Justice Department and EPA reach $1 million settlement with Noble Energy and Noble Midstream to resolve Clean Water Act violations at Colorado oil and gas facilities

 U.S. EPA News Release:

Justice Department and EPA reach $1 million settlement with Noble Energy and Noble Midstream to resolve Clean Water Act violations at Colorado oil and gas facilities

Companies agree to penalty and to take actions to prevent future spills

 

DENVER (August 10, 2021)- Today the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice announced that Noble Energy, Inc., Noble Midstream Partners LP, and Noble Midstream Services, LLC (collectively, Noble) have agreed to pay $1 million and implement enhanced containment measures and electronic sensors at tank batteries operating in Colorado floodplains.  The agreement, lodged as a proposed consent decree with the U.S. District Court for the District of Colorado, resolves Clean Water Act claims at two oil and gas production facilities in Weld County, Colorado.

The United States concurrently filed a civil complaint with the proposed consent decree detailing alleged violations of the Clean Water Act at the facilities.  These violations include a 2014 unauthorized discharge of oil from the State M36 Facility into the Poudre River and noncompliance with regulations issued to prevent and respond to oil spills at the State M36 Facility and the Wells Ranch Facility.

“EPA will continue to make sure facilities like the State M36 and Wells Ranch Facilities comply with the federal requirements that safeguard our communities and our rivers and streams,” said Suzanne Bohan, director of EPA Region 8’s Enforcement and Compliance Assurance Division.  “This agreement will help prevent future oil discharges to Colorado’s waters by requiring Noble to invest in improved spill containment and response measures at all tank battery sites operating in floodplains.”

The settlement requires installation of steel oil-spill containment berms and remote monitoring sensors, as well as tank anchoring at all of Noble’s active tank batteries in Colorado floodplains. Noble Midstream must also implement and provide periodic reports on a facility response training, drills, and exercises program at the Wells Ranch facility. The $1 million penalty will be deposited into the Oil Spill Liability Trust Fund, a fund used by federal agencies to respond to discharges of oil and hazardous substances.

The State M36 Facility is located in a 100-year floodplain approximately 400 feet from the Poudre River. At some time between May 24, 2014, and June 20, 2014, high flows on the Poudre River flooded the State M36 Facility, breaking a valve on a 300-barrel storage tank and discharging approximately 173 barrels (7,266 gallons) of condensate and produced water into the Poudre River and its adjoining shorelines. Noble Energy remediated the impacted environment following the spill and decommissioned the tank battery in April 2019. During its investigation of the State M36 spill, EPA found deficiencies in Noble Energy’s Spill Prevention Control and Countermeasure (SPCC) Plan, which Noble Energy has since corrected.

EPA inspected the Wells Ranch Facility on two occasions and found its Facility Response Plan (FRP) and SPCC Plan did not meet the regulatory requirements. EPA also conducted two unannounced oil spill response exercises, which Noble Midstream was unable to complete. Noble Midstream has since remedied the SPCC and FRP deficiencies by purchasing additional response equipment, conducting employee training, submitting a revised SPCC Plan, and submitting a revised FRP. Noble Midstream also demonstrated its ability to properly conduct an oil spill response drill and exercise.

The Oil Pollution Prevention requirements of the Clean Water Act are intended to prevent discharges of oil and facilitate responses if discharges occur. All facilities with 1,320 gallons of oil that have the potential for a spill to reach waters of the United States are required to have SPCC Plans. Facilities with storage capacity of one million gallons or more and with the potential to impact fish, wildlife and sensitive environments are also required to meet FRP requirements. The Oil Pollution Prevention requirements of the Clean Water Act are administered by the EPA and the Coast Guard and cannot be delegated to the states.

The proposed consent decree is subject to a 30-day public comment period and final court approval. It will be available for viewing at www.justice.gov/enrd/consent-decrees.

