EPA v. REVELATION ENERGY, LLC

Case summary

9/26/18 - ADMINISTRATIVE COMPLIANCE ORDER ON CONSENT ISSUED. ORDER STATES: RESPONDENT FAILED TO DEMONSTRATE MECHANICAL INTEGRITY OF ACTIVE PERMITTED WELLS, AS SHOWN BELOW: #37 UNDERGROUND MINE#IW246 AND #37 UNDERGROUND MINE #IW248 THEREFORE, RESPONDENT IS IN VIOLATION OF 40 CFR SECTION 146.8, THE UIC PERMIT KYV0036, AND THE SDWA FOR FAILURE TO TIMELY DEMONSTRATE THE MECHANICAL INTEGRITY OF ACTIVE PERMITTED WELLS, AS SHOWN ABOVE. THE EPA'S FILE REVIEW AND STATEMENTS MADE BY RESPONDENT DURING THE OCTOBER 2017 UIC INSPECTIONS INDICATED THAT A CESSATION OF INJECTION FOR TWO (2) YEARS TOOK PLACE AT THE WELLS SHOWN BELOW. BASED ON E[A'S FILE REVIEWS AND CONVERSATIONS WITH RESPONDENT DURING THE OCTOBER 2017 UIC INSPECTION, IT WAS CONFIRED THAT RESPONDENT FAILED TO PROPERLY CLOSE, PLUG, OR ABANDON THOSE WELLS FOLLOWING THAT CESSATION OF INJECTION ACTIVITIES AT THE WELL SHOWN BELOW: #37 UNDERGROUND MINE #IW240; #37 UNDERGROUND MINE #IW241; #37 UNDERGROUND MINE #IW242; #37 UNDERGROUND MINE #IW243; AND POND CREEK MINE #2 THEREFORE, RESPONDENT IS IN VIOLATION OF 40 CFR SECTION 144.51(a) AND (p), TH UIC PERMIT NOS. KYV0036 AND KYV0056 AND SDWA, FOR FAILURE TO PROPERLY CLOSE, PLUG, AND ABANDON THE INACTIVE SUBJECT WELLS IN ACCORDANCE WITH PERMIT CONDITIONS. THE EPA'S RECORDS INDICATED RESPONDENT FAILED TO SUBMIT ANNUAL MONITORING REPORTS FOR THE SUBJECT WELLS, AS SHOWN BELOW: #37 UNDERGROUND MINE #IW240' #37 UNDERGROUND MINE #IW241; #37 UNDERGROUND MINE #IW242; #37 UNDERGROUND 37 MINE #IW243; #37 UNDERGROUND MINE #IW246; #37 UNDERGROUND MINE #IW248; POND CREEK MINE #1; POND CREEK MINE #2 THEREFORE, RESPONDENT IS IN VIOLATION OF 40 CFR SECTIONS 146.23(b)(1), 146.23(c)(1) AND 144.51(a), THE UIC PERMIT NOSE KYV0036 AND KYV0057, AND THE SDWA FOR FAILING TO SUBMIT ANNUAL MONITORING REPORTS FOR THE SUBJECT WELLS. THE EPA'S RECORDS SHOW THAT RESPONDENT HAS FAILED TO TIMELY SUBMIT ANNUAL INJECTION FLUID ANALYSIS RESULTS FOR PERMITTED WELLS, AS SHOWN BELOW: #37 UNDERGROUND MINE #IW240' #37 UNDERGROUND MINE #IW241; #37 UNDERGROUND MINE #IW242; #37 UNDERGROUND 37 MINE #IW243; #37 UNDERGROUND MINE #IW246; #37 UNDERGROUND MINE #IW248. THEREFORE, RESPONDENT IS IN VIOLATION OF 40 CFR SECTIONS 146.23(b)(1), 146.23(c)(1) and 144.51(a), THE UIC PERMIT NO. KYV0036, AND THE SDWA FOR FAILURE TO SUBMIT TO THE EPA ANNUAL FLUID ANALYSIS RESULTS FORTHE SUBJECT WELLS, AS SHOWN ABOVE. THE EPA'S RECORDS SHOW THAT RESPONDENT HAS FAILED TO TIMELY SUBMIT ANNUAL INJECTION FLUID ANALYSIS RESULTS FOR PERMITTED WELLS, AS SHOWN BELOW: POND CREEK MINE #1 AND POND CREEK MINE #2 THEREFORE, RESPONDENT IS IN VIOLATION OF 40 CFR SECTIONS 146.23(b)(1), 146.23(c)(1) AND 144.51(a), THE UIC PERMIT KYV0056, AND THE SDWA FOR FAILURE TO TIMELY SUBMIT TO THE EPA ANNUAL FLUID ANALYSIS RESULTS FOR THE SUBJECT WELLS, AS SHOWN ABOVE. RESPONDENT FAILED TO SUBMIT THE RESULTS OF FLUID ANALYSES FROM SPECIFIED MONITORING STATIONS. THEREFORE, RESPONDENT IS IN VIOLATION OF 40 CFR SECTIONS 146.23(b)(1), 146.23(c)(1) and 144.51(a), THE UIC PERMIT NOS. KYV0036 AND KYV0056, AND THE SDWA FOR FAILURE TO TIMELY SUBMIT TO THE EPA ANNUAL FLUID ANALYSIS RESULTS FOR THE MONITORING STATIONS.

Defendants (1)

• REVELATION ENERGY, LLCNamed in settlement

Facilities (8)

• #37 UNDERGROUND MINE #IW246

  CAVE BRANCH ROAD, CUMBERLAND, KY, 40823

  Registry ID: 110070377828

• POND CREEK MINE #1

  WOLF CREEK ROAD, LOVELY, KY, 41231

  Registry ID: 110070377834

• #37 UNDERGROUND MINE #IW242

  CAVE BRANCH ROAD, CUMBERLAND, KY, 40823

  Registry ID: 110070377828

• POND CREEK MINE #2

  WOLF CREEK ROAD, LOVELY, KY, 41231

  Registry ID: 110070377835

• #37 UNDERGROUND MINE #IW243

  CAVE BRANCH ROAD, CUMBERLAND, KY, 40823

  Registry ID: 110070377828

• #37 UNDERGROUND MINE #IW240

  CAVE BRANCH ROAD, CUMBERLAND, KY, 40823

  Registry ID: 110070377828

• #37 UNDERGROUND MINE #IW241

  CAVE BRANCH ROAD, CUMBERLAND, KY, 40823

  Registry ID: 110070377828

• #37 UNDERGROUND MINE #IW248

  CAVE BRANCH ROAD, CUMBERLAND, KY, 40823

  Registry ID: 110070377828

Statutes cited

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

Enforcement conclusions (1)

• REVELATION ENERGY, LLCentered 2018-09-26

  Primary law: SDWA

Timeline (2 milestones)

• 2018-09-26Enforcement Action Data Entered
• 2018-09-26Final Order Issued