EPA v. ABARTA OIL & GAS COMPANY, INC.

Case summary

2/2/17 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $6,668, DUE WITHIN 30 DAYS. ALLEGATIONS: DURING FEB 2016, EPA PERFORMED A FILE REVIEW OF ITS UIC PROGRAM RECORDS FOR THE SUBJECT 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 MONTHS AND WHENEVER CHANGES ARE MADE TO THE INJECTION FLUID. THE PERMITS REQUIRE PERMITTEE TO SUBMIT THE RESULTS OF INJECTION FLUID ANALYSES TO EPA ANNUALLY IN ACCORDANCE WITH 40 CFR 146.23(c). RESPONDENT FAILED TO TIMELY SUBMIT ANNUAL INJECTION FLUID ANALYSIS RESULTS FOR THE SUBJECT WELLS: A.J. TACKETT UNIT AND J. WARD ET AL - MISSING FA REPORTS, 2011, 2012, 2013, AND 2014. RESPONDENT IS IN VIOLATION OF THE SDWA, 40 CFR 146.23(b)(1), 146.23(c), AND 144.51(a) AND THE UIC PERMITS FOR FAILURE TO TIMELY SUBMIT TO EPA ANNUAL FLUID ANALYSIS RESULTS. THE PERMITS AND 40 CFR 146.23(b)(2) REQUIRES 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. THE PERMITS CONTAIN THE REQUIREMENT TO SUBMIT THE RESULTS OF ALL MONITORING TO EPA ANNUALLY IN ACCORDANCE WITH 40 CFR 146.23(c) BY THE END OF JAN OF THE SUBSEQUENT YEAR. RESPONDENT FAILED TO TIMELY SUBMIT MONITORING RESULTS FOR THE SUBJECT WELLS: A.J. TACKETT UNIT - MISSING MONITORING REPORTS FOR 2013; J. WARD ET AL UNIT - MISSING MONITORING REPORTS FOR 2014. 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 TIMELY SUBMIT ANNUAL MONITORING REPORTS TO EPA FOR THE ACTIVE PERMITTED SUBJECT WELLS.

Defendants (1)

• ABARTA OIL & GAS COMPANY, INC.Named in complaintNamed in settlement

Facilities (2)

• J. WARD ET AL - 1SWD UIC WELL

  LAT/LONG: 37.993739 / -82.92194, MARTHA, KY, 41157

  Registry ID: 110070044780

• A.J. TACKETT UNIT 11311 UIC WELL

  LAT/LONG: 37.853186 / -82.967636, OIL SPRINGS, KY, 41238

  Registry ID: 110070044778

Statutes cited

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

Enforcement conclusions (1)

• ABARTA OIL & GAS COMPANY, INC.entered 2017-02-02

  Primary law: SDWA

  Federal penalty: $6,668

Timeline (4 milestones)

• 2017-02-02Complaint Filed/Proposed Order
• 2017-02-02Final Order Issued
• 2017-03-15Enforcement Action Data Entered
• 2017-03-21Enforcement Action Closed