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 SPCC and FRP regulatory requirements visit EPA’s compliance web page: http://www.epa.gov/oil-spills-prevention-and-preparedness-regulations

EPA to Hold Community Meeting on Ethylene Oxide Emissions in Longview, TX

 U.S. EPA News Release:

EPA to Hold Community Meeting on Ethylene Oxide Emissions in Longview, TX

 

(DALLAS – Aug. 9, 2021) The U.S. Environmental Protection Agency will hold a virtual community meeting to provide residents of Longview, Texas, with information about ethylene oxide (EtO) and its health effects. EPA staff will present information specific to the Longview area, including risk levels associated with EtO and information about actions taken by industrial facilities to control or reduce EtO emissions. Participants will be able to provide feedback and ask questions.

 

Members of the media are invited to attend. Please RSVP to R6Press@epa.gov.

 

WHO:             U.S. Environmental Protection Agency

   

WHAT:          Ethylene Oxide Community Meeting for Longview, Texas

 

WHERE:       Zoom link: https://usepa.zoomgov.com/j/1616468554

                        Meeting ID: 161 646 8554

 

WHEN:          Tuesday, August 10

                        6 pm CDT

 

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LPG Land & Development Corp to pay penalty, make stream improvement to settle water violations at Morgantown facility

 U.S. EPA News Release:

LPG Land & Development Corp to pay penalty, make stream improvement
to settle water violations at Morgantown facility
 

PHILADELPHIA (Aug. 9, 2021) – LPG Land & Development Corporation will pay a $125,000 penalty and pay more than $600,000 for stream restoration improvements to settle federal and state water pollution violations at the Mon Fayette Industrial Park in Morgantown, West Virginia, the U.S. Environmental Protection Agency and West Virginia Department of Environmental Protection (WVDEP) announced today.

The proposed consent decree was lodged this week by the U.S. Justice Department on behalf of EPA and WVDEP in federal district court in Clarksburg, West Virginia. It is subject to a 30-day public comment period and final court approval.

The U.S. and WVDEP cited the following violations of Clean Water Act and the West Virginia Water Pollution Control Act at LPG’s Morgantown industrial park property, which is near Cheat Lake and includes tributaries to the Cheat River:

• Discharging dredged or fill material into approximately 2,168 feet of two perennial (year-round) and two intermittent tributaries to the Cheat Lake, without a U.S. Army Corps of Engineers permit.
• Discharging sediment-laden construction stormwater from clearing and grading more than 18 acres—including an unstabilized and hazardous vertical cut into a hillside—either without or not in compliance with a required Clean Water Act permit.
• Discharging odorous solvents, without authorization, resulting in the release of those chemicals into nearby streams.

The $125,000 penalty will be paid over the next three years and stream improvements will be made over the next 15 years via the purchase of stream mitigation credits and stream enhancement work on a portion of the site.

Additionally, LPG will be required to:

• Cease unauthorized discharges of pollutants/chemicals except in compliance with a permit issued by WVDEP.
• Submit and implement a plan to stabilize the vertical cut into the hillside.
• Inspect – monthly and after rain events – and maintain the effectiveness of slope stabilization measures for the vertical cut, a diversion ditch, pipe slope drains, and dams.
• Refrain from further earthmoving on the site except pursuant to a Clean Water Act permit for discharges associated with stormwater.    

As part of the settlement, LPG has certified that it is now in compliance with applicable Clean Water Act requirements.  A copy of the proposed consent decree is available at: www.justice.gov/enrd/Consent_Decrees.html

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New York State on Track to Meet Pollutant Reduction Targets for Chesapeake Bay

 U.S. EPA News Release:

New York State on Track to Meet Pollutant Reduction Targets for Chesapeake Bay

NEW YORK (August 6, 2021) – The U.S. Environmental Protection Agency (EPA) today announced that it has evaluated New York State’s final amended Phase III Watershed Implementation Plan (WIP) as a part of a broad-ranging effort to reduce pollution entering the Chesapeake Bay from sources across New York’s Southern Tier. New York’s plan, if fully implemented, will meet the state’s pollutant reduction goals agreed to by the Chesapeake Bay Program (CBP) partnership. New York’s goals include having practices and controls in place by 2025 to achieve targeted reductions for nitrogen, phosphorus and sediment that New York is responsible for meeting in their portion of the watershed.

