Enbridge spokesman Larry Springer declined to speculate on the amount of the fine. But according to the company’s filing with the Securities and Exchange Commission last year, Enbridge expects it will be at least $22 million.
"Discussions are ongoing with the relevant government agencies, and it is premature to discuss negotiations at this time," Springer said.
A spokesman for the EPA said the agency would not comment on the fine.
Under provisions of the Clean Water Act, Enbridge could be fined as much as $4,300 for each barrel of oil it spilled into the river. At one point, EPA estimates indicated that 1,148,229 gallons—or about 27,000 barrels—of oil had been spilled. The agency’s website now says approximately 843,000 gallons were spilled, putting the maximum fine at about $86 million.
The spill presented a unique cleanup challenge, because 6B was carrying bitumen, a thick crude oil mined from Canada's tar sands region that is thinned with a cocktail of liquid chemicals to form diluted bitumen, or dilbit. As the chemicals evaporated, the bitumen sank to the river bottom in sticky, marble-sized globs. That meant that conventional cleanup measures designed to clean up oil floating on the surface of the water no longer worked. Enbridge has already spent $1.2 billion on the cleanup.