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ENVIRONMENTAL LIABILITIES AND EXPENDITURES
12 Months Ended
Dec. 31, 2017
ENVIRONMENTAL LIABILITIES AND EXPENDITURES  
ENVIRONMENTAL LIABILITIES AND EXPENDITURES

 

NOTE 8     ENVIRONMENTAL LIABILITIES AND EXPENDITURES

 

Occidental’s operations are subject to stringent federal, state, local and foreign laws and regulations related to improving or maintaining environmental quality.

 

The laws that require or address environmental remediation, including CERCLA and similar federal, state, local and foreign laws, may apply retroactively and regardless of fault, the legality of the original activities or the current ownership or control of sites. OPC or certain of its subsidiaries participate in or actively monitor a range of remedial activities and government or private proceedings under these laws with respect to alleged past practices at operating, closed and third-party sites. Remedial activities may include one or more of the following: investigation involving sampling, modeling, risk assessment or monitoring; cleanup measures including removal, treatment or disposal; or operation and maintenance of remedial systems. The environmental proceedings seek funding or performance of remediation and, in some cases, compensation for alleged property damage, punitive damages, civil penalties, injunctive relief and government oversight costs.

 

ENVIRONMENTAL REMEDIATION

 

As of December 31, 2017, Occidental participated in or monitored remedial activities or proceedings at 148 sites. The following table presents Occidental’s current and non-current environmental remediation reserves as of December 31, 2017, 2016 and 2015, the current portion of which is included in accrued liabilities ($137 million in 2017, $131 million in 2016, and $70 million in 2015) and the remainder in deferred credits and other liabilities — environmental remediation reserves ($728 million in 2017, $739 million in 2016, and $316 million in 2015). The reserves are grouped as environmental remediation sites listed or proposed for listing by the U.S. Environmental Protection Agency on the CERCLA NPL sites and three categories of non-NPL sites — third-party sites, Occidental-operated sites and closed or non-operated Occidental sites.

 

($ amounts in millions)

 

2017

 

2016

 

2015

 

 

 

Number of
Sites

 

Reserve
Balance

 

Number of
Sites

 

Reserve
Balance

 

Number of
Sites

 

Reserve
Balance

 

NPL sites

 

34

 

$

457

 

33

 

$

461

 

34

 

$

27

 

Third-party sites

 

70

 

157

 

68

 

163

 

66

 

128

 

Occidental-operated sites

 

15

 

108

 

17

 

106

 

18

 

107

 

Closed or non-operated Occidental sites

 

29

 

143

 

29

 

140

 

31

 

124

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Total

 

148

 

$

865

 

147

 

$

870

 

149

 

$

386

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

As of December 31, 2017, Occidental’s environmental reserves exceeded $10 million each at 16 of the 148 sites described above, and 89 of the sites had reserves from $0 to $1 million each.

 

As of December 31, 2017, three sites — the Diamond Alkali Superfund Site and a former chemical plant in Ohio (both of which are indemnified by Maxus Energy Corporation, as discussed further below), and a landfill in Western New York - accounted for 95 percent of its reserves associated with NPL sites. The reserve balance above includes 17 NPL sites indemnified by Maxus.

 

Five of the 70 third-party sites — a Maxus-indemnified chrome site in New Jersey, a former copper mining and smelting operation in Tennessee, an active plant outside of the United States, a sediment site in Louisiana and an active refinery in Louisiana where Occidental reimburses the current owner for certain remediation activities accounted for 60 percent of Occidental’s reserves associated with these sites. The reserve balance above includes 9 third-party sites indemnified by Maxus.

 

Three sites — chemical plants in Kansas, Louisiana and Texas accounted for 49 percent of the reserves associated with the Occidental-operated sites.

 

Five other sites — a landfill in Western New York, former chemical plants in Tennessee, Washington and California, and a closed coal mine in Pennsylvania accounted for 62 percent of the reserves associated with closed or non-operated Occidental sites.

 

Environmental reserves vary over time depending on factors such as acquisitions or dispositions, identification of additional sites and remedy selection and implementation.

