Apr 15, 2021

EPA Proposes Settlement with Arrow Midstream to Resolve Produced Water Releases on North Dakota’s Fort Berthold Indian Reservation

The proposed penalty addresses the discharge of contaminants from the Moccasin Creek and Two Shields Butte pipelines



The U.S. EPA announced a proposed Clean Water Act (CWA) settlement with Texas-based Arrow Midstream Holdings, LLC (Arrow Midstream). EPA alleges that Arrow Midstream violated Section 301 of the CWA by unintentionally releasing produced water from two pipelines into tributaries of Lake Sakakawea in 2019, reported EPA.

These incidents included a Sept. 19 to 20, 2019 release of approximately 962 barrels of produced water from the Two Shields Butte 9-8-7 Well Pad and a Sept. 28 to 30, 2019 release of approximately 3,917 barrels from the Moccasin Creek 8-26 Well Pad. 

"Due to the harm produced water spills can cause to public health and the environment, every effort must be made to prevent these spills and to clean them up promptly once they occur," said the EPA Region 8 Enforcement and Compliance Assurance Division Director Suzanne Bohan, according to EPA. “EPA is committed to ensuring compliance with Clean Water Act requirements that safeguard our rivers, lakes and streams and protect Tribes.”

The company has agreed to pay $106,500 for alleged CWA violations associated with two releases of produced water from pipelines into tributaries of Lake Sakakawea near Mandaree, North Dakota on the Fort Berthold Indian Reservation, according to EPA. 

Arrow Midstream reported the incidents to the National Response Center, according to EPA. The company worked with Mandan, Hidatsa and Arikara Nation and the Bureau of Indian Affairs to contain and clean up the releases. 

Arrow Midstream also removed the pipeline material involved in the releases from other pipelines on the Reservation, reported EPA.  

The proposed Consent Agreement is subject to a 30-day public comment period and final approval by the EPA’s Regional Judicial Officer, ending on Apr. 29. 

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