EPA v. MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC (NATIONAL CASE)

Case summary

U.S. Environmental Protection Agency (EPA), the U.S. Department of Justice, the State of Oklahoma, the Pennsylvania Department of Environmental Protection, and the State of West Virginia announced a settlement agreement with MPLX LP (MPLX) and 11 of its subsidiaries that will strengthen air pollution controls at 20 natural gas processing plants located in Pennsylvania, Ohio, West Virginia, Kentucky, Texas and Oklahoma. The settlement addresses alleged violations of federal and state clean air laws governing the control of emissions from equipment leaks, pressure relief devices, storage tanks, truck and railcar loading, combustion devices, and process heaters. As part of the settlement, MPLX will also perform Supplemental Environmental Projects (SEPs), install equipment to control volatile organic compound (VOC) emissions from truck loading operations at two natural gas compressor stations, and pay a $925,000 penalty. ?This agreement will eliminate harmful air pollutants and create cleaner air for communities in six states,? said EPA Office of Enforcement and Compliance Assurance Assistant Administrator Susan Bodine. ?By improving air pollution control at 20 of their gas processing facilities, MPLX will reduce VOC emissions by more than 1,500 tons a year.? Under the terms of the settlement, MPLX is expected to spend approximately $2.78 million to install and operate new technologies as well as improve and expand existing control techniques that minimize VOC emissions at its natural gas processing plants. Certain provisions of the consent decree also include measures to ensure MPLX?s compliance with nitrogen oxide (NOx) emission limits applicable to process heaters at MPLX?s facilities. In addition, MPLX will implement a mitigation project to reduce VOC emissions at two natural gas compressor stations in Pennsylvania and Ohio, respectively, through the installation of new technology to capture and control VOC emissions during truck loading operations, which is expected to cost at least $700,000. MPLX will also implement SEPs involving the installation and operation of ambient air monitoring stations adjacent to four natural gas processing plants located in Pennsylvania, West Virginia, Kentucky, and Texas, respectively, at a cost of $2.5 million. Finally, MPLX will implement a SEP involving the study of the effectiveness of computer predictive modeling of fugitive leaks as a potential emission reduction tool, at a cost of $75,000. VOCs include a variety of chemicals that may produce adverse health effects such as eye, nose, and throat irritation, headaches, nausea, and damage to the liver, kidney, and the central nervous system. VOCs also contribute to the formation of ground level ozone, which is not emitted directly into the air, but is created by chemical reactions between NOx and VOCs in the presence of sunlight. Breathing ozone can trigger a variety of health problems, particularly for children, the elderly, and anyone with lung diseases such as asthma. Ground level ozone can also have harmful effects on sensitive vegetation and ecosystems. Besides ground level ozone, NOx emissions also contribute to acid rain, particulate matter, water quality deterioration, and visual impairment. The consent decree has been lodged with the U.S. District Court for the Northern District of Ohio and is subject to public comment for a period of at least 30 days. Notice of the lodging of the consent decree will appear in the Federal Register allowing for a 30-day public comment period before the consent decree can be entered by the court as final judgment.

Defendants (1)

• MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLCNamed in complaintNamed in settlement

Facilities (16)

• MARK WEST APPALACHIA, L.L.C. KENOVA FACILITY

  50 BIG SANDY ROAD, KENOVA, WV, 25530-9669

  Registry ID: 110000560330

• MARKWEST LIBERTY BLUESTONE LLC/BLUESTONE GAS PROC PLT

  440 HARTMANN RD, EVANS CITY, PA, 16033-3212

  Registry ID: 110046385309

• MARKWEST LIBERTY MIDSTREAM & RESOURCES, L.L.C., SHERWOOD

  218 SWISHER LANE, WEST UNION, WV, 26456

  Registry ID: 110071723086

• MARKWEST ENERGY APPALACHIA, LLC, COBB CS

  STATE ROUTE 4, CLENDENIN, WV, 25045

  Registry ID: 110020046485

• MARKWEST LIBERTY MIDSTREAM & RESOURCES/HOUSTON GAS PLT

  800 WESTERN AVE, WASHINGTON, PA, 15301-8655

  Registry ID: 110046247138

• MARKWEST ENERGY APPALACHIA, LLC, COBB CS

  STATE ROUTE 4, CLENDENIN, WV, 25045

  Registry ID: 110020046485

• MARKWEST LIBERTY MIDSTREAM & RESOURCES/HOUSTON GAS PLT

  800 WESTERN AVE, WASHINGTON, PA, 15301-8655

  Registry ID: 110046247138

• MARKWEST LIBERTY BLUESTONE LLC/BLUESTONE GAS PROC PLT

  440 HARTMANN RD, EVANS CITY, PA, 16033-3212

  Registry ID: 110046385309

• MARKWEST LIBERTY COBB

  130 ELK RIVER ROAD NORTH, CLENDENIN, WV, 25045

  Registry ID: 110070517070

• MARKWEST SHERWOOD GAS PLANT

  218 SWISHER LANE, WEST UNION, WV, 26456

  Registry ID: 110054628159

• MARKWEST LIBERTY MIDSTREAM & RESOURCES LLC - MAJORSVILLE NATURAL GAS PLANT

  1700 MAJORSVILLE RD, DALLAS, WV, 26456

  Registry ID: 110063225022

• MARKWEST LIBERTY MIDSTREAM & RESOURCES/HOUSTON GAS PLT

  800 WESTERN AVE, WASHINGTON, PA, 15301-8655

  Registry ID: 110046247138

• MARKWEST LIBERTY MIDSTREAM & RESOURCES LLC, MOBLEY

  14624 N.FORK RD, SMITHFIELD, WV, 26437

  Registry ID: 110063226986

• MARKWEST HYDROCARBON, L.L.C., KENOVA FACILITY

  2010 BIG SANDY ROAD, KENOVA, WV, 25530

  Registry ID: 110000560330

• MARKWEST LIBERTY MIDSTREAM & RESOURCES/HOUSTON GAS PLT

  800 WESTERN AVE, WASHINGTON, PA, 15301-8655

  Registry ID: 110046247138

• …and 1 more

Statutes cited

• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLC (NATIONAL CASE)entered 2019-01-08

  Primary law: CAA

  Federal penalty: $154,167 · State/local: $231,249

Timeline (5 milestones)

• 2016-09-30Referred To Dept Of Justice
• 2016-10-05Enforcement Action Data Entered
• 2018-11-01Final Order Lodged
• 2018-11-01Complaint Filed With Court
• 2019-01-08Final Order Entered