EPA v. ATLAS RESOURCES, LLC (CROWDEN # 10H WELL PAD)

Case summary

THE REGIONAL JUDICIAL OFFICER ISSUED A FINAL ORDER ON SEPTEMBER 25, 2012, ACCEPTING THE CONSENT AGREEMENT TO COMMENCE AND SETTLE VIOLATIONS OF CAA SECTION 112(r)(1) AND EPCRA SECTIONS 311 AND 312 IN CONNECTION WITH A NATURAL GAS PRODUCTION FACILITY OPERATED BY ATLAS RESOURCES, LLC LOCATED ON FOX ROAD IN AVELLA, WASHINGTON COUNTY, PENNSYLVANIA. EPA ALLEGES THAT ATLAS FAILED TO DESIGN AND MAINTAIN A FACILITY IN ACCORDANCE WITH INDUSTRY CODES AND STANDARDS TO ADDRESS THE HAZARDS POSED BY THE STORAGE AND HANDLING FLAMMABLE HYDROCARBON CONDENSATE, AND FAILED TO MINIMIZE THE CONSEQUENCES OF ACCIDENTAL RELEASES THAT MAY OCCUR. IN ADDITION, EPA CONTENDED THAT RESPONDENT VIOLATED SECTIONS 311 AND 312 OF EPCRA BY FAILING TO (1) SUBMIT MATERIAL SAFETY DATA SHEETS TO THE STATE EMERGENCY RESPONSE COMMISSION ( SERC ), LOCAL EMERGENCY PLANNING COMMITTEE ( LEPC ) AND LOCAL FIRE DEPARTMENTS FOR ALL HAZARDOUS CHEMICALS PRESENT AT THE FACILITY IN AMOUNTS GREATER THAN REPORTING THRESHOLDS; AND (2)SUBMIT EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORMS OCNTAINING TIER I AND TIER II INFORMATION TO THE SERC, THE LEPC, AND THE LOCAL FIRE DEPARMTENT FOR CALENDAR YEARS 2008-2009. IN SETTLEMENT, ATLAS HAS AGREED TO PAY A CASH PENALTY. PURSUANT OT A SEPARATE ADMINISTRATIVE SETTLEMENT AGREEMENT AND ORDER ON CONSENT, ATLAS HAS AGREED TO CONDUCT AN AUDIT OF APPLICABLE INDUSTRY STANDARDS AND GUIDANCE IN ORDER TO DETERMINE WHETHER ITS PRACTICES, TECHNOLOGY AND EQUIPMENT AT THE FACILITY ARE IN COMPLIANCE, AND TO MAKE APPROPRIATE CHANGES. PENDING COMPLETION OF THE ORDER, ATLAS HAS SHUT IN THE NATURAL GAS EXTRACTION WELLS AT THE FACILITY.

Defendants (1)

• ATLAS RESOURCE, LLCNamed in complaintNamed in settlement

Facilities (1)

• ATLAS COWDEN WELL PADS 6, 10, 16

  1-41 FOX ROAD, AVELLA, PA, 15312

  Registry ID: 110044236742

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• EPCRA 311 — Material Safety Data Sheets (MSDS)
• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause
• CAA 112R — General Duty/Accidental Release

Enforcement conclusions (1)

• ATLAS RESOURCES, LLC (CROWDEN # 10H WELL PAD)entered 2012-09-25

  Primary law: CAA

  Federal penalty: $84,506

Timeline (3 milestones)

• 2012-09-25Complaint Filed/Proposed Order
• 2012-09-25Final Order Issued
• 2012-09-27Enforcement Action Data Entered