BP Exploration (Alaska) Inc. and BP Corporation North America Inc. (Board decision, November 23, 2011)

Plain-English summary

EPA published notice of a proposed Final Order resolving a Safe Drinking Water Act matter involving BP Exploration (Alaska) Inc. and BP Corporation North America Inc. The public comment period closed on October 31, 2011, and EPA received no comments. The Environmental Appeals Board incorporated the Consent Agreement into its Final Order, ratified it, and ordered the respondents to comply with all of its terms immediately. The order does not state a penalty.

Decision snapshot

• Cited authorities: 42 U.S.C. § 300h-2(a) and (c); 40 C.F.R. §§ 22.18 and 22.45
• Outcome: The Consent Agreement was incorporated and ratified, and the respondents were ordered to comply with it.
• Key point: After the public-comment period closed without comments, the EAB made the SDWA Consent Agreement effective through a Final Order.

Full text (EPA EAB public release)

         UNITED STATES ENVIRONMENTAL PROTECTION AGENCY                         NOV 23 2011
                         WASHINGTON, D.C.
                                                                          Clerk, Environmental ApDBals Board
               BEFORE THE ENVIRONMENTAL APPEALS BO~~IN_'T'....;;AL.;;.,;S=~::::;:=====-==--.J

IN THE MATTER OF: )
)
BP Exploration (Alaska) Inc. ) Docket No. SDWA-HQ-2011-5055
BP Corporation North America Inc. )
)
Respondents. )

                                      FINAL ORDER

    Whereas EPA caused a Notice for Public Comment on September 29,2011 on the

proposed issuance of this Final Order, as required by the Safe Drinking Water Act, Section

1423(c), 42 U.S.C. § 300h-2(c), and 40 C.F.R. §§ 22.45(b) and (c), the public notice and

comment period closed on October 31, 2011. No comments were received by EPA.

    Pursuant to 40 C.F.R. § 22.18(b) of EPA's "Consolidated Rules of Practice Governing

the Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension

of Permits," and Sections 1423(a) and (c) of the Safe Drinking Water Act ("SDWA"), 42 U.S.C.

§§ 300h-2(a) and (c), the Consent Agreement resolving this matter is incorporated by reference

into this Final Order and is hereby ratified.

    The Respondents are ORDERED to comply with all terms of the Consent Agreement,

effective immediately.

    So Ordered.

Date:
 CERTIFICATE OF SERVICE

   I certify that the foregoing "Consent Agreement" and "Final Order," in the Matter of BP

Exploration (Alaska) Inc. and BP Corporation North America Inc., Docket No. SDWA-HQ-

2011-5055, were filed and copies of the same were mailed to the parties as indicated below:

(Interoffice) Cari Shiffman, Attorney-Adviser
Waste and Chemical Enforcement Division (2249A)
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
1200 Pennsylvania Ave, N.W.
Ariel Rios Building, Room 4146A
Washington, DC 20460
Phone: 202-564-2898
E-mail: [email protected]

(U.S. Mail) Joel Gross
Counsel for BP Exploration (Alaska) Inc., BP Products North America Inc.,
BP West Coast Products LLC, and BP Corporation North America Inc.
Arnold & Porter LLP
555 Twelfth Street, NW
Washington, DC 20004
Phone: 202-942-5705
E-mail: [email protected]

                                                          nnette Duncan, Secretary
                                                   U.S. Environmental Protection Agency
                                                       Environmental Appeals Board

       NOV 2 3 20lf

Dated: ------------------------