Document 0B25vBkkEnVD3OjEvKXMEDn

March 12, 2024 TRANSMITTED VIA EMAIL Mr. Joel Koch, General Manager of Operations Union Oil Company of California (UNOCAL) 100 Northpark Boulevard Covington, LA 70433 ckoc@chevron.com Re: Administrative Order, Docket Number: CWA-06-2024-1744 NPDES Permit: GMG290128 Dear Mr. Joel Koch: Enclosed is an Administrative Order (AO) issued by the United States Environmental Protection Agency (EPA) Region 6 to Union Oil Company of California (UNOCAL) for violations of the Clean Water Act, 33 U.S.C. 1251 et seq., and its National Pollutant Discharge Elimination System (NPDES) permit at Permitted Features PF 0745 and PF 0756 under permit number GMG290128. This AO requires UNOCAL to comply with the provisions set forth in the attached AO for violations identified during a review of Discharge Monitoring Reports from January 1, 2023, to December 31, 2023. This AO does not assess a monetary penalty; however, it does require compliance with applicable federal regulations. The first compliance deadline is within thirty (30) days of receipt of this AO. EPA is committed to ensuring compliance with the requirements of the NPDES program, and my staff will assist you in any way possible. EPA requests that you immediately confirm receipt of this e-mail and the attached AO by a response e-mail to Ms. Sharon Angove. Please reference AO Docket Number CWA-06-2024-1744 and NPDES Permit Number GMG290128 in your response. Sincerely, Cheryl T. Seager, Director Enforcement and Compliance Assurance Division Enclosures: Attachment A ec: Judy Triche, Chief, Environmental Monitoring Unit Bureau of Safety and Environmental Enforcement judy.triche@bsee.gov U.S. ENVIRONMENTAL PROTECTION AGENCY - REGION 6 FINDINGS OF VIOLATION AND COMPLIANCE ORDER In the Matter of: Union Oil Company of California (UNOCAL) Docket No.: CWA-06-2024-1744 NPDES No.: GMG290128 STATUTORY AUTHORITY The following findings are made, and Order issued, under the authority vested in the Administrator of the United States Environmental Protection Agency (EPA) by Section 309(a) of the Clean Water Act (the Act), 33 U.S.C. 1319(a). The Administrator of EPA delegated the authority to issue this Order to the Regional Administrator of EPA Region 6, who further delegated this authority to the Director of the Enforcement and Compliance Assurance Division. FINDINGS 1. Union Oil Company of California (UNOCAL) (Respondent) is a "person," as that term is defined at Section 502(5) of the Act, 33 U.S.C. 1362(5), and 40 C.F.R. 122.2. 2. At all times relevant to this Order (all relevant times), Respondent owned or operated offshore oil and gas production and/or exploration facilities located in the Central and Western Portions of the Gulf of Mexico in the Outer Continental Shelf (facilities), and is, therefore, an "owner or operator" within the meaning of 40 C.F.R. 122.2. The mailing address for Respondent is 100 Northpark Boulevard, Covington, LA 70433. 3. At all relevant times, the facilities acted as "point sources" of "discharges" of "pollutants" to the receiving waters of the Gulf of Mexico, which is considered a "water of the United States" within the meaning of Section 502 of the Act, 33 U.S.C. 1362, and 40 C.F.R. 122.2. 4. Because Respondent owns or operates facilities that act as point sources of discharges of pollutants to a water of the United States, Respondent and the facilities are subject to the Act and the National Pollutant Discharge Elimination System (NPDES) program. 5. Under Section 301 of the Act, 33 U.S.C. 1311, it is unlawful for any person to discharge any pollutant from a point source to waters of the United States, except with the authorization of, and in compliance with, an NPDES permit issued pursuant to Section 402 of the Act, 33 U.S.C. 1342. 6. Section 402(a) of the Act, 33 U.S.C 1342(a), provides that the Administrator of EPA may issue permits under the NPDES program for the discharge of pollutants from point sources to waters of the United States. Any such discharge is subject to the specific terms and conditions prescribed in the applicable permit. 