In response to several requests from the Ute Mountain Ute (UMU) Tribe's Environmental Program, the OPA Enforcement Unit in collaboration with the Emergency Response Program, RCRA and UIC inspected various oil production facilities on Ute Mountain Ute Reservation on November 6-9, 2018. the objectives of the inspection are: 1) to conduct a follow-up SPCC inspection; 2) to evaluate how EPA authorities including OPA to prevent/mitigate/remediate chronic crude oil spills and oil contaminated soil disposal area on the Reservation; 3) to determine whether the Eagle's Nest Arroyo and its tributaries are the Waters of the U.S.
Many of the issues of concern were related to aging (1950's) infrastructure of oil field and equipment. Crude oil leaking from corroded pipelines into an in-named ephemeral drainage, which flows approximately 0.5 mile west to the Eagles Nest Arroyos and ultimately runs SW approximately 8 miles into the San Juan River, near Shiprock, New Mexico.
In addition, the Tribe expressed their concern about lack of involvement from EPA to address the existing oil releases, driven in part by a lack of clarification regarding the waters of US status of arid waters in the Eagles Nest Arroyos.
On January 23, 2018, the U.S. Army Corps of Engineers approved the Eagles Nest Arroyos as the waters of the U.S., as defined by 33 CFR Part 328 - CWA Section 404 Determination of Jurisdiction.
