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EPA Settles Spill Response Case Against ExxonMobil in Utica, New York; Facility Makes Improvements to Spill Response Capabilities, Agrees to Pay $30,000

Release Date: 08/30/2001
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(#01111) New York, New York -- ExxonMobil has fixed inadequacies in its ability to respond to oil spills at its Utica, New York facility that were first revealed during a surprise drill conducted by the U.S. Environmental Protection Agency (EPA). The company was found in violation of Clean Water Act requirements to prepare and be able to carry out a Facility Response Plan (FRP) in the case of an emergency. In order to check facilities' compliance with these requirements, EPA conducts surprise drills. ExxonMobil has since addressed the inadequacies and has agreed to pay $30,000 for the violation. An unannounced drill recently conducted at ExxonMobil determined the facility is now prepared to respond to an oil spill. "There's no better way to check a facility's ability to deal with the unexpected than just showing up and asking personnel to immediately simulate a spill," said William J. Muszynski, Acting EPA Regional Administrator. "It's imperative that this ExxonMobil facility, with its storage capacity of more than nine million gallons of oil, be able to respond properly to a spill. Considering it is located near the Mohawk River and Erie Barge Canal, it could be a real environmental disaster if an oil spill were to occur. ExxonMobil has since addressed the problems, and that's good for the environment." During the February 2000 surprise drill, ExxonMobil was asked by EPA to simulate how it would react in the event of an oil spill. Among the deficiencies was that ExxonMobil took too long - two hours - to place a containment boom, used to contain oil if it is spilled, into the Mohawk River. EPA issued a complaint to ExxonMobil seeking penalties and full compliance with provisions of the Clean Water Act that require facilities to have FRPs to respond to emergencies. Muszynski, stating that "an ounce of prevention is worth a pound of cure," hoped that other facilities would renew their awareness that they must be prepared to perform emergency drills. "EPA will continue to pay unannounced visits to facilities throughout New York State and throughout the region," Muszynski warned. The FRP details the facility's ability to respond to oil spills, including identification of qualified response personnel and equipment, flowpath of potential spills and vulnerable natural resources, evacuation and notification plans, and response training programs, including drills and exercises.