On February 23, 2026, the U.S. Environmental Protection Agency (“EPA”) Region 7 (which covers Nebraska, Iowa, Missouri, and Kansas) issued a unilateral administrative order (“UAO”) against Atlas Operating, LLC, following the discharge of approximately 33,600 gallons of brine production water and crude oil from a tank battery facility near Spivey, Kansas. The discharge contaminated an unnamed tributary and the Chikaskia River, with impacts observed 12 miles downstream. Under the UAO, Atlas must halt ongoing discharges, recover oil and contaminated materials, remediate affected shorelines, and properly dispose of all wastes by March 13, 2026. The action was brought under the Clean Water Act, as amended by the Oil Pollution Act.

Takeaway

This enforcement action underscores several critical compliance priorities for clients operating facilities that store, process, or transport oil and hazardous substances:

Spill Prevention Plans: Facilities should maintain robust Spill Prevention, Control, and Countermeasure (“SPCC”) plans, as required for facilities meeting certain oil storage thresholds. SPCC plans. Any facility storing more than 1,320 gallons aboveground and/or more than 42,000 gallons underground of oil in containers of 55-gallons or more with the possibility that a release of such oil could reach waters of the U.S. requires a SPCC plan. This rule applies to any oil a company may store including petroleum-based products such as diesel or gasoline; hydraulic oil; crop oil; and even vegetable oil. SPCC plans are typically required to be certified by a professional engineer (“PE”) and must be updated every five (5) years. The goal of the plan is to ensure that proper equipment and planning is in place in the event of a spill. As a result, plans frequently require that tanks have proper secondary containment and overflow prevention devices in place and other methods to contain a spill. The plans also require employee training and frequent facility inspections. A copy of the plan is to remain at the facility for reference.

Rapid Response Protocols: The EPA’s swift dispatch of an On-Scene Coordinator demonstrates the agency’s rapid enforcement. Clients should ensure they have established emergency response procedures, including clear notification and reporting protocols for the National Response Center, as required under federal law and for relevant state and local agencies.

Containment and Monitoring: Given that impacts extended 12 miles downstream, facilities near waterways should implement enhanced secondary containment and environmental monitoring systems. Early detection can significantly limit environmental damage and, correspondingly, liability exposure.

Compliance with UAOs: Unilateral administrative orders impose strict deadlines and detailed remedial requirements. Non-compliance can result in substantial penalties and potential referral for civil or criminal enforcement. Clients receiving such orders should consider engaging environmental counsel and qualified remediation contractors immediately.

This incident serves as a reminder that Clean Water Act liability is strict—focusing on whether a discharge occurred rather than fault—making proactive prevention and preparedness the most effective risk management strategies.

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