EPA v. WHITING PETROLEUM - APO/CAFO

Case summary

EPA entered into a Consent Agreement and Final Order (CAFO) with Whiting Oil and Gas Corporation (Whiting) to resolve violations of the New Source Performance Standards, Subpart A (General Provisions) Subpart KKK (Standards of Performance for Equipment Leaks of VOC from Onshore Natural Gas Processing Plants), Subpart VV (Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry), the National Emissions Standards for Hazardous Air Pollutants, Subpart HH (Oil and Natural Gas Production Facilities), the Michigan State Implementation Plan, and Whiting?s Permits to Install, at its West Branch Gas Plant in West Branch, Michigan. At its West Branch Gas Plant, Whiting failed to conduct Method 21 (LDAR) inspections at required components; comply with its visible emissions limitations at its flare; keep records pertaining to the operation of its glycol dehydrator; and operate its facility in accordance with good air pollution control practices. EPA discovered the violations in part during an inspection at the facility on July 31, 2013, when Whiting was not operating its system to recover VOC emissions from storage vessels and was sending all vapors to its flare, causing visible emissions from the flare and excessive leaks of VOC from pressure relief devices. EPA also obtained information on the recordkeeping and LDAR violations through a Section 114 request. EPA issued to Whiting a Notice and Finding of Violation on January 8, 2013. To resolve the violations, Whiting has agreed to pay a penalty of $58,250 and contribute $204,280 towards a Supplemental Environmental Project (SEP). The SEP will provide for the replacement of two mid-1990s model year diesel-powered school buses owned by the local school district with two new buses that meet 2014 or later emissions standards, which will eliminate consumption of approximately 2,481 gallons of diesel fuel per year. Whiting has also since ceased operating a majority of equipment at the West Branch facility, so it is no longer subject to the requirements of Subparts KKK and VV. Whiting has simultaneously entered into an Administrative Consent Order that requires Whiting to conduct a compliance demonstration on its flare to ensure that it does not exceed its permitted visible emissions standards.

Defendants (1)

• WHITING PETROLEUM WEST BRANCH GAS PLANTNamed in complaintNamed in settlement

Facilities (2)

• WEST BRANCH PRODUCTION GATHERING & COMPRESSOR STAT

  2251 SIMMONS ROAD, WEST BRANCH, MI, 48661

  Registry ID: 110000543412

• WEST BRANCH PRODUCTION GATHERING & COMPRESSOR STAT

  2251 SIMMONS ROAD, WEST BRANCH, MI, 48661

  Registry ID: 110000543412

Statutes cited

• CAA 111 — New Source Performance Standards
• CAA 112 — Hazardous Air Pollutants
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• WHITING PETROLEUM - APO/CAFOentered 2015-05-12

  Primary law: CAA

  Federal penalty: $58,250 · SEP: $204,280

Timeline (4 milestones)

• 2015-05-12Final Order Issued
• 2015-05-12Complaint Filed/Proposed Order
• 2015-05-20Enforcement Action Data Entered
• 2015-05-21Air Resolved