EPA v. Kinder Morgan Liquids Terminals, LLC

Case summary

On August 31, 2009, Region 2 issued a RCRA Section 3008(h) Order to require both ExxonMobil Oil Corporation and Kinder Morgan Liquids Terminals LLC, the former and present owner of a petroleum bulk storage and distribution facility on Staten Island in New York City, to perform corrective action work. Approximately one hundred and twenty acres of the two hundred and three acre facility are used for petroleum operations, which have involved the use of 40 above-ground tanks and two RCRA regulated surface impoundments. EPA had previously issued a unilateral Order pursuant to Section 3013 of RCRA requiring Mobil Oil Corporation to perform a RCRA Facility Investigation (RFI) to study soil and groundwater at the site and to assess the impact of any contamination migrating from the facility into the Arthur Kill an adjacent waterway. The RFI concluded that there had been impacts from facility operations to the soil and groundwater at the site which included various forms of petroleum related contamination. The new Order requires the completion of cleanup work at the facility, including steps to enhance corrective action activities already underway and the selection and implementation of other final remedial measures.

Defendants (2)

• Kinder Morgan Liquids Terminals, LLCNamed in settlement
• Exxon MobilNamed in settlement

Facilities (2)

• STATEN ISLAND TERMINAL

  4101 ARTHUR KILL ROAD, STATEN ISLAND, NY, 10309

  Registry ID: 110010437367

• STATEN ISLAND TERMINAL

  4101 ARTHUR KILL ROAD, STATEN ISLAND, NY, 10309

  Registry ID: 110010437367

Statutes cited

• RCRA 3008H — Interim Status Corrective Action Order

Enforcement conclusions (1)

• Kinder Morgan Liquids Terminals, LLCentered 2009-08-31

  Primary law: RCRA

Timeline (3 milestones)

• 2009-08-31Final Order Issued
• 2009-08-31Enforcement Action Closed
• 2009-09-23Enforcement Action Data Entered