EPA v. CUNNINGHAM ENERGY, LLC

Case summary

On May 26, 2023, EPA, Region 3 entered into an Administrative Order on Consent ( Consent Order ) with Cunningham Energy, LLC ( Cunningham ) alleging violations of the CAA and the West Virginia State Implementation Plan (WVSIP) at its oil and gas well pad and tank battery facility ( Facility ) located in Bomont, WV. This enforcement action furthers the CAA's goal of protecting and enhancing air quality and supports the National Compliance Initiative for Creating Cleaner Air Communities. The Facility began operating in 2014 and is currently operating two well pads under WV Minor Source Operating permits. On May 6, 2016, Region 3 conducted an inspection at the Facility and found that the Facility was operating in violation of its WV Minor Source Operating Permits and Sections 110 and 111(b) (40 C.F.R. Part 60, Subpart OOOOa) of the Clean Air Act and the WVSIP. On December 2, 2021 Region 3 sent Cunningham a Notice of Violation describing the alleged violations found during the inspection. The Consent Order requires Cunningham to: (1) develop and implement a well sampling and analysis plan; (2) determine potential VOC emissions from storage vessels; (3) design and implement vapor collection and control systems; (4) install pressure monitoring gauges on storage vessels and conduct ongoing monitoring; (5) submit permit modifications; and (6) implement recordkeeping and reporting provisions. .The Consent Order also includes monitoring and reporting requirements. The Facility is not located in an area of potential EJ concern. EPA notified West Virginia Department of Environmental Protection of the action.

Defendants (1)

• CUNNINGHAM ENERGY, LLCNamed in settlement

Facilities (3)

• CUNNINGHAM ENERGY LLC, J.S. COCHRAN SITE

  SHELTON ROAD, BOMONT, WV, 25030

  Registry ID: 110070083504

• CUNNINGHAM ENERGY LLC, KING WELL SITE

  SHELTON ROAD, BOWMONT, WV, 25030

  Registry ID: 110070107055

• CUNNINGHAM ENERGY, LLC

  SHELTON ROAD, BOMONT, WV, 25030

  Registry ID: 110070083504

Statutes cited

• CAA 111 — New Source Performance Standards
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• CUNNINGHAM ENERGY, LLCentered 2023-05-26

  Primary law: CAA

Timeline (4 milestones)

• 2023-05-26Final Order Issued
• 2023-06-07Enforcement Action Data Entered
• 2024-05-26Air Resolved
• 2024-05-26Enforcement Action Closed