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EPA initiates penalty actions against 21 facilities in MT and on two Indian reservations under the Clean Water Act

Release Date: 6/7/2004
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      Denver -- The U.S. Environmental Protection Agency's (EPA) Denver office is seeking penalties against 21 facilities in Montana, the Fort Peck Indian Reservation and the Blackfeet Indian Reservation for violations of the federal Clean Water Act's Spill Prevention Control and Countermeasure (SPCC) Plan regulations. Penalties range from $450 to $37,893. EPA's actions require the facilities to develop and implement oil spill prevention plans, clean up spills, and take corrective action.
In September 2003, EPA conducted 45 SPCC inspections at facilities in northern Montana, with half of the inspections occurring on the Blackfeet and Fort Peck Indian Reservations. The facilities EPA inspected store, distribute, produce or use oil. Nine of the facilities have major SPCC violations, such as no berms around oil storage tanks to contain a spill, no (or inadequate) SPCC plans, inadequate facility security, failure to clean up oil spills and/or numerous or repeat violations. Three of the facilities were inspected in 1995. Many of the same violations were identified then, but were not corrected. The 21 facilities have 30 days to accept EPA's proposed penalty or request a formal hearing.
    Failure to comply with the requirements of the SPCC Plan regulations may result in harmful oil spills that create the potential for fires and explosions -- endangering human life and property, as well as contaminating water. A single pint of oil released into water can leave a sheen on up to an acre of water. Even in such small quantities the oil can be deadly to birds, animals and fish when the oil is ingested, if feathers and fur become coated, or the water's oxygen supply is depleted.

    "The regulations are in place to protect the environment, including drinking water. They also ensure that those in the regulated community who operate facilities meeting SPCC requirements are not disadvantaged economically," EPA Assistant Regional Administrator Carol Rushin said.

    "The Oil Enforcement Program applies to all oils -- petroleum, non-petroleum, animal and vegetable oil, and any facility that handles more than 1,320 gallons of oil is regulated, from farms to large refineries," Rushin said.

    For the facilities with more serious violations, EPA provides the opportunity for the public to comment on the proposed penalty assessments for alleged violations of the Clean Water Act. To find out how to submit your comments, you may access the Public Notices at:
    https://www.epa.gov/region08/compliance/publicnotice

    Facilities with proposed actions available for public comment are:
    Farmer’s Union Oil Company, aka AgLand Co-Op, Wolf Point, MT

    The other facilities with proposed actions are:
    Chief Mountain Junction
    Dallas Aero
    Jim’s Diesel Repair
    Montana Department of Transportation – Browning Station
    Montana Department of Transportation – Glasgow Station
    Montana Department of Transportation – St. Mary’s Station
    Trail’s End Service
    Valley County Road Department

    Twelve facilities with less severe violations will receive settlement offers from EPA ranging from $450 to $1,850.

    For general information about the Spill Prevention Control and Countermeasure Plan requirements, see
    https://www.epa.gov/oilspill/pdfs/spccbluebroch2002.pdf

    For the Spill Prevention Control and Countermeasure Plan regulation, see
    https://www.epa.gov/oilspill/lawsregs.htm#spcc


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