violated EPA’s Spill Prevention, Control, and Countermeasure (SPCC) and Facility Response Plan (FRP) regulations. These regulations are the first line of defense for preventing oil spills and providing immediate containment measures when an oil spill does occur.

“Today we have secured a settlement that will help prevent spills, protect water quality, and improve the safety of Union Pacific’s operations in 20 communities across Colorado, Utah, and Wyoming,” said Jim Martin, EPA regional administrator. “Union Pacific has already begun putting necessary measures in place and we will ensure they continue to do so.”

As part of the settlement, Union Pacific will pay a civil penalty of $1.5 million of which approximately $1.4 million will be deposited into the Oil Spill Liability Trust Fund, a fund used by federal agencies to respond to oil spills. The remaining $100,000 will be deposited in the U.S. Treasury for the coal spills and stormwater violations. In addition, the settlement requires the company to develop a management and reporting system to ensure compliance with SPCC regulations, FRP regulations, and storm water requirements at 20 rail yards in Colorado, Utah and Wyoming. Union Pacific must take further actions to control stormwater runoff at the Burnham Rail Yard in Denver, which are anticipated to prevent the discharge of approximately 2,500 pounds of chemical oxygen demand, 50 pounds of nitrate, 11,000 pounds of total suspended solids, and 30 pounds of zinc annually to waters in the Denver area.

This settlement will benefit many communities in Colorado, Utah, and Wyoming, many of which are disadvantaged, by requiring Union Pacific to install secondary containment to safely store oil and prevent oil spills from leaving its properties. Further, it will require the company to designate an environmental vice-president responsible for complying with oil spill prevention and stormwater control requirements at the 20 railyards. The majority of the 20 locations cited in the settlement are in disadvantaged areas with significant low-income and/ or minority populations.

The complaint alleges the following violations:

• ·         Six oil spills in Colorado, Utah, and Wyoming
• ·         Three coal spills in Colorado
• ·         Inadequate SPCC plans and/or inadequate SPCC plan implementation (e.g., inadequate secondary containment) at the following 20 rail yards:
  • o   Denver 36^th Street, Burnham, Denver North, East Portal Moffatt Tunnel, Grand Junction, Kremmling, Pueblo, and Rifle, all in Colorado
  • o   Helper, Ogden, Provo, Roper, Salt Lake City North, and Summit, all in Utah
    • §  Also for six rail yards in Utah, failure to provide certifications and reports for storm water pollution prevention plans (SWPPPs) as required by the Utah Multi-Sector General  Permit.
• o   Bill, Buford, Cheyenne, Green River, Laramie, and Rawlins, all in Wyoming
  • §  Also for the Rawlins, Wyoming rail yard, an inadequate FRP and a failed Government Initiated  Unannounced Exercise

For more information on the Clean Water Act, visit EPA's compliance web page: http://www.epa.gov/compliance/civil/cwa/index.html

For more information on Environmental Justice within EPA Region 8 please visit: http://www.epa.gov/region8/ej/index.html

Help EPA protect our nation's land, air and water by reporting violations: http://www.epa.gov/tips/