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The Environmental Protection Agency (EPA) today announced a decision to modify its 1985 determination prohibiting the discharge of dredged or fill material in the protected wetlands of the Bayou aux Carpes area south of New Orleans. Today’s announcement will allow for discharges associated with construction of the Gulf Intracoastal Waterway (GIWW) West Closure Complex within the Bayou aux Carpes site as part of the proposed enhanced levee system in Jefferson Parish, Louisiana.

After Hurricanes Katrina and Rita in 2005, Congress directed the U.S. Army Corps of Engineers (Corps) to enhance the existing hurricane risk reduction system that serves the west bank of the Mississippi River. As part of this upgrade, the Corps proposed to build a new levee within the Bayou aux Carpes wetlands in Jefferson Parish, where discharge of dredged or fill material has been prohibited by EPA since 1985. The GIWW West Closure Complex project is part of a much larger project which will reduce flooding risks to 250,000 people living in south Louisiana.

“Today’s decision achieves a balance between the national interest of reducing overwhelming flooding risks to the New Orleans area and critical infrastructure of south Louisiana while ensuring protection of a vital ecosystem,” said Acting EPA Regional Administrator Lawrence E. Starfield. “We are pleased that earlier this year Congress recognized the area for its uniqueness, ecological integrity, and beauty by making it part of the National Park system.”

“The Interagency Team assigned to this project engaged the navigation industry, local non-government organizations and parish leadership to identify the best engineering, least damaging and most effective risk reduction measure for people living and working on the west bank,” said Colonel Alvin Lee, New Orleans District Commander.

The Corps’ GIWW West Closure Complex would include the construction of a concrete “T-wall” style floodwall along the boundary of the site in lieu of a levee bisecting the site in order to minimize the environmental impacts to the Bayou aux Carpes wetlands. The placement of the wall within the 100 foot by 4,200 foot perimeter corridor in the Bayou aux Carpes area, along with the commitment by the Corps to fully mitigate for the unavoidable wetlands impacts and to implement additional ecological enhancement features, provides the most practical approach from an environmental perspective while ensuring the 100-year level of risk reduction is accomplished.

EPA has a long record of protecting these wetlands, dating back to the earliest days of the agency’s history, and this decision will provide adequate protection of the ecological integrity of the Bayou aux Carpes wetlands. The projected construction impacts will be limited in time and area, the unavoidable impacts will be appropriately mitigated, additional features will be developed and implemented to enhance the wetlands, and the site will be monitored and managed for any adverse changes for the life of the Corps project.

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The Environmental Protection Agency (EPA) has issued a cease and desist administrative order to Maverick Energy Services, Inc. of Holdenville, Oklahoma, for violations of the federal Clean Water Act.

On May 11, 2009, an EPA inspection of the company’s soil farming facility in Hughes County, Oklahoma, found an unauthorized discharge of drilling mud into a tributary of Elm Creek.

Based on this inspection, Maverick Energy Services, Inc. has been ordered to cease all discharges of pollutants from the facility, remove all drilling mud from the tributary of Elm Creek, and within 30 days provide written certification to EPA that these activities have been completed.

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The Environmental Protection Agency (EPA) has issued a cease and desist administrative order to Canan Operating, Inc. of Wichita Falls, Texas, for violations of the federal Clean Water Act.

On May 13, 2009, an EPA inspection of the company’s oil field production facility in Wilbarger County, Texas, found an unauthorized discharge of oil field brine generated by production activities into a tributary of Beaver Creek. The inspection also revealed that water located at the discharge point of entry into the tributary was contaminated from brine discharges and salts.

Based on these findings, Canan Operating, Inc. has been ordered to cease all discharges of pollutants from the facility, remove all brine and contaminated soils from the flow path located between the facility and the tributary of Beaver Creek, remove all brine from the tributary of Beaver Creek, and within 30 days provide written certification to EPA that all these activities have been completed.

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The Environmental Protection Agency (EPA) has fined Prize Petro of Cherokee County, Texas, $4,000 for violating the Clean Water Act. Today’s announcement settles a Clean Water Act violation for a 2,100-gallon oil spill from an oil production facility into Owl Creek and wetland adjacent to the Neches River and adjoining shorelines in Cherokee County on December 17, 2008. Owl Creek is a tributary of the Neches River which enters Sabine Lake near the Gulf of Mexico. The settlement requires Prize Petro to pay a civil fine and certify that it has investigated the cause of the spill, cleaned up the spill and taken actions that will prevent future spills.

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The Environmental Protection Agency (EPA) has fined one Texas and two Oklahoma companies $2,500 for violating federal Spill Prevention, Control and Countermeasure (SPCC) regulations outlined under the Clean Water Act.

Federal inspections in February and March 2009 of oil production facilities found numerous violations. For example, inspections and tests required by SPCC regulations were not in accordance with written procedures and spill prevention briefings were not scheduled and conducted periodically. The inspections also revealed personnel working at the facilities had no training in several areas, including: operation and maintenance of equipment to prevent discharges; discharge procedure protocols; general facility operations; and applicable pollution control laws, rules and regulations.

• Noble Energy, Inc., Houston, Texas - $900;
• Southwest Petroleum Corp., Drumright, Oklahoma - $850; and
• Marjo Operating Co. Inc., Tulsa, Oklahoma - $750

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

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

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The Environmental Protection Agency (EPA) has fined four Oklahoma companies $4,150 for violating federal Spill Prevention, Control and Countermeasure (SPCC) regulations outlined under the Clean Water Act.

Federal inspections in December 2008 and January 2009 of oil production facilities found numerous violations. For example, inspections and tests required by SPCC regulations were not in accordance with written procedures and spill prevention briefings were not scheduled and conducted periodically. The inspections also revealed personnel working at the facilities had no training in several areas, including: operation and maintenance of equipment to prevent discharges; discharge procedure protocols; general facility operations and; applicable pollution control laws, rules and regulations.

• N&N Oil Company, Duncan - $750;
• Ronnie Gaskins Oil & Gas, Lawton - $900;
• Red Earth Oil and Gas, Inc., Oklahoma City - $700; and
• Lewis Oil Properties, Ratliff City - $1,800.

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

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

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The Environmental Protection Agency (EPA) has fined Stephenson Oil Company, Inc. of Cleburne County, Arkansas, $20,906 for violating the federal Clean Water Act. Today’s announcement settles a Clean Water Act violation for discharging approximately 1970 gallons of oil into Sulphur Creek and its adjoining shorelines from Stephenson Oil Company’s bulk oil storage facility in Heber Springs, Arkansas, and associated Spill Prevention, Control and Countermeasure (SPCC) violations. A federal inspection of the facility revealed that the company had failed to prepare an adequate SPCC plan for the facility, and had failed to provide adequate secondary containment for bulk storage tanks and storage units which contributed to the oil spill.