EPA v. BP's CURTIS BAY TERMINAL (BP PRODUCTS NORTH AMERICA INC)

Case summary

On November 27, 2012, the federal district court for the District of Maryland entered a Consent Decree resolving a civil action for claims against BP Products North America, Inc. (?BP?) for violations of Sections 311(b)(3) of the CWA. In 2005, EPA and the U.S. Coast Guard conducted two Government-Initiated Unannounced Exercises intended to test BP?s oil spill response preparedness at its Curtis Bay Terminal in Maryland. BP failed drills, which showed a significant inability to respond to an oil spill at the facility. The Consent Decree resolves violations of 40 C.F.R. ?? 112.20 and 112.21 in connection with the failed drills. The United States and BP Products North America, Inc. have agreed to settle this matter for a civil penalty of $210,000.00. In addition, BP will implement an estimated $1.469 million in injunctive relief both at the Curtis Bay Terminal Facility and at other FRP facilities in the United States. At the Curtis Bay Terminal, BP will conduct additional drills and will better integrate the facility?s contractor responders into its response operations. On a national level, BP will conduct a third-party audit of thirteen relatively high-risk facilities for compliance with federal requirements and will promptly correct any deficiencies. Also, on a national level, BP will implement a series of best practices at all of BP?s non-refinery petroleum products terminals including assessing spill preparedness and response weaknesses and, where identified, and addressing any such issues through amendments to the respective facilities? response plans. In addition, BP will implement a program of enhanced drills and exercises that will include, in part, greater contractor participation, planning for additional spill scenarios such as night and off hours events, and a requirement that BP repeat any failed drill and exercise within 90 days.

Defendants (1)

• BP'S PRODUCTS NORTH AMERICANamed in complaintNamed in settlement

Facilities (2)

• BP PRODUCTS NORTH AMERICA INC.

  801 E. ORDINANCE ROAD, BALTIMORE, MD, 21226

  Registry ID: 110000340006

• BP PRODUCTS NORTH AMERICA INC.

  801 E. ORDINANCE ROAD, BALTIMORE, MD, 21226

  Registry ID: 110000340006

Statutes cited

• CWA 311J — SPCC and/or Federal Response Plan Violations

Enforcement conclusions (1)

• BP's CURTIS BAY TERMINAL (BP PRODUCTS NORTH AMERICA INC)entered 2012-11-27

  Primary law: CWA

  · State/local: $210,000

Timeline (8 milestones)

• 2006-09-11Referred To Dept Of Justice
• 2006-09-11Information to DOJ
• 2006-10-06Enforcement Action Data Entered
• 2012-09-27Complaint Filed With Court
• 2012-09-27Final Order Lodged
• 2012-11-27Concluded
• 2012-11-27Final Order Entered
• 2016-02-10Enforcement Action Closed