Phoenix Petroleum, LLC., to Pay $50,000 for Alleged CWA Violations

June 21, 2021

Phoenix submitted an acceptable SPCC Plan January 2021 since discovering the violations.

Clean Water Act (CWA) violations at North Dakota oil production facilities have been resolved. 

Phoenix Petroleum, LLC., has agreed to pay a penalty associated with inadequate spill prevention plan and field implementation of the plan at two tank batteries in Williams and Divide Counties, reported The Dickinson Press.

According to EPA, Phoenix’s violations include failure to comply with spill prevention, control, and countermeasure (SPCC) requirements at the AB Ericson 1-A Tank Battery and the Arlo Moberg 3 Tank Battery in Williams County.

EPA compliance inspections of the AB Ericson 1A Crude Oil Tank Battery in Divide County and the Arlo Moberg Tank Battery in Williams County found Phoenix had an inadequate facility-wide SPCC Plan, inadequate secondary containment measures for the storage tanks and other technical deficiencies.

As part of the proposed settlement, Phoenix agreed to pay $50,000 for their alleged CWA violations, reported The Dickinson Press.

Phoenix submitted an acceptable SPCC Plan January 2021, reported The Dickinson Press.

"Adequate spill prevention plans include important requirements and measures that protect public health and the environment," said Suzanne Bohan, director of EPA Region 8’s Enforcement and Compliance Assurance Division, reported The Dickinson Press. "The EPA will ensure facilities like these tank batteries comply with the federal requirements that safeguard our communities and our rivers and streams.”

According to EPA, discharges from the facilities may impact White Earth Creek, a tributary to the White Earth River.

The $50,000 penalty will be deposited into the Oil Spill Liability Trust Fund, which is used by federal agencies to respond to discharges of oil and hazardous substances. The proposed settlement is subject to a 30-day public comment period ending June 26, 2021 and final approval by the EPA’s Regional Judicial Officer.

Access and ability to comment on the Consent Agreement can be found here.

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Cristina Tuser

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