EPA v. MARKWEST ENERGY PARTNERS (NC)

Case summary

This Clean Air Act (CAA) matter resolves New Source Review (NSR), Prevention of Significant Deterioration (PSD), and Title V violations for excess emissions of volatile organic compounds (VOCs) at pig launching and receiving operations at compressor stations and stand-alone stations in eastern Ohio and western Pennsylvania. MarkWest's facilities in western Pennsylvania are located in an ozone nonattainment area. MarkWest is eager to conclude this settlement, and has already invested significant resources to comply with several elements of the injunctive relief. MarkWest has agreed to the following elements of injunctive relief for compressor stations (23 facilities) and large stand-alone sources (19 facilities) in the Ohio and Pennsylvania natural gas gathering system: (1) connection of high pressure pig launchers and receivers by jumper lines to a low pressure gathering line; (2) operation of jumper lines to depressurize such launchers and receivers prior to opening the launcher or receiver hatch; (3) installation and use of pig ramps in pig receivers; (4) use of a flare to control VOC emissions, when necessary, to ensure that VOC emissions do not exceed the state permitting threshold or permitted emissions limitations; and (5) submission of non-Title V state-only operating permits, or non-Title V Permits to Install and Operate, that are federally enforceable and will survive termination of the Consent Decree. To resolve violations of the small stand-alone sites (125 facilities) in Ohio and Pennsylvania, MarkWest has agreed to install pig ramps in all pig receivers. MarkWest has estimated that it will spend approximately $2.29 million to comply with the injunctive relief requirements of the Consent Decree, including $380,000 for its injunctive relief expenditures in Region 5. When fully implemented, EPA estimates that the new controls and requirements will result in the following emission reductions: Region 3 Region 5 TOTAL INITIAL (tpy VOC) 503.29 268.77 TOTAL REMAINING (tpy VOC) 12.49 53.50 TOTAL REDUCED (tpy VOC) 490.80 215.27 MarkWest will also implement: two federal supplemental environmental projects (SEPs) requiring the installation and operation of ambient air monitoring stations located upwind and downwind of MarkWest compressor stations in eastern Ohio and western Pennsylvania at a cost of $2 million; one federal SEP requiring the dissemination and demonstration of a proprietary MarkWest technology for reducing VOC emissions that was developed during the pendency of the enforcement action at a cost of $400,000; one Commonwealth-only Community Environmental Project for emission monitoring equipment valued at about $140,000; and MarkWest will pay a civil penalty of $610,000. While the State of Ohio declined to participate in this matter, the State has been aware of the negotiations, as described below, and has received notice of the potential settlement.

Defendants (1)

• MARKWEST ENERGY PARTNERSNamed in complaintNamed in settlement

Facilities (88)

• MARKWEST ENERGY PARTNERS - BEDWAY STATION

  67593-67705 PANCOAST RD, BELMONT, OH, 43718

  Registry ID: 110064738887

• MARKWEST ENERGY PARTNERS - HARRISON CENTRAL STATION

  CASSVILLE RD, CADIZ, OH, 43907

  Registry ID: 110064847509

• MARKWEST ENERGY PARTNERS - LAKE LND STATION

  72415-72625 PENNYROYAL RD, FREEPORT, OH, 43973

  Registry ID: 110064845164

• MARKWEST ENERGY PARTNERS - TRIPLE B LAUNCHER STATION

  67391 TOWN HILL RD, BETHESDA, OH, 43719

  Registry ID: 110064845583

• MARKWEST ENERGY PARTNERS - NOBLE STATION

  58232-58398 WHISKEY RUN RD, QUAKER CITY, OH, 43773

  Registry ID: 110064846341

• MARKWEST ENERGY PARTNERS - SHANNON STATION

  SHANNON RD, BARNESVILLE, OH, 43713

  Registry ID: 110064845459

• MARKWEST ENERGY PARTNERS - OLD PIEDMONT KIMBLE STATION

  34117-34917 OLD PIEDMONT RD, FLUSHING, OH, 43977

  Registry ID: 110064845208

• MARKWEST ENERGY PARTNERS - SHUGERT DADDY LAUNCHER STATION

  17181 POLASKY RD, SALESVILLE, OH, 43778

  Registry ID: 110064845351

• MARKWEST ENERGY PARTNERS - OXFORD ROAD STATION

  22995-23079 OXFORD RD, QUAKER CITY, OH, 43773

  Registry ID: 110064845235

• MARKWEST MORRISTOWN COMPRESSOR STATION

  65648 WILSON RD., BETHESDA, OH, 43719

  Registry ID: 110063894184

• MARKWEST ENERGY PARTNERS - MILLIKEN LAUNCHER STATION

  MARKET ST, PIEDMONT LAKE MARINA, OH, 43983

  Registry ID: 110064845333

• MARKWEST ENERGY PARTNERS - MILLER STATION

  70871-71157 JASPER RD, FREEPORT, OH, 43973

  Registry ID: 110064845752

• MARKWEST ENERGY PARTNERS - HUMPHREY CS

  34384-34486 JOHNSON RIDGE RD, BARNESVILLE, OH, 43713

  Registry ID: 110064847171

• MARKWEST ENERGY PARTNERS - ONEGA LAUNCHER STATION

  62000-62758 RANGE RD, LORE CITY, OH, 43755

  Registry ID: 110064845217

• MARKWEST ENERGY PARTNERS - STRONZ STATION

  37954-37998 FLAT ROCK RD, BARNESVILLE, OH, 43713

  Registry ID: 110064845510

• …and 73 more

Statutes cited

• CAA 502 — Operating Permits (Title V)
• CAA 303 — Imminent/Substantial Endangerment
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• MARKWEST ENERGY PARTNERS (NC)entered 2018-07-09

  Primary law: CAA

  Federal penalty: $225,000 · SEP: $1,200,000

Timeline (6 milestones)

• 2015-08-27Referred To Dept Of Justice
• 2015-09-01Enforcement Action Data Entered
• 2017-11-13Supplemental Referral-Adding parties, counts
• 2018-04-24Complaint Filed With Court
• 2018-07-02Final Order Lodged
• 2018-07-09Final Order Entered