EPA v. ANGEL ROSE ENERGY, LLC

Case summary

9/16/14 - ADMINISTRATIVE ORDER ISSUED. CONSTRUCTION REQUIREMENTS OF THE UIC PERMIT PROVIDE THAT INJECTION MAY NOT COMMENCE UNTIL THE PERMITTEE HAS FILED THE NOTICE OF COMPLETION FORM 7520-10; THE WELL HAS BEEN SHOWN TO HAVE MECHANICAL INTEGRITY; RESPONDENT HAS SUBMITTED LOGS, TESTS, AND REPORTS AS REQUIRED BY PERMIT -- NONE OF WHICH HAS BEEN COMPLETED. ROUTINE INSPECTION BY THE EPA-AUTHORIZED INSPECTOR ON APR 14, 2011 AND NOV 19, 2012 FOUND THE WELL TO BE ACTIVE. RESPONDENT IS IN VIOLATION OF THE SDWA AND 40 CFR 144.51(a). OPERATING REQUIREMENTS FOUND IN THE PERMIT STATE THAT THE MAX ALLOWABLE PRESSURE MEASURED AT THE WELLHEAD SHALL NOT EXCEED 450 POUND PER SQUARE INCH (psig). DURING THE ROUTINE INSPECTION CONDUCTED ON APR 14, 2011, IT WSA OBSERVED THAT THE GAUGE READING ON THE INJECTION TUBING WAS 980 psig. THE INSPECTOR ALSO NOTED THAT THE GAUGE READING ON THE INJECTION PUMP SHOWED THAT THE PUMP WAS SET AT 980 psig. RESPONDENT IS IN VIOLATION OF THE SDWA AND 40 CFR 144.51(a) AND 146.23(a)(1) AND THE UIC PERMIT FOR EXCEEDING THE MAXIMUM INJECTION PRESSURE LIMITATION ESTABLISHED FOR THE UIC PERMIT FOR THE SUBJECT 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 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 AND SUBMIT THE RESULTS TO EPA BY JAN 31 OF THE SUBSEQUENT YEAR. RESPONDENT NEVER SUBMITTED THE REQUIRED MONITORING REPORTS. RESPONDENT IS IN VIOLATION OF THE SDWA, 40 CFR 144.51(a) AND THE PERMIT. THE PERMIT REQUIRES THE PERMITTEE TO CONDUCT INJECTION FLUID ANALYSIS AT LEASE ONCE EVERY 12 MONTHS, BEGINNING WITH 12 MONTHS OF THE PERMIT EFFECTIVE DATE AND WHENEVER CHANGES ARE MADE TO THE INJECTION FLUID AND SUBMIT THESE ANALYSES ANNUALLY TO EPA. THE ANALYSES WERE NEVER SUBMITTED TO EPA. ON MAR 11, 2014 EPA SENT A CEASE INJECTION ORDER. RESPONDENT DID NOT RESPOND TO THE ORDER. ON MAY 8, 2014, RESPONDENT PARTICPATED IN A SHOW CAUSE HEARING. ON JUNE 19, 2014, EPA MAILED A PROPOSED CA/FO TO RESPONDENT DETAILING THE ALLEGED VIOLATIONS. RESPONDENT HAS NOT RETURNED A SIGNED COPY NOR CONTACTED EPA. ORDER: WITHIN 60 DAYS RESPONDENT IS ORDER TO: A. SUCCESSFULLY DEMONSTRATED THE MECHANICAL INTEGRITY OR CLOSE, PLUG AND ABANDON THE WELL. B. PROVIDE EPA WITH ANNUAL MONITORING REPORTS FOR THE PERIOD BEGINNING FROM THE EFFECTIVE DATE OF THE PERMIT: DEC 21, 2010 THRU DEC 31, 2013. C. FURNISH EPA WITH THE NOTICE OF COMPLETION FORM 7520-10. D. RESPONDENT SHALL REQUEST PERMISSION FROM EPA IN WRITING PRIOR TO RE-COMMENCING INJECTION AND MAY NOT COMMENCE INJECTION UNTIL RECEIVING SUCH PERMISSION.

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 2014-09-16

  Primary law: SDWA

Timeline (2 milestones)

• 2014-09-16Final Order Issued
• 2014-09-20Enforcement Action Data Entered