 

Based on current estimates, Occidental expects to expend funds corresponding to approximately 40 percent of the current environmental reserves at the sites described above over the next three to four years and the balance at these sites over the subsequent 10 or more years. Occidental believes its range of reasonably possible additional losses beyond those liabilities recorded for environmental remediation at all of its environmental sites could be up to $1.1 billion.

 

Maxus Environmental Sites

 

When Occidental acquired Diamond Shamrock Chemicals Company (DSCC) in 1986, Maxus Energy Corporation (Maxus), a subsidiary of YPF S.A. (YPF), agreed to indemnify Occidental for a number of environmental sites, including the Diamond Alkali Superfund Site (Site) along a portion of the Passaic River. On June 17, 2016, Maxus and several affiliated companies filed for Chapter 11 bankruptcy in Federal District Court in the State of Delaware. Prior to filing for bankruptcy, Maxus defended and indemnified Occidental in connection with clean-up and other costs associated with the sites subject to the indemnity, including the Site.

 

In March 2016, the EPA issued a Record of Decision (ROD) specifying remedial actions required for the lower 8.3 miles of the Lower Passaic River. The ROD does not address any potential remedial action for the upper nine miles of the Lower Passaic River or Newark Bay. During the third quarter of 2016, and following Maxus’s bankruptcy filing, Occidental and the EPA entered into an Administrative Order on Consent (AOC) to complete the design of the proposed clean-up plan outlined in the ROD at an estimated cost of $165 million. The EPA announced that it will pursue similar agreements with other potentially responsible parties.

 

Occidental has accrued a reserve relating to its estimated allocable share of the costs to perform the design and the remediation called for in the AOC and the ROD, as well as for certain other Maxus-indemnified sites. Occidental’s accrued estimated environmental reserve does not consider any recoveries for indemnified costs. Occidental’s ultimate share of this liability may be higher or lower than the reserved amount, and is subject to final design plans and the resolution of Occidental’s allocable share with other potentially responsible parties. Occidental continues to evaluate the costs to be incurred to comply with the AOC, the ROD and to perform remediation at other Maxus-indemnified sites in light of the Maxus bankruptcy and the share of ultimate liability of other potentially responsible parties.

 

In June 2017, the court overseeing the Maxus bankruptcy approved a Plan of Liquidation (Plan) to liquidate Maxus and create a trust to pursue claims against YPF, Repsol and others to satisfy claims by Occidental and other creditors for past and future cleanup and other costs. In July 2017, the court-approved Plan became final and the trust became effective. Among other responsibilities, the trust will pursue claims against YPF, Repsol and others and distribute assets to Maxus’ creditors in accordance with the trust agreement and Plan.

 

ENVIRONMENTAL COSTS

 

Occidental’s environmental costs, some of which include estimates, are presented below for each segment for each of the years ended December 31:

 

(in millions)

 

2017

 

2016

 

2015

 

Operating Expenses

 

 

 

 

 

 

 

Oil and Gas

 

$

68

 

$

65

 

$

93

 

Chemical

 

78

 

75

 

74

 

Midstream and Marketing

 

15

 

11

 

13

 

 

 

 

 

 

 

 

 

 

 

$

161

 

$

151

 

$

180

 

 

 

 

 

 

 

 

 

 

 

 

Capital Expenditures

 

 

 

 

 

 

 

Oil and Gas

 

$

77

 

$

43

 

$

122

 

Chemical

 

18

 

25

 

41

 

Midstream and Marketing

 

6

 

5

 

4

 

 

 

 

 

 

 

 

 

 

 

$

101

 

$

73

 

$

167

 

 

 

 

 

 

 

 

 

 

 

 

Remediation Expenses

 

 

 

 

 

 

 

Corporate

 

$

39

 

$

61

 

$

117

 

 

 

 

 

 

 

 

 

 

 

 

 

Operating expenses are incurred on a continual basis. Capital expenditures relate to longer-lived improvements in properties currently operated by Occidental. Remediation expenses relate to existing conditions from past operations.