In an evaluation of New York’s final amended Phase III WIP, EPA identified sector-by-sector strengths in the revised commitments, as well as areas that could be enhanced to ensure New York’s goals will be maintained beyond 2025.

“EPA appreciates New York State’s commitment to reducing pollution that will help achieve important water quality goals to protect the Chesapeake Bay watershed and its ecosystems and local communities, including historically underserved communities,” said EPA acting Regional Administrator Walter Mugdan. “We will continue to work with New York to ensure that their proposed actions are realized and that they generate the necessary pollutant reductions.”

As it has done since the release of the Chesapeake Bay Total Maximum Daily Load in 2010, EPA will commit staff, contractual and funding resources to support the implementation of New York’s Phase III WIP and subsequent two-year milestones.

The seven jurisdictions (Delaware, the District of Columbia, Maryland, New York, Pennsylvania, Virginia, and West Virginia) in the CBP partnership agreed to develop WIPs in three phases to provide a framework for reducing nitrogen, phosphorus, and sediment loads to meet water quality standards in the Chesapeake Bay and its tidal tributaries. The CBP partnership established the goal to have all practices and controls in place by 2025 necessary to achieve applicable water quality standards in the tidal Bay. The Bay jurisdictions have committed to account for additional nutrient loads projected through 2025 due to climate change.

The evaluation is available on the Chesapeake Bay Total Maximum Daily Load website at https://www.epa.gov/chesapeake-bay-tmdl.

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North Dakota Pipeline Company to Pay $35 Million in Criminal Fines and Civil Penalties for Largest-Ever Inland Spill of Produced Water from Oil Drilling

 U.S. EPA News Release:

North Dakota Pipeline Company to Pay $35 Million in Criminal Fines and Civil Penalties for Largest-Ever Inland Spill of Produced Water from Oil Drilling

Pipeline Rupture Caused 29 Million Gallon Spill Over 143 Days Before Discovery

 

WILLISTON, ND (August 5, 2021)  – The Department of Justice today filed criminal charges under the Clean Water Act against Summit Midstream Partners LLC, a North Dakota pipeline company that discharged 29 million gallons of produced water from its pipeline near Williston, North Dakota, over the course of nearly five months in 2014-2015. The discharge of more than 700,000 barrels of “produced water” – a waste product of hydraulic fracturing – contaminated land, groundwater, and over 30 miles of tributaries of the Missouri River. The spill, believed to be the largest inland spill in history, was visible in photographs taken by satellites orbiting the earth.

In addition to the criminal charges, the United States and the State of North Dakota filed a civil complaint against Summit and a related company, Meadowlark Midstream Company LLC, alleging violations of the Clean Water Act and North Dakota water pollution control laws. Under parallel settlements resolving the criminal and civil cases, the company has agreed to pay a total of $35 million in criminal fines and civil penalties.

“After learning of the pipeline’s rupture, the defendant took no action to notify proper authorities or shut down the line for nearly five months, resulting in the largest inland produced water spill in U.S. history,” said Acting Assistant Administrator of EPA’s Office of Enforcement and Compliance Assurance Lawrence Starfield.  “In addition to substantial penalties, EPA and our state and federal partners required Summit to clean up the contamination caused by the spill, and perform pipeline testing, control room monitoring, and third-party auditing, to safeguard our rivers, lakes and streams and the communities that depend on them.”

“Summit prioritized profits over the environment. The company’s disregard for pipeline safety resulted in pollution of the environment on a massive scale over 143 days,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “Summit’s conduct was criminal and its failure to immediately report the discharge a felony.  This resolution holds the company financially accountable, requires enhanced compliance measures to prevent future spills, and provides compensation for North Dakota’s damaged natural resources.”    

“North Dakota and its federal partners are holding Summit and Meadowlark accountable and making clear that disregard for North Dakota’s environmental laws will not be tolerated,” said North Dakota Attorney General Wayne Stenehjem. “The North Dakota Department of Environmental Quality, Game and Fish Department, and Industrial Commission staff spent countless hours investigating and responding to the spill, making this settlement possible.”

