EPA v. TRAVIS COOMER

Case summary

4/14/16 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $6525, DUE WITHIN 60 DAYS. ALLEGATIONS: ON MAY 28, 2998, EPA ISSUED TO WADE ENERGY THE UIC PERMIT FOR THIS WELL. ON MAY 1, 2014, RESPONDENT ASSUMED OWNERSHIP AND OPERATIONAL CONTROL OF THE SUBJECT WELL AND BEGAN ACTIVELY INJECTING PRODUCED FLUIDS. THE PERMIT AND THE REGS FOUND AT 40 CFR 144.51(k)(3) STATE THAT THIS PERMIT IS NOT TRANSFERABLE TO ANY PERSON W/OUT NOTICE TO EPA. 40 CFR 144.38(b) ALLOWS THAT ANY UIC PERMIT FOR A WELL NOT INJECTING HAZARDOUS WASTE OR INJECTING CARBON DIOXIDE FOR GEOLOGIC SEQUESTRATION MAY BE AUTOMATICALLY TRANSFERRED. 40 CFR 144.38(b)(2) REQUIRES THE NEW PERMITTEE TO DEMONSTRATE THE FINANCIAL RESPONSIBILITY AND RESOURCES TO CLOSE, PLUG, AND ABANDON THE SUBJECT WELL IN AN EPA-APPROVED MANNER. RESPONDENT, AS THE NEW PERMITTEE, HAS NOT DEMONSTRATED FINANCIAL RESPONSIBILITY AND RESOURCES TO CLOSE, PLUG AND ABANDON THE SUBJECT WELL IN AN EPA-APPROVED MANNER. THEREFORE, RESPONDENT IS IN VIOLATION OF THE SDWA AND 40 CFR 144.38(b)(2) FOR FAILING TO DEMONSTRATE FINANCIAL RESPONSBILITY AND RESOURCES TO CLOSE, PLUG AND ABANDON THE SUBJECT WELL. PART II, SECTION G, PARA 3 OF THE UIC PERMIT REQUIRES THAT A DEMONSTRATION OF MECHANICAL INTEGRITY IN ACCORDANCE WITH 40 CFR 146.8 BE MADE NO LATER THAN 5 YEARS FROM THE LAST APPROVED DEMONSTRATION. A MECHANICAL INTEGRITY TEST (MIT) TO DEMONSTRATE THE MECHANICAL INTEGRITY OF THE FOLLOWING ACTIVE PERMITTED SUBJECT WELL IS OVERDUE AS SHOWN BELOW; MIT DUE: 9/9/03 MIT DONE: NOT YET THEREFORE, RESPONDENT IS IN VIOLATION OF THE SDWA AND 40 CFR 146.8 AND THE UIC PERMIT FOR FAILURE TO TIMELY DEMONSTRATE THE MECHANICAL INTEGRITY OF THE ACTIVE PERMITTED SUBJECT WELL. PART I, SECTION C, PARA 3 OF THE PERMIT REQUIRES THE PERMITTEE TO CONUDCT AN INJECTION FLUID ANALYSIS IN ACCORDANCE WITH 40 CFR 146.23(b)(1) AT LEAST ONCE EVERY 12 MONTHS AND WHENEVER CHANGES ARE MADE TO THE INJECTION FLUID. PART I, SEC D, PARA 2 OF THE PERMIT REQUIRES THE PERMITTEE TO SUBMIT THE RESULTS OF THE INJECTION FLUID ANALYSES OT EPA ANNUALLY IN ACCORDANCE WITH 40 CFR 146.23(c). BASED ON EPA'S RECORDS, INJECTION FLUID ANALYSIS RESULTS HAVE NEVER BEEN SUBMITTED. THEREFORE, RESPONDENT IS IN VIOLATION OF THE SDWA 40 CFR 146.23(b)(1) AND 146.23(c) AND THE IC PERMIT FOR FAILURE TO SUBMIT FLUID ANALYSES. PART I, SEC C, PARA 2 OF THE PERMIT AND THE REG FOUND AT 40 CFR 146.23(c)(2) REQUIRE THE PERMITTEE TO WEEKLY MONITOR THE INJECTION AND ANNULUS PRESSURES AT THE WELLHEAD, TO WEEKLY MONITOR THE FLOW RATE AND TO MONTHLY MONITOR THE CUMULATIVE VOLUME OF THE INJECTED FLUID. PART I, SEC 3, PARA 2 OF THE UIC PERMIT CONTAINS THE REQUIREMENT TO SUBMIT THE RESULTS OF ALL MONITORING TO EPA ANNUALLY IN ACCORDANCE WITH 40 CFR 146.23(c) BY JAN 28 OF THE SUBSEQUENT YEAR. MONITORING RESULTS FOR THE WELL HAVE NEVER BEEN SUBMITTED. THEREFORE, RESPONDENT IS IN VIOLATION OF THE SDWA, 40 CFR 146.23(b)(2) AND 146.23(c) AND THE PERMIT FOR FAILURE TO SUBMIT ANNUAL MONITORING REPORTS FOR THE WELL. ORDER REQUIRES: WITHIN 30 DEAYS, RESPONDENT IS ORDERED TO PROVIDE TO EPA THE TRANSFER APPLICATION SHOWING THE PERMIT TRANSFER OF THE WELL. WITHIN 30 DAYS, RESPONDENT IS ORDERED TO PROVIDE EPA WITH THE FINANCIAL RESPONSIBILITY DEMONSTRATION FOR TEH WELL, UNLESS RESPONDENT SUBMITS DOCUMENTATION TO DEMONSTRATE THAT THE WELL HAS BEEN PROPERLY CLOSED, PLUGGED, AND ABANDONED IN A MANNER PRESCRIBED BY EPA. MECHANICAL INTEGRITY TESTING OR PLUGGING AND ABANDONMENT MUST BE WITNESSED BY AN EPA-AUTHORIZED INSPECTOR. WITHIN 30 DAYS, RESPONDENT IS ORDERED TO PROVIDE CURRENT FLUID ANALYSIS RESULTS TO EPA. WITHIN 30 DAYS, RESPONDENT SHALL PROVIDE TO EPA THE MONITORING REPORTS FOR THE PERIOD FROM JAN 2015 THRU DEC 2014.

Defendants (1)

• COOMER, TRAVISNamed in complaintNamed in settlement

Facilities (1)

• CLYDE NEAT #1 UIC WELL

  LAT/LONG: 37.041518 / -85.368688, COLUMBIA, KY, 42728

  Registry ID: 110067641449

Statutes cited

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

Enforcement conclusions (1)

• TRAVIS COOMERentered 2016-04-14

  Primary law: SDWA

  Federal penalty: $6,525

Timeline (4 milestones)

• 2016-04-14Final Order Issued
• 2016-04-14Complaint Filed/Proposed Order
• 2016-04-21Enforcement Action Closed
• 2016-04-22Enforcement Action Data Entered