EPA v. MARKWEST ENERGY PARTNERS, L.P. (MPLX LP) (NATIONAL CASE) (NLP)

Case summary

3/23/17 - ON MARCH 23, 2107, THE ACTING REGIONAL ADMINISTRATOR SIGNED AN CAA LETTER REFERRAL REQUESTING THAT DOJ INCLUDE TWO FACILITIES OWNED BY MARKWEST ENERGY PARTNERS, L.P. (MARKWEST ENERGY), AND ONE FACILITY OWNED BY A MARK WEST ENERGY SUBSIDIARY, MARKWEST ENERGY APPALACHIA, LLC (MAR WEST ENERGY APPALACHIA), IN THE GLOBAL SETTLEMENT CURRENTLY BEING NEGOTIATED WITH MARKWEST ENERGY AND ITS CORPORATE PARENT, MPLX, L.P., AS WELL AS 12 MARKWEST ENERGY SUBSIDIARIES (COLLECTIVELY REFERRED TO AS MARKWEST) BY DOJ ON BEHALF OF EPA REGION 3, 4, 5, AND 6. EPA REGION 5 IS THE LEAD REGION IN THIS SETTLEMENT. REGOIN 4 IS NOT REFERRING ANY SPECIFIC CAA CLAIMS AGAINST MARKWEST AT THIS TIME, BUT IS REFFERRING THESE FACILITIES FOR PURPOSE OF INCLUSION IN THE SETTLEMENT. THIS MULTI-REGIONAL CASE IS PART OF THE EPA'S NATIONAL ENFORCEMENT INITIATIVE: ENSURING ENERGY EXTRACTION ACTIVITIES COMPLY WITH ENVIRONMENTAL LAWS (INITIATIVE). A CIVIL CASE AGAINST MARKWEST WAS PREVIOUSLY REFERRED TO DOJ BY EPA REGION 5 ON SEPTEMBER 23, 2015. THE REGION 5 REFERRAL ALLEGED VIOLATIONS OF THE CAA AND NEW SOURCE PERFORMANCE STANDARDS (NSPS) REGS THAT PRIMARLY GOVERN LEAK DETECTION AND MONITORING OF VOCs FROM ONSHORE NATURAL GAS PROCESSING PLANTS AND SYNTHETIC ORGANIC CHEMICALS MANUFACTURING INDUSTRY INCLUDING, BUT NOT LIMITED TO, 40 CFR PART 60, SUBPARTS KKK, VV, Va AND OOOO. MARKWEST IS A LEADING PROVIDER OF MIDSTREAM SERVICES IN THE NATURAL GAS INDUSTRY, WHICH INVOLVE GATHERING, COMPRESSING, TREATING, PROCESSING, AND TRANSPORTING NATURAL GAS, AND NATURAL GAS LIQUIDS (NGLs), SUCH AS ETHANE, PROPANE, BUTANE, AND NATURAL GASOLINE. THE SETTLEMENT WILL INVOLVE ALL OF MARKWEST'S 20 GAS PROCESSING AND FRACTIONATION PLANTS LOCATED IN KY, OH, OK, PA, TX, WV.

Defendants (14)

• MARKWEST LIBERTY MIDSTREAM & RESOURCES, LLCNamed in complaintNamed in settlement
• MARKWEST LIBERTY BLUESTONE, LLCNamed in complaintNamed in settlement
• MARKWEST HYDROCARBON, LLCNamed in complaintNamed in settlement
• MARKWEST OHIO FRACTIONATION COMPANY, LLCNamed in complaintNamed in settlement
• MARKWEST UTICA EMG, LLCNamed in complaintNamed in settlement
• OHIO CONDENSATE COMPANY, LLCNamed in complaintNamed in settlement
• MARKWEST OKLAHOMA GAS COMPANY, LLCNamed in complaintNamed in settlement
• MARKWEST BUFFALO CREEK GAS COMPANY, LLCNamed in complaintNamed in settlement
• MARKWEST JAVELINA COMPANY, LLCNamed in complaintNamed in settlement
• MARKWEST ENERGY EAST TEXAS GAS COMPANY, LLCNamed in complaintNamed in settlement
• MARKWEST ENERGY WEST TEXAS GAS COMPANY, LLCNamed in complaintNamed in settlement
• MARKWEST ENERGY PARTNERS, L.P.Named in settlement
• MPLX, L.P.Named in settlement
• MARKWEST ENERGY APPALACHIA, LLCNamed in complaintNamed in settlement

Facilities (9)

• MARKWEST HYDROCARBON LLC - BOLDMAN NGL EXTRACTION FACILITY

  6072 HURRICANE RD, PIKEVILLE, KY, 41501

  Registry ID: 110022409017

• MARKWEST HYDROCARBON LLC - SILOAM FRACTIONATION FACILITY

  2 MARKWEST DR, SOUTH SHORE, KY, 41175

  Registry ID: 110000750875

• MARKWEST HYDROCARBONS LLC - LANGLEY PROCESSING PLANT

  72 MAPLE ST, LANGLEY, KY, 41645

  Registry ID: 110000536288

• MARKWEST HYDROCARBONS LLC - LANGLEY PROCESSING PLANT

  72 MAPLE ST, LANGLEY, KY, 41645

  Registry ID: 110000536288

• MARKWEST HYDROCARBONS LLC - LANGLEY PROCESSING PLANT

  72 MAPLE ST, LANGLEY, KY, 41645

  Registry ID: 110000536288

• MARKWEST HYDROCARBON LLC - BOLDMAN NGL EXTRACTION FACILITY

  6072 HURRICANE RD, PIKEVILLE, KY, 41501

  Registry ID: 110022409017

• MARKWEST HYDROCARBONS LLC - LANGLEY PROCESSING PLANT

  72 MAPLE ST, LANGLEY, KY, 41645

  Registry ID: 110000536288

• MARKWEST HYDROCARBONS LLC - LANGLEY PROCESSING PLANT

  72 MAPLE ST, LANGLEY, KY, 41645

  Registry ID: 110000536288

• MARKWEST HYDROCARBONS LLC - LANGLEY PROCESSING PLANT

  72 MAPLE ST, LANGLEY, KY, 41645

  Registry ID: 110000536288

Statutes cited

• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• MARKWEST ENERGY PARTNERS, L.P. (MPLX LP) (NATIONAL CASE) (NLP)entered 2019-01-08

  Primary law: CAA

  Federal penalty: $154,167

Timeline (6 milestones)

• 2017-03-23Referred To Dept Of Justice
• 2017-03-29Enforcement Action Data Entered
• 2018-11-01Final Order Lodged
• 2018-11-01Complaint Filed With Court
• 2019-01-08Final Order Entered
• 2019-01-08Concluded