If the court accepts the plea agreement, Summit will pay $15 million in federal criminal fines for negligently causing the continuous spill, failing to stop it and deliberately failing to make an immediate report as required.

“Summit’s negligence included the design, construction and operation of the Marmon Water Gathering System pipeline, as well as the negligent failure to find and stop the spill after learning of objective signs of a leak,” according to a factual admission signed by the company and filed in court. Summit started pipeline operations without meters at both ends of the pipeline to conduct “line balancing” or otherwise having a reliable leak detection system in place. “Even after the company learned of major drops in pressure and volume – objective signs of a leak – the company negligently continued operations and thus caused millions of additional gallons to be discharged into U.S. waters without learning the cause or pausing operations,” according to the Joint Factual Statement.

Summit has further admitted that it knowingly did not share all relevant information regarding the volume and duration of the spill and that its reports to federal and state authorities “were incomplete and misleading,” in papers filed in court. Summit eventually reported 70,000 barrels over a 10-day period despite an internal analysis showing the discharge was more than 700,000 barrels over 143 days. Under the terms of the proposed plea agreement, Summit will serve three years of probation in which comprehensive remedial measures are required.

Under the proposed civil settlement, Summit, Meadowlark, and a third related company, Summit Operating Services Company LLC, will pay $20 million in civil penalties, perform comprehensive injunctive relief, clean up the contamination caused by the spill and pay $1.25 million in natural resource damages to resolve the civil case. Summit has spent over $50 million to date to clean up the spill under state oversight; ongoing remediation efforts under the civil settlement are expected to continue over the next several years. The civil settlement further requires Summit and Meadowlark to take concrete steps to prevent future discharges, including stringent pipeline installation, operation, and testing requirements; a centralized computational pipeline monitoring system; spill response planning and countermeasures; an environmental management system; and data management and training measures. Independent third-party audits are required to ensure that certain injunctive measures are properly developed and implemented. These compliance measures were made a condition of Summit’s probation in the proposed criminal plea agreement. The companies have also agreed to enter into a related administrative settlement with the North Dakota Industrial Commission.        

Summit continued pumping produced water through the pipeline in 2014 to 2015 despite multiple warning signs that the line had ruptured:

Aug.17, 2014. Real-time pressure data collected by Summit showed a significant pressure drop, indicating a rupture had occurred.

Oct. 14, 2014: Summit’s construction manager raised a concern about “extreme low pressure on the pipeline.” The facilities engineer responded: “Not good. We may want to consider shutting it down.” Summit continued to operate the line.

Nov. 4, 2014: the third-party operator of the injection well at the end of the pipeline (Company A) informed Summit that 115,000 barrels (4,830,000 gallons) of produced water were missing for the month of October, which is approximately 3,700 barrels (155,400 gallons) per day.

Dec. 3, 10, and 16, 2014: Company A followed up with Summit about the produced water discrepancy, having received no response to its previous inquiries. During this time, Company A confirmed the accuracy of its injection well meters and informed Summit that the discrepancy had risen to 4,900 barrels per day.

Jan. 6, 2015: A Summit employee walked the line, finally identifying the rupture.

The resulting 700,000-barrel discharge of produced water contained crude oil, chloride, sodium, ammonia, aluminum, arsenic, boron, copper, nickel, selenium, zinc, barium, benzene and thallium, among other contaminants. Produced water is a waste product of oil extraction and can be toxic to plants, fish and other aquatic wildlife. It is also harmful to humans.

The designated federal trustee is the U.S. Department of the Interior’s Fish and Wildlife Service, and the designated state trustees are the North Dakota Department of Environmental Quality and the North Dakota Department of Game and Fish. A Draft Restoration Plan outlining the trustees’ restoration projects will be available at https://www.fws.gov/mountain-prairie/pressrel/archives/index.php and https://deq.nd.gov/EHSRulesRegs.aspx. The Draft Restoration Plan is subject to a 30-day public comment period. The civil settlement was lodged in the U.S. District Court for the District of North Dakota and is subject to a 30-day public comment period and final court approval. It will be available for viewing at www.justice.gov/enrd/consent-decrees.

