EPA v. XTO Energy, Inc.

Case summary

On __10/24_, 2024, DOJ lodged a Consent Decree (Civil Action No.______) between co-plaintiffs EPA and PADEP, and defendant XTO Energy, Inc. (XTO) in the federal district court for the Western District of Pennsylvania. The Consent Decree resolves alleged violations of the CAA and federal NSPS regulations at multiple XTO oil and natural gas production facilities located in Butler County, Pennsylvania. Under the proposed Consent Decree, XTO will perform injunctive relief to assure compliance at twenty-seven of its Pennsylvania oil and natural gas production facilities, conduct limited field surveys at three of its smaller facilities, and both pay civil penalties and mitigate the environmental harm for its past non-compliance. The Complaint, which will be filed concurrently with the Consent Decree, alleges that XTO violated Title V of the CAA and/or NSPS Subpart OOOO/OOOOa regulations at eleven of its Pennsylvania oil and natural gas production facilities. Under the proposed Consent Decree, XTO will pay $4 million in civil penalties (split equally between the US and PADEP) for its past non-compliance. The settlement further requires XTO to set aside at least $1.4 million for the permanent plugging and restoration of priority orphan wells in or around Butler County, Pennsylvania, endeavored to be completed by no later than December 31, 2027. Assuming an approximate average cost of $125,000 per well (based on XTO preliminary estimates), a reduction of approximately 643 tons of VOC and 1080 tons of methane (or 30,250 tons expressed in carbon dioxide equivalent, CO2e) is expected over a period of twenty years. These projections bring this case well within the Mitigating Climate Change National Enforcement and Compliance Initiative for FY 2024-2027. These sites are not located in any areas of potential EJ concern

Defendants (1)

• XTO Energy, Inc.Named in complaintNamed in settlement

Facilities (40)

• AK STEEL A

  236 SCHAFFNER RD, BUTLER, PA, 16001

  Registry ID: 110070672270

• STEIN

  123 STEIN RD, BUTLER, PA, 16001

  Registry ID: 110070386039

• STEIN

  123 STEIN RD, BUTLER, PA, 16001

  Registry ID: 110070386039

• LESNY

  647 NEW CASTLE RD, BUTLER, PA, 16001

  Registry ID: 110070386038

• LANDGRAF

  130 LANDGRAF RD, FENELTON, PA, 16034

  Registry ID: 110070507193

• MOURER

  139 GARING RD, CHICORA, PA, 16025

  Registry ID: 110070386030

• AK STEEL D

  367 MCCALMONT RD, RENFREW, PA, 16053-9635

  Registry ID: 110070386230

• XTO ENERGY KYNE WELL PAD/BUTLER

  101 EISLER LN, BUTLER, PA, 16001

  Registry ID: 110070386292

• DREHER WELL PAD/BUTLER

  16 KEEL LN, BUTLER, PA, 16002

  Registry ID: 110070386050

• CRATTY

  170 ELECTION HOUSE RD, BUTLER, PA, 16001

  Registry ID: 110070672279

• ISSACS

  146 HEINZ RD, BUTLER, PA, 16001

  Registry ID: 110070672170

• MOUNTAIN GATHERING

  200 HICKS RD, RENFREW, PA, 16053

  Registry ID: 110070386122

• ANGERT

  440 CHICORA FENELTON RD, CHICORA, PA, 16025

  Registry ID: 110070507380

• LANDGRAF

  130 LANDGRAF RD, FENELTON, PA, 16034

  Registry ID: 110070507193

• XTO ENERGY INC/AK STEEL B

  265 SAWMILL RUN RD, BUTLER, PA, 16001-8653

  Registry ID: 110070386073

• …and 25 more

Statutes cited

• CAA 111 — New Source Performance Standards
• CAA 502 — Operating Permits (Title V)

Enforcement conclusions (1)

• XTO Energy, Inc.entered 2024-12-13

  Primary law: CAA

  Federal penalty: $2,000,000 · State/local: $2,000,000

Timeline (6 milestones)

• 2023-06-09Referred To Dept Of Justice
• 2023-08-30Enforcement Action Data Entered
• 2024-10-24Final Order Lodged
• 2024-10-24Complaint Filed With Court
• 2024-12-13Final Order Entered
• 2024-12-13Concluded