EPA v. LOGSDON VALLEY OIL CO., INC.

Case summary

3/20/17 - CEASE INJECTION ORDER. ON JUNE 3, 2011, EPA MODIFIED THE UIC PERMIT NO. KY10389 TO REFLECT THE TRANSFER FROM INDUS ENERGY TO RESPONDENT, WITH AN EFFECTIVE DATE OF JUNE 6, 2011. THE SUBJECT WELL IS PERMITTED IN ACCORDANCE WITH 40 CFR 144.31 AND IS SUBJECT TO THE REQUIREMENTS OF THE SDWA AND THE UIC REGS. THE SDWA AND 40 CFR 144.51(a) REQUIRE THE PERMITTEE OF A PERMITTED UIC WELL TO COMPLY WITH ALL CONDITIONS OF THEIR PERMIT. THE PERMIT AND REGULATIONS FOUND T 40 CFR 144.51(q)(1), REQUIRE THE OWNER OR OPERATOR OF A PERMITTED CLASS II WELL, TO ESTABLISH AND MAINTAIN THE MECHANICAL INTEGRITY OF THE SUBJECT WELL AS DEFINED IN 40 CFR 146.8, NO LATER THAN 5 YEARS FROM THE LAST SUCCESSFUL DEMONSTRATION OF MECHANICAL INTEGRITY. RESPONDENT IS REQUIRED TO NOTIFY EPA AND ARRANGE A DATE FOR EPA-AUTHORIZED INSPECTOR TO COME AND WITNESS THE MECHANICAL INTEGRITY DEMONSTRATION OF THE SUBJECT WELL. EPA SHALL THEN REVIEW THE MECHANICAL INTEGRITY DEMONSTRATION RESULTS AND PROVIDE APPROVAL, WHEN SATISFACTORY. RESPONDENT HAS FAILED TO NOTIFY EPA, TO ARRANGE A MECHANICAL INTEGRITY DEMONSTRATION OF THE SUBJECT WELL, WHICH SHALL BE WITNESSED BY EPA-APPROVED INSPECTOR, AND SHALL INCLUDE EPA'S APPROVAL OF THE RESULTS, WITHIN 5 YEARS OF THE LAST SUCCESSFUL MECHANICAL INTEGRITY DEMONSTRATION, AS SHOW BELOW: LAST MIT - 10/21/10; MIT DUE - 10/21/15; MIT DONE: NOT YET THEREFORE, RESPONDENT IS IN VIOLATION OF THE SDWA, 40 CFR 146.8 AND 144.51(q)(1) AND THE UIC PERMIT, FOR FAILURE TO ESTABLISH AND MAINTAIN THE MECHANICAL INTEGRITY OF THE ACTIVE PERMITTED SUBJECT WELL, WITHIN 5 YEARS OF THE LAST SUCCESSFUL MECHANICAL INTEGRITY DEMONSTRATION, TO BE WITNESSED BY THE EPA-AUTHORIZED INSPECTOR AND TO INCLUDE THE EPA'S APPROVAL OF SATISFACTORY RESULTS, AS SHOWN ABOVE. RESPONDENT LATER REQUESTED THE EPA TO ARRANGE A DEMONSTRATION OF MECHANICAL INTEGRITY OF THE SUBJECT WELL, TO BE SCHEDULED WITH THE EPA-APPROVED INSPECTOR. ON MARCH 17, 2016, THE EPA-AUTHORIZED INSPECTOR ARRIVED ONSITE TO WITNESS THE MECHANICAL INTEGRITY DEMONSTRATION OF THE SUBJECT WELL. THE HIGH PRESSURE GAS LINE WAS ATTACHED AT THE ANNULUS OF THE SUBJECT WELL. THE EPA-AUTHORIZED INSPECTOR NOTICED THAT THE GAS PRESSURE READING WAS RISING RAPIDLY FROM 0 psig TO 311 psig. THE GAS PRESSURE-LEVEL REMAINED AT 311 psig, DURING THE ENTIRE MECHANICAL INTEGRITY TEST, FOR 30 MINUTES. THE EPA-AUTHORIZED INSPECTOR OBSERVED THAT THE RELEASE OF THE GAS PRESSURE, AT THE END OF THE TEST, OCCURRED IN AN UNUSUALLY SHORT TIME PERIOD. THE EPA-AUTHORIZED INSPECTOR REQUESTED THE RESPONDENT'S REPRESENTATIVE ONSITE TO REMOVE THE NIPPLE FROM THE ANNULUS. ONCE DONE, THE INSPECTOR DISCOVERED THAT THE NIPPLE WAS FILLED WITH A HEAVY METALLIC MATERIAL, SUCH AS LEAD OR BABBITT.

Defendants (1)

• LOGSDON VALLEY OIL CO., INC.Named in settlement

Facilities (1)

• GUINN #UA-3 UIC WELL

  LAT/LONG: 37.17534 / -85.78924, HORSE CAVE, KY, 42749

  Registry ID: 110043252574

Statutes cited

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

Enforcement conclusions (1)

• LOGSDON VALLEY OIL CO., INC.entered 2017-03-20

  Primary law: SDWA

Timeline (2 milestones)

• 2017-03-20Final Order Issued
• 2017-04-04Enforcement Action Data Entered