The criminal case is being prosecuted by Senior Litigation Counsel Richard A. Udell, Senior Trial Attorney Christopher J. Costantini, Trial Attorneys Stephen J. Foster and Erica H. Pencak of the Environmental Crimes Section of the Department of Justice’s Environment and Natural Resource Division (ENRD), and Assistant U.S. Attorney Gary Delorme. The federal civil case is being handled by Senior Attorney Laura A. Thoms and Trial Attorney Devon A. Ahearn of the Environmental Enforcement Section of ENRD. The state civil case is being handled by Assistant Attorney General Margaret I. Olson of the North Dakota Office of Attorney General.

The criminal investigation was conducted by EPA’s Criminal Investigations Division. EPA’s Office of Enforcement and Compliance Assurance, EPA Region  8, the North Dakota Department of Environmental Quality, the North Dakota Industrial Commission, the U.S. Fish and Wildlife Service, the U.S. Department of Interior, and the North Dakota Department of Game and Fish provided assistance to both the criminal and civil investigations.

Praxair in Carson, Calif., pays $127,000 EPA penalty for violations of law related to ammonia storage, risk management

 U.S. EPA News Release:

Praxair in Carson, Calif., pays $127,000 EPA penalty for violations of law related to ammonia storage, risk management

LOS ANGELES – The U.S. Environmental Protection Agency (EPA) announced a settlement with Praxair Inc., now known as Linde Inc., for violations of federal chemical release prevention and reporting requirements at its carbon dioxide liquification plant. The company will pay a $127,000 civil penalty and make safety improvements to its Carson, California facility to protect the public and first responders from dangerous chemicals.

The company’s Carson facility stores and distributes anhydrous ammonia and other chemicals. Exposure to high concentrations of anhydrous ammonia can lead to serious lung damage and even death.

“Reducing risks from accidental releases of hazardous substances at industrial and chemical facilities is a top priority for EPA,” said Amy Miller, EPA Pacific Southwest Regional Director of Enforcement and Compliance Assurance. “It is very important for facilities that store dangerous materials like anhydrous ammonia to understand the risks of this hazardous chemical and maintain a safe operation.”

Following a release of anhydrous ammonia in January 2019, Praxair failed to immediately notify the National Response Center, in violation of the federal Comprehensive Environmental Response, Compensation, and Liability Act, ultimately reporting the release several hours after it occurred.

EPA also found that Praxair violated multiple chemical accident prevention provisions of the Clean Air Act, which requires that facilities storing more than 10,000 pounds of anhydrous ammonia are properly designed, operated, and maintained to minimize the risk of an accidental release. In addition, EPA found that Praxair failed to: properly label the facility’s process and emergency equipment; have proper emergency controls; replace damaged or missing insulation; properly seal doors; and protect electrical equipment with proper coverings.  

Thousands of facilities nationwide make, use, and store extremely hazardous substances, including anhydrous ammonia. Catastrophic accidents at these facilities—historically about 150 each year—result in fatalities and serious injuries, evacuations, and other harm to human health and the environment. EPA inspected the Praxair facility as part of the agency’s National Compliance Initiative. The goal of this initiative is to reduce risk to human health and the environment by decreasing the likelihood of accidental releases at facilities such as anhydrous ammonia refrigeration facilities.

For more information on EPA’s Chemical Accident Risk Reduction National Compliance Initiative, please visit: https://www.epa.gov/enforcement/national-compliance-initiative-reducing-accidental-releases-industrial-and-chemical

For more information on the Clean Air Act’s Risk Management Plan Program, please visit: https://www.epa.gov/rmp.

For more information on the Emergency Planning and Community Right-to-Know Act program: https://www.epa.gov/epcra/what-epcra.

Learn more about EPA’s Pacific Southwest Region. Connect with us on Facebook and on Twitter.

