EPA v. HERMAN LOEB, LLC

Case summary

9/8/15 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $45,000. ALLEGATIONS: ON DEC 19, 1991, EPA ISSUED TO RESPONDENT 5 UIC PERMITS FOR THE SUBJECT WELLS. THE OPERATING REQUIRMENTS FOUND IN THE PERMITS ESTABLISH THE MAXIMUM WELLHEAD INJECTION PRESSURE LIMITATION FOR EACH WELL IN ACCORDANCE WITH 40 CFR 146.23(a)(1) AS MEASURED IN POUNDS PER SQUARE INCH GAUGE (PSIG). BASED ON EPA'S RECORDS AND INSPECTION REPORTS, RESPONDENT EXCEEDED THE MAXIMUM WELLHEAD INJECTION PRESSURE LIMITATIONS ESTABLISHED BY THE UIC PERMITS FOR THE FOLLOWING ACTIVE PERMITTED WELLS: TAYLOR #1-W, INSPECTION DATE 6/16/14; RECORDED PRESSURE 1,500 PSIG; PERMIT LIMIT 1,200 PSIG; TAYLOR #2-W, INSPECTION DATE 6/16/13; RECORDED PRESSURE 1,500 PSIG; PERMIT LIMIT 1,170 PSIG; TAYLOR #8-2; INSPECTION DATE 6/18/14; RECORDED PRESSURE 1,500 PSIG; PERMIT LIMIT 1,170 PSIG. THEREFORE, RESPONDENT IS IN VIOLATION, 40 CFR 146.23(a)(1) AND 144.51(a) AND THE UIC PERMITS FOR EXCEEDING THE MAXIMUM INJECTION PRESSURE LIMITATIONS ESTABLISHED FOR THE ACTIVE PERMITTED WELLS. THE PERMITS REQUIRES THE PERMITTEE TO CONDUCT AN INJECTION FLUID ANALYSIS IN ACCORDANCE WITH 40 CFR 146.23(b)(1) AT LEAST ONCE EVERY 12 MONTH AND WHENVER CHANGES ARE MADE TO THE INJECTION FLUID. THE PERMITS REQUIRE THE PERMITTEE TO ANNUALLY SUBMIT THE RESULTS OF INJECTION FLUID ANALYSES TO EPA IN ACCORDANCE WITH 40 CFR 146.23(c). INJECTION FLUID ANALYSIS RESULTS FOR THE FOLLOWING ACTIVE PERMITTED WELLS WERE NOT ANNUALLY SUBMITTED: TAYLOR #1 - LAST FLUID ANALYSIS, 11/10/10; TAYLOR #2 - LAST FLUID ANALYSIS, 11/10/10; TAYLOR#8 - LAST FLUID ANALYSIS, 11/10/10; BINFORD #8 - LAST FLUID ANALYSIS, 11/10/10; HAGAN #3-W - LAST FLUID ANALYSIS, 11/10/10. THEREFORE, RESPONDENT IS IN VIOLATION OF THE SDWA, 40 CFR 146.23(b)(1), 146.23(c) AND 144.51(a) AND THE PERMITS FOR FAILURE TO SUBMIT TO EPA ANNUAL FLUID ANALYSIS RESULTS. THE PERMITS REQUIRE THE PERMITTEE TO WEEKLY MONITOR THE INJECTION AND ANNULUS PRESSURES AT THE WELLHEAD AND TO WEEKLY MONITOR THE FLOW RATE AND CUMULATIVE VOLUME OF THE INJECTED FLUID. THE PERMIT CONTAINS THE REQUIREMENT TO SUBMIT THE RESULTS OF ALL MONITORING TO EPA ANNUALLY IN ACCORDANCE WIHT 146.23(c) BY JAN 28 OF THE SUBSEQUENT YEAR. MONITORING RESULTS FOR THE FOLLOWING WELLS WERE NOT SUBMITTED: TAYLOR #1 - LAST MONITORING REPORT, YEAR 2010; TAYLOR #2 - LAST MONITORING REPORT, YEAR 2010; TAYLOR #8 - LAST MONITORING REPORT, YEAR 2010; BINFORD #8 - LAST MONITORING REPORT, YEAR 2010; HAGAN #3-W - LAST MONITORING REPORT, YEAR 2010. THEREFORE, RESPONDENT IS IN VIOLATION OF 40 CFR 146.23(b)(2), 146.23(c), AND 144.51(a) THE UIC PERMITS AND THE SDWA FOR FAILURE TO SUBMIT ANNUAL MONITORING REPORTS TO EPA, FOR THE ACTIVE PERMITTED SUBJECT WELLS.

Defendants (1)

• HERMAN LOEB, LLC (Named in complaintNamed in settlement

Facilities (5)

• UIC WELL - TAYLOR #2 (HERMAN LOEB, LLC)

  K710510 - KYS2250209, MORGANVILLE, KY, 42437

  Registry ID: 110043721130

• UIC WELL - BINFORD #8 (HERMAN LOEB, LLC)

  KY10513, KYS2250207, MORGANVILLE, KY, 42437

  Registry ID: 110043721167

• UIC WELL - TAYLOR #8 (HERMAN LOEB, LLC)

  KY10511, KYS2250210, MORGANVILLE, KY, 42437

  Registry ID: 110043721149

• UIC WELL - TAYLOR #1 (HERMAN LOEB, LLC)

  KY10509 - KYS2250213, MORGANVILLE, KY, 42437

  Registry ID: 110043721121

• UIC WELL - HAGAN #3 (HERMAN LOEB, LLC)

  KY10514, KYS2250216, MORGANVILLE, KY, 42437

  Registry ID: 110043721158

Statutes cited

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

Enforcement conclusions (1)

• HERMAN LOEB, LLCentered 2015-09-08

  Primary law: SDWA

  Federal penalty: $45,000

Timeline (4 milestones)

• 2015-09-08Complaint Filed/Proposed Order
• 2015-09-08Final Order Issued
• 2015-09-18Enforcement Action Data Entered
• 2015-10-26Enforcement Action Closed