EPA Response to Enbridge Spill in Michigan

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EPA Response to Enbridge Spill in Michigan

EPA's Response to the Enbridge Oil Spill

Response History

Enbridge Energy Partners LLP (Enbridge) reported a 30-inch pipeline ruptured on Monday, July 26, 2010, near Marshall, Michigan. The release, estimated at 843,000 gallons, entered Talmadge Creek and flowed into the Kalamazoo River, a Lake Michigan tributary. Heavy rains caused the river to overtop existing dams and carried oil 35 miles downstream on the Kalamazoo River.

As the federal agency in charge of the response to the spill, EPA assumed a leadership role in the Unified Command and mobilized an Incident Management Team made up of federal, state and local agencies.

On July 27, the day after the spill was reported, EPA issued a legal order under the authority of the Clean Water Act directing Enbridge to conduct removal actions. EPA also ordered the company to produce documents and information relevant to EPA's investigation into the source, extent and nature of the oil spill.

On July 28, 2010, the spill was contained approximately 80 river miles from Lake Michigan.

June 8, 2015 – The U.S. Department of Justice has lodged a proposed consent decree on behalf of federal, state and tribal natural resource trustees to resolve natural resource damage claims arising from the Enbridge pipeline oil spill that occurred near Marshall, Mich., in 2010. The U.S. Environmental Protection Agency is not party to this settlement. The consent decree expressly reserves the federal government's right to seek penalties and injunctive relief for violations of the Clean Water Act in connection with the oil spill. The Department of Justice and EPA are currently negotiating with Enbridge to resolve those Clean Water Act claims.

Fish & Wildlife Service News Release: Enbridge Must Restore Environment Injured by 2010 Kalamazoo River Oil Spill

EPA transition to MDEQ

In the fall of 2014, Enbridge completed its remaining obligations to the 2013 EPA Order that directed specific sub-oil and sediment removal criteria pursuant to EPA authority. The final portion of this work, the sediment removal by dredging at Morrow Lake and the Delta, was completed in October 2014. Upon completion of this dredging activity, and based on successful completion of the other work requirements of the 2013 Order, EPA determined that Enbridge has completed all of the prescribed actions, and has now transitioned the site to the Michigan Department of Environmental Quality.

EPA issued a letter to MDEQ in August 2014 that outlined EPA's intent to transition the site to the state agency once the dredge work under the 2013 Order was completed. EPA demobilized from the site in early November 2014.

MDEQ is now the active Site lead agency and is coordinating with the affected stakeholders. Any questions can be directed to the
MDEQ Environmental Assistance Center at 1-800-662-9278.