EPA Settlement Addresses Alleged Hazardous Waste Violations at US Technology Site in Fort Smith, Ark.

 U.S. EPA News Release:

EPA Settlement Addresses Alleged Hazardous Waste Violations at US Technology Site in Fort Smith, Ark.

 

Media contact: Jennah Durant at r6press@epa.gov or 214 665-2200

 

DALLAS – (August 3, 2021) The U.S. Environmental Protection Agency (EPA) Region 6 recently announced a settlement regarding alleged hazardous waste violations at the US Technology Corporation (UST) site in Fort Smith, Arkansas. The settlement alleges several companies generated hazardous waste that was proposed for recycling but was instead stored by the owner and operator of UST without a Resource Conservation and Recovery Act (RCRA) permit. The 10 Respondents to the case are cooperating fully with EPA to remove over five million pounds of hazardous waste from the UST site, which is located in a community with environmental justice concerns. Because the site is less than half a mile from a residential area and next to the flood-prone Arkansas River, it was important to remove the waste as quickly as possible following the finalization of the settlement to protect area residents and the environment, especially ahead of the most active period of hurricane season.  

 

“Today’s settlement reflects EPA’s commitment to protect human health and the environment by ensuring compliance with state and federal environmental laws,” said Acting Regional Administrator David Gray. “Through this settlement, EPA demonstrates that it will hold companies responsible for failing to take necessary steps to dispose of hazardous waste properly and prevent contamination near vulnerable communities.”

 

In April 2018, EPA’s investigation of the UST facility found a warehouse containing an estimated 10,000 drums and 1,200 super sacks of waste which contains a blend of spent, blast, and related material that when recycled is used to make concrete products known as SBM, totaling about 6,854,400 pounds of material. EPA inspectors collected samples of the stored waste for laboratory analysis, which found the samples to be hazardous waste for lead, chromium, and cadmium. Therefore, the waste was subject to hazardous waste regulations under RCRA, which require a generator of hazardous waste to be responsible for the waste from “cradle to grave,” including ensuring the waste is legally recycled or disposed.

 

Throughout the settlement process, EPA worked closely with the Arkansas Department of Energy and Environment’s Division of Environmental Quality (ADEQ). While dozens of companies’ hazardous waste was stored improperly at the UST facility, the 10 Respondents agreed to work with EPA to remove quantities of waste, beyond their allocated amounts, to prevent potential environmental impacts. Under the settlement, Respondents will remove the majority of the waste, including waste that had been generated by companies that EPA could not locate or are currently out of business. EPA will continue to work with any other RCRA generators to remove the remaining drums while this settlement addresses the removal of nearly 80 percent of the waste in a timely manner.

 

The settlement was structured to allow for removal of the hazardous waste to prevent any harm to human health and the environment, and specifically at this time in anticipation of the most active period of hurricane season. Because the super sack containers have begun degrading, those have been prioritized for removal. To expedite the cleanup, Respondents agreed to use a single contractor to remove the waste. In preparation for the removal activities, on July 16, 2021, ADEQ’s staff conducted a site visit and documented the current state of the warehouse, the material, the surrounding perimeter of the warehouse, and the enclosure of the property by a secured gate to establish a baseline of the site’s conditions prior to the start of cleanup activities.

 

The 10 Respondents to the case who are working to remove the hazardous waste are: National Oilwell Varco L.P.; VSE Corporation; American Airlines, Inc.; Solar Turbines Incorporated; Goodrich Corporation; AAR Landing Gear Corporation; AV Task, Inc.; Varec Biogas, Inc.; Honeywell International, Inc.; and Kansas Dry Stripping, Inc.

 

For more about the Resource Conservation and Recovery Act: https://www.epa.gov/laws-regulations/summary-resource-conservation-and-recovery-act

 

Connect with EPA Region 6:

On Facebook: https://www.facebook.com/eparegion6 

On Twitter: https://twitter.com/EPAregion6

Activities in EPA Region 6: https://www.epa.gov/aboutepa/epa-region-6-south-central

 

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