EPA v. LOGSDON VALLEY OIL CO., INC.

Case summary

9/16/15 - ADMINISTRATIVE ORDER ISSUED. RESPONDENT IS THE OWNER AND/OR OPERATOR OF THE SUBJECT CLASS II UIC WELL. ON JULY 18, 2012, DURING ROUTINE INSPECTIONS IN HART COUNTY, KY, CONDUCTED BY THE KY DEPT OF ENVIRONMENTAL PROTECTION (KDEP) AND THE EPA-AUTHORIZED INSPECTOR, THE INSPECTORS DISCOVERED A BURIED 2-INCH PVC INJECTION LINE LEADING FROM THE RESPONDENT'S TANK BATTERY, WHERE PRODUCED FLUIDS FROM CRUDE OIL PRODUCTION ARE STORED, TO THE SUBJECT WELL. UPON CLEARING AWAY THE WOOD AND BRUSH THAT WAS PILED ATOP A RED LID, AND SUBSEQUENTLY REMOVING THE RED LED, THE INSPECTORS OBSERVED PRODUCED FLUIDS BEING ACTIVELY EMPLACED INTO THE SUBSURFACED THROUGH THE OPEN CASING OF THE SUBJECT WELL, USING THE BURIED 2-INCH PVC LINE FROM THE RESPONDENT'S STORAGE TANK. A REVIEW OF EPA'S RECORDS INDICATED THAT THE WELL WAS NOT RULE-AUTHORIZED AS NO INVENTORY INFO HAD BEEN SUBMITTED AS REQUIRED BY 40 CFR 144.26 FOR RULE AUTHORIZATION. EPA'S RECORDS ALSO REVEALED THAT NO PERMIT HAD BEEN ISSUED FOR CONSTRUCTION OF THE WELL NOR HAD A PERMIT APPLICATION BEEN SUBMITTED FOR INJECTION INTO THE WELL. 40 CFR 144.11 PROHIBITS ANY UNDERGROUND INJECTION OR CONSTRUCTION OF AN UNDERGROUND INJECTION WELL THAT IS NOT AUTHORIZED BY RULE OR BY AN ISSUED PERMIT. RESPONDENT IS IN VIOLATION OF THE SDWA AND 40 CFR 144.11 FOR UNAUTHORIZED CONSTRUCTION OF AN UNDERGROUND INJECTION WELL AND UNAUTHORIZED UNDERGROUND INJECTION. ON JULY 19, 2012, UPON LEARNING OF THE DISCOVERY OF THE UNAUTHORIZED WELL, RESPONDENT ATTEMPTED TO PLUG THE SUBJECT WELL W/OUT AN EPA-APPROVED PLUGGING AND ABANDONMENT PLAN AND W/OUT AN EPA-APPROVED INSPECTOR ONSITE TO WITNESS THE PLUGGING PROCEDURES. ON JULY 20, 2012, RESPONDENT FILED AN AFFIDAVIT WITH THE KY DIV OF OIL AND GAS, ATTESTING THAT THE WELL HAD BEEN PLUGGED AND FILLED FROM 647 FEET BELOW LAND SURFACE TO LAND SURFACE, USING 148 SACKS OF CLASS A CEMENT. HOWEVER, NO CEMENT TICKETS WERE PROVIDED TO EPA EVIDENCING THAT ANY CEMENT WAS PURCHASED. USING THE INFO PROVIDED, EPA PERFORMED A CEMENT CALCULATION IN ACCORDANCE WITH STANDARD INDUSTRY PRACTICES FOUND IN THE HALLIBURTON CEMENTING TABLES AND DETERMINED THAT IN ORDER TO PLUG A WELL THAT IS 7 INCHES IN DIAMETER, FROM A DEPTH OF 647 FEET BELOW LAND SURFACE, UP TO 3 FEET BELOW LAND SURFACE USING CLASS A CEMENT, A MINIMUM OF 170 SACKS OF CEMENT ARE REQUIRED. THE CALCS SHOW THAT 148 BAGS ARE INSUFFICIENT TO PROPERLY PLUG THE WELL FROM TOTAL DEPTH TO SURFACE AND WOULD THEREFORE LEAVE A SIZEABLE GAP IN THE CEMENT COLUMN OF CLOSE TO 84 LINEAR FEET. THE SDWA AND THE REG FOUND AT 146.10 REQUIRE THAT ALL CLASS II WELLS MUST BE PLUGGED WITH CEMENT IN A MANNER THAT DOES NOT ALLOW THE MOVEMENT OF FLUIDS INTO OR BETWEEN UNDERGROUND SOURCES OF DRINKING WATER. THE SDWA AND THE REG FOUND AT 40 CFR 144.12 PROHIBIT THE OWNER/OPERATOR OF A CLASS II WELL FROM CONVERTING, PLUGGING AND ABANDONING OR CONDUCTING ANY INJECTION ACTIVITY IN A MANNER THAT ALLOWS THE MOVEMENT OF A FLUID CONTAINING ANY CONTAMINANT INTO USDWs THAT WOULD VIOLATE NATIONAL PRIMARY DRINKING WATER REGS UNDER 40 CFR 142. EVALUATION OF THE DOCUMENTATION SUPPLIED BY RESPONDENT SHOWS THAT THE AMOUNT OF CEMENT USED TO PLUG THE SUBJECT WELL IS INSUFFICIENT TO PREVENT FLUIDS FROM MIGRATING INTO OR BETWEEN USDWs AND ADVERSELY AFFECTING THE HEALTH OF PERSONS. THEREFORE, RESPONDENT IS IN VIOLATION OF THE SDWA AND THE REG FOUND AT 40 CFR 146.10 FOR IMPROPERLY PLUGGING, CLOSING, AND ABANDONING THE SUBJECT WELL. ORDER: A. WITHIN 10 DAYS, RESPONDENT SHALL CONTACT EPA'S UIC PROGRAM IN WRITING TO OBTAIN EPA APPROVAL OF A PLAN TO RE-OPEN AND REMEDIATE THE WELL. B. WITHIN 45 DAYS, RESPONDENT IS ORDERED TO RE-OPEN THE BOREHOLE AND PERFORM ALL ACTIONS EPA DEEMS NECESSARY TO PROPERLY CLOSE, PLUG AND ABANDON THE WELL IN ACCORDANCE WITH AN EPA-APPROVED PLUGGING AND ABANDONMENT PLAN AND ENSURE THE WELL DOES NOT PROVIDE A CONDUIT BY WHICH CONTAMINANTS CAN MIGRATE. C. PROVIDE DOCUMENTATION TO EPA.

Defendants (1)

• LOGSDON VALLEY OIL COMPANY, INC. (SB)Named in settlement

Facilities (1)

• CHARLES L STINSON #6 UIC WELL

  LAT/LONG:37.19299 / -85.77625, HORSE CAVE, KY, 42749

  Registry ID: 110058290415

Statutes cited

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

Enforcement conclusions (1)

• LOGSDON VALLEY OIL CO., INC.entered 2015-09-16

  Primary law: SDWA

Timeline (2 milestones)

• 2015-09-16Final Order Issued
• 2015-09-17Enforcement Action Data Entered