7. Pursuant to Section 402(a) of the Act, 33 U.S.C. 1342(a), EPA issued the "NPDES General Permit for New and Existing Sources and New Dischargers in the Offshore Subcategory of the Oil and Gas Extraction Point Source Category for the Western Portion of the Outer Continental Shelf of the Gulf of Mexico" (GMG290000) (permit), which was reissued and took effect in its current form on October 1, 2017. The permit authorizes discharges from new sources, existing sources, and new dischargers in the Offshore Subcategory of the Oil and Gas Extraction Point Source Category (40 C.F.R. Part 435, Subpart A) by operators of lease blocks located in Federal Waters of the Central and Western Portions of the Gulf of Mexico. The permit does not authorize discharges from facilities located in, or discharging to, the territorial seas of Louisiana or Texas or from facilities defined as "coastal," "onshore," or "stripper" (40 C.F.R. Part 435, Subparts C, D, and F). The permit is available at https://www.epa.gov/sites/default/files/2017- 09/documents/2017_final_gp_for_fr_091817.pdf 8. Part I.B of the permit places certain limitations on the quality and quantity of effluent discharges by Respondent. Effluent limitations, prohibitions, and monitoring requirements are listed in Table 1 of Appendix F of the permit. 9. Part I of the permit requires Respondent to sample and test its effluent and monitor compliance with permit conditions according to specific procedures in order to determine the facilities' compliance or noncompliance with the permit and applicable regulations. Part II.D of the permit requires Respondent to file with EPA certified Discharge Monitoring Reports (DMRs) of the results of monitoring, and Noncompliance Reports when appropriate. 10. A DMR file review was conducted by EPA for the monitoring period of January 1, 2023, to December 31, 2023. Docket Number: CWA-06-2023-1744 Page 2 of 4 11. Certified DMRs filed by Respondent with EPA in compliance with the permit show discharges of pollutants from the facilities that exceed the permitted effluent limitations for Whole Effluent Toxicity (WET) in Part I.B of the permit for permitted features 0745 and 0756, as specified in Attachment A which is incorporated herein by reference. 12. Each instance in which Respondent discharged pollutants to waters of the United States in amounts exceeding the effluent limitations contained in the permit is a violation of the permit and Section 301 of the Act, 33 U.S.C. 1311. 13. Each violation of the permit conditions or regulations described above is a violation of Section 301 of the Act, 33 U.S.C. 1311. SECTION 309(a)(3) COMPLIANCE ORDER 14. Based on the foregoing Findings and pursuant to the authority of Section 309(a)(3) of the Act, 33 U.S.C. 1319(a)(3), EPA hereby orders Respondent to take the following action: A. Within thirty (30) days of the effective date of this Order, Respondent shall take such steps as necessary to comply with the effluent limitation provisions of the permit. B. Within thirty (30) days of the effective date of this Order, Respondent must certify compliance with the terms and conditions of the permit for the violations in Attachment A. C. Within thirty (30) days of the effective date of this Order, Respondent shall provide EPA with a list of all mechanical, management and operational deficiencies and a narrative describing the specific actions taken to correct all violations cited in this Order. This list shall address the root cause of the deficiencies and steps to prevent future recurrences. D. Within thirty (30) days of the effective date of this Order, Respondent shall submit a report to EPA that includes any costs incurred for corrective actions taken to come into compliance and any associated costs of labor. E. In the event Respondent believes complete correction of the violations cited herein is not possible within thirty (30) days of the effective date of this Order, Respondent shall submit a comprehensive written plan for the elimination of the cited violations within the shortest possible time. Such plan shall describe in detail the specific corrective actions to be taken and why such actions are sufficient to correct the violations. The plan shall include a detailed schedule for the elimination of the violations within the shortest possible time, as well as measures to prevent similar violations from reoccurring. Any approved compliance schedule will be incorporated and reissued in a future administrative order. F. If you have questions or comments on this matter, please contact Ms. Sharon Angove of my staff, at (214) 6656472. G. Any information or correspondence submitted by Respondent to EPA under this Order shall be addressed or emailed to the following: Ms. Sharon Angove Water Enforcement Branch (ECDWE) EPA, Region 6 1201 Elm Street, Suite 500 Dallas, TX 75270 