EPA v. ANGEL ROSE ENERGY, LLC

Case summary

3/7/14 - CEASE INJECTION ORDER. CONSTRUCTION REQUIREMENTS FOUND IN THE UIC PERMIT PROVIDE IN PART THAT INJECTION MAY NOT COMMENCE UNTIL PERMITTEE HAS FILED NOTICE OF COMPLETION FORM 7520-10; THE WELL HAS BEEN SHOWN TO HAVE MECHANICAL INTEGRITY IN ACCORDANCE WITH 40 CFR 146.8; AND PERMITTEE HAS RECEIVED WRITTEN NOTICE FROM THE DIRECTOR THAT SUCH DEMONSTRATION IS SATISFACTORY. EPA FILES REVEALED THAT THE NOTICE OF COMPLETION FOR THE SUBJECT WELL,WAS NEVER SUBMITTED TO EPA; RESPONDENT NEVER DEMONSTRATED TO EPA THAT THE WELL HAS MECHANICAL INTEGRITY IN ACCORDANCE WITH 40 CFR 146.8; NOR DID THE DIRECTOR PROVIDE WRITTEN NOTICE TO THE RESPONDENT OF A SATISFACTORY DEMONSTRATION OF MECHANICAL INTEGRITY. ROUTINE INSPECTIONS ON APR 14, 2011 AND NOV 19, 2012, FOUND THE SUBJECT WELL TO BE ACTIVE. THEREFORE, RESPONDENT IS IN VIOLATION OF PART C OF THE SDWA AND PERMIT CONDITIONS AT 40 CFR 144.51(a) FOR FAILING TO SUBMIT FORM 7520-10; FOR FAILING TO DEMONSTRATE TO EPA THAT THE WELL HAS MECHANICAL INTEGRITY IN ACCORDANCE WITH 40 CFR 146.8; AND FOR COMMENCING INJECTION WITHOUT FIRST OBTAINING WRITTEN APPROVAL. OPERATING REQUIREMENTS FOUND IN THE PERMIT STATE THAT THE MAX ALLOWABLE INJECTION PRESSURE MEASURED AT THE WELLHEAD SHALL NOT EXCEED 450 POUNDS PER SQUARE INCH (PSIG) AND THAT INJECTING AT A PRESSURE WHICH INITIATES OR PROPAGATES FRACTURES INTO THE CONFINING ZONE OR CAUSES THE MOVEMENTS OF INJECTION OR FORMATION FLUIDS INTO AN UNDERGROUND SOURCE OF DRINKING WATER IS PROHIBITED. DURING THE ROUTINE INSPECTION CONDUCTED ON APR 14, 2011, THE INSPECTOR OBSERVED THAT THE GAUGE READING ON THE INJECTION TUBING WAS 980 PSIG. INSPECTOR ALSO NOTED THAT GAUGE READING ON INJECTION PUMP SHOWED THE PUMP WAS SET AT 980 PSIG. RESPONDENT IS IN VIOLATION OF 40 CFR 144.51(a) THE PERMIT AND SDWA FOR EXCEEDING THE MAX INJECTION PRESSURE LIMITATION ESTABLISHED BY THE PERMIT FOR THE WELL; THAT WAS INTENDED TO PREVENT FRACTURES INTO THE CONFINING ZONE AND TO PREVENT MOVEMENT OF INJECTION OR FORMATION FLUIDS INTO AN UNDERGROUND SOURCE OF DRINKING WATER. MONITORING REQUIREMENTS FOUND IN THE PERMIT REQUIRE THE PERMITTEE TO WEEKLY MONITOR THE INJECTION AND ANNULUS PRESSURES AT THE WELLHEAD, THE FLOW RATE, AND TO MONTHLY MONITOR THE CUMULATIVE VOLUME OF THE INJECTED FLUID. THE PERMIT CONTAINS THE REQUIREMENTS TO SUBMIT THE RESULTS OF ALL MONITORING TO EPA BY JAN 31 OF THE SUBSEQUENT YEAR. EPA RECORDS INDICATE THAT RESPONDENT NEVER SUBMITTED THE REQUIRED MONITORING REPORTS.RESPONDENT IS IN VIOLATION OF 40 CFR 144.51(a), THE PERMIT AND THE SDWA FOR FAILURE TO SUBMIT ANNUAL MONITORING REPORTS. THE PERMIT REQUIRES THE PERMITTEE TO CONDUCT INJECTION FLUID ANALYSIS AT LEAST ONCE EVERY 12 MONTHS, BEGINNING WITHIN 12 MONTHS OF THE PERMIT EFFECTIVE DATE AND WHENEVER CHANGES ARE MADE TO THE INJECTION FLUID. THE ANALYSIS SHALL INCLUDE OXYGEN, NITROGEN AND CARBON DIOXIDE, AMONG OTHER SPECIFICATIONS OF THE PERMIT FOR THE WELL. THE PERMIT REQUIRES THE RESULTS OF THESE INJECTION FLUID ANALYSES TO BE SUBMITTED ANNUALLY TO EPA. EPA RECORDS INDICATE THAT RESPONDENT HAS NEVER SUBMITTED THE REQUIRED FLUID ANALYSES.RESPONDENT IS IN VIOLATION OF 40 CFR 144.51(a), THE PERMIT AND THE SDWA FOR FAILURE TO SUBMIT RESULTS OF INJECTION FLUID ANALYSES. ORDER REQUIRES: IMMEDIATELY CEASE INJECTION INTO THE SUBJECT WELL AND REMOVE THE INJECTION LINE PURSUANT TO THE REG AT 40 CFR 144.51(a) AND THE PERMIT WHICH PROHIBITS THE COMMENCEMENT OF INJECTION UNTIL CONSTRUCTION REQUIREMENTS ARE MET AND THE MECHANICAL INTEGRITY OF THE SUBJECT WELL HAS BEEN DEMONSTRATED TO TEH SATISFACTION OF EPA. ADDITIONALLY, RESPONDENT IS ORDERED TO CEASE INJECTION FOR EXCEEDING THE PERMITTED INJECTION PRESSURE LIMITATION ESTABLISHED FOR THE SUBJECT WELL WHICH WAS INTENDED TO PREVENT FRACTURES INTO CONFINING ZONE AND PREVENT MOVEMENT OF INJECTION OR FORMATION FLUIDS INTO AN UNDERGROUND SOURCE OF DRINKING WATER. RESPONDENT MAY NOT RECOMMENCE INJECTION W/OUT OBTAINING WRITTEN PERMISSION FROM EPA

Defendants (1)

• ANGEL ROSE ENERGY, LLC (SB)Named in settlement

Facilities (1)

• EMBERTON & PEDEN #1 UIC WELL

  LAT/LONG: 37.06051 / -85.84484, GLASGOW, KY, 42141

  Registry ID: 110058294876

Statutes cited

• SDWA 1422/1423 — UIC Regulations Classes I - V

Enforcement conclusions (1)

• ANGEL ROSE ENERGY, LLCentered 2014-03-07

  Primary law: SDWA

Timeline (2 milestones)

• 2014-03-07Final Order Issued
• 2014-03-27Enforcement Action Data Entered