angove.sharon@epa.gov GENERAL PROVISIONS Respondent may seek federal judicial review of the Order pursuant to Chapter 7 of the Administrative Procedure Act, 5 U.S.C. 701-706 Issuance of this Section 309(a)(3) Compliance Order shall not be deemed an election by EPA to forego any administrative or judicial, civil or criminal action to seek penalties, fines, or any other relief appropriate under the Act for the violations cited herein, or other violations that become known. EPA reserves the right to seek any remedy available under the law that it deems appropriate. Failure to comply with this Section 309(a)(3) Compliance Order or the Act can result in further administrative action, or a civil judicial action initiated by the United States Department of Justice. For purposes of the identification requirement in Section 162(f)(2)(A)(ii) of the Internal Revenue Code, 26 U.S.C. 162(f)(2)(A)(ii), and 26 C.F.R. 1.162-21(b)(2), performance of Paragraph 15 is restitution, remediation, or required to come into compliance with the law. Docket Number: CWA-06-2023-1744 Page 3 of 4 This Order does not constitute a waiver or modification of the terms or conditions of Respondent's NPDES permit which remain in full force and effect. Compliance with the terms and conditions of this Order does not relieve Respondent of its obligations to comply with any applicable federal, state, or local law or regulation. The effective date of this Order is the date it is received by Respondent. Date Cheryl T. Seager, Director Enforcement and Compliance Assurance Division Docket Number: CWA-06-2023-1744 Page 4 of 4 ATTACHMENT A NPDES ID(s): GMG290128 Limit Set: - TC State: GM Major/Minor Indicator: Minor Violation Date: 01/01/2023 - 12/31/2023 Violation Type(s): Effluent Violation Environmental Protection Agency Integrated Compliance Information System (ICIS) Effluent Violations Report GMG290128 Created Date: 09/15/2010 Refresh Date: 02/14/2024 Report Version 1.5, Modified: 1/4/2017 Permittee Name: Permittee Address: Major/Minor Indicator: Compliance Track. Status: DMR Non Receipt Flag: RNC Tracking Flag: Facility Name: Facility Location: UNION OIL CO. OF CALIFORNIA 100 NORTHPARK BLVD. COVINGTON, LA 70433 Minor On On On UNION OIL CO. OF CALIFORNIA 100 NORTHPARK BLVD. COVINGTON, LA 70433 Violation Code E90 Monitoring Period End Date 12/31/2023 E90 12/31/2023 E90 12/31/2023 E90 12/31/2023 E90 12/31/2023 E90 11/30/2023 E90 10/31/2023 Monitoring Period From 10/01/2023 to 12/31/2023 From 10/01/2023 to 12/31/2023 From 10/01/2023 to 12/31/2023 From 10/01/2023 to 12/31/2023 From 10/01/2023 to 12/31/2023 From 10/01/2023 to 12/31/2023 From 10/01/2023 to 12/31/2023 Limit Set 0756-TC 0756-TC 0756-TC 0756-TC 0756-TC 0745-TC 0745-TC Primary SIC Code: Primary SIC Desc: Primary NAICS Code: Primary NAICS Desc: Cognizant Official: Cognizant Offcl. Ph.: Cog. Offcl. Email Receiving Body: 1311 Crude Petroleum And Natural Gas JOEL KOCH, GENERAL MGR OF OPERATIONS 346-201-2943 ckoc@chevron.com GULF OF MEXICO Permit Issued: Permit Effective: Permit Expired: Permit Status: 07/07/2023 07/07/2023 05/10/2028 Effective Facility Information County: Region: 06 State-Region: FRS ID: Federal Facility Ownership: Type of Ownership: 110011275789 ICIS Effluent Violations Lease Area/Block Walker Ridge-677 Walker Ridge-677 Walker Ridge-677 Walker Ridge-677 Walker Ridge-677 Walker Ridge-678 Walker Ridge-678 Parameter Mon. Loc. 51713 - Whole Effluent Toxicity [WET] - 1 Americamysis bahia (formerly Mysidopsis bTaLhPi3aE) - Low Flow Pass/Fail Survival Test 1 Static Renewal 7 Day Chronic ATLmPe6rJica- mLoywsisFlboawhiPaa(sMsy/FsaidiloSpsuirsvibvaahl iTae)st 1 Static Renewal 7 Day Chronic Menidia bTeWryPll3inEa- Pass/Fail Sub-Lethal Static 1 Renewal 7 Day Chronic Americamysis bTaWhPia6(Jfo-rPmaesrsly/FMayilsSiduobp-sLiesthbaalhSiat)atic 1 Renewal 7 Day Chronic Menidia beryllina TWP3E - Pass/Fail Sub-Lethal Static 1 Renewal 7 Day Chronic Americamysis bTaWhPia3(Efo-rmPaesrlsy/FMayisl Siduobp-sLisetbhaahl iSat)atic 1 Renewal 7 Day Chronic Americamysis bahia (formerly Mysidopsis bahia) Value Type/ Stat. Base Q2 VALUE C3 VALUE C3 VALUE C3 VALUE C3 VALUE C3 VALUE C3 VALUE Reported Value/Units 1 pass=0;fail=1 1 pass=0;fail=1 1 pass=0;fail=1 1 pass=0;fail=1 1 pass=0;fail=1 1 pass=0;fail=1 1 pass=0;fail=1 Limit Value/Units <= 51Q7123 pass=0;fail=1 <= TLCP3E pass=0;fail=1 <= TLCP36J pass=0;fail=1 <= TWCP33E pass=0;fail=1 <= TWCP36J pass=0;fail=1 <= TWCP33E pass=0;fail=1 <= TWCP33E pass=0;fail=1