EPA v. UTICA RESOURCE OPERATING LLC

Case summary

The proposed Consent Decree between the United States and Utica Resource Operating, LLC (URO), resolves Clean Air Act violations at URO's oil and gas production well pads in Ohio. EPA conducted inspections at 11 of URO?s well pads on April 18 2019, and observed significant venting of VOC and methane emissions from the storage vessels through thief hatches, pressure relief devices, and combustors. These emissions are required to be captured and controlled per Subparts OOOO and OOOOa and the Ohio PTIOs. Additionally, URO submitted a Voluntary Audit Disclosure (VAD) letter on April 27, 2020 to the Ohio Environmental Protection Agency (OEPA), which disclosed numerous long-term violations of leak detection and repair requirements as well as recordkeeping and reporting violations. Citing Region 5?s ongoing investigation of URO, OEPA sent URO a letter stating that its disclosed violations did not qualify for consideration under Ohio?s Audit Policy. EPA issued a Notice and Finding of Violation to URO on August 13, 2020. Region 5 referred the matter to DOJ on September 23, 2021. Under the proposed Consent Decree, URO will be required to implement injunctive relief at all 15 of its well pads. In settlement of this case, URO agreed to conduct analyses to ensure that its vapor control systems are adequately designed and sized to control VOC emissions as required; modify any vapor control systems found to be inadequately designed or sized; implement a Directed Inspection and Maintenance Program to prevent emissions from components such as thief hatches and pressure relief devices on the storage vessels as required; conduct root cause analyses for any vapor control systems found to be chronically emitting VOCs even after proper design evaluation; monitor tank pressures to minimize potential for leaks; and report on its compliance activities to EPA. These actions will achieve compliance with the requirements in NSPS Subparts OOOO and OOOOa and URO?s PTIOs to control VOC and methane emissions from its storage vessels and associated monitoring and recordkeeping. As part of the settlement, URO will pay a civil penalty of $1 million and perform mitigation projects at its facilities valued at $1,453,872 which will further reduce emissions of VOC and methane. EPA estimates that injunctive relief from this settlement will reduce VOC and methane emissions by approximately 276 tons and 645 tons per year, respectively. Mitigation projects are expected to result in additional emission reductions of approximately 307 tons VOC, 941 tons methane, and 4,430 tons carbon dioxide per year.

Defendants (1)

• UTICA RESOURCE OPERATING LLCNamed in complaintNamed in settlement

Facilities (11)

• UTICA RESOURCE OPERATING LLC - MILEY WELL PAD

  SARAHSVILLE ROAD, SARAHSVILLE, OH, 43779

  Registry ID: 110070543925

• UTICA RESOURCE OPERATING LLC - NEILL 1-H WELL PAD

  2685 RIGHTEOUS RIDGE ROAD, WATERFORD, OH, 45786

  Registry ID: 110070544122

• UTICA RESOURCE OPERATING LLC - MASON WELL PAD

  600 TICK HILL RD, LOWELL, OH, 45744

  Registry ID: 110070544003

• UTICA RESOURCE OPERATING LLC - COMMISSIONERS WELL PAD

  62154 RANGE ROAD, LORE CITY, OH, 43755

  Registry ID: 110070544021

• UTICA RESOURCE OPERATING LLC - DETWEILER WELL PAD

  18889 LEATHERWOOD ROAD, SALESVILLE, OH, 43778

  Registry ID: 110070543960

• UTICA RESOURCE OPERATING LLC - GARVIN WELL PAD

  TWP 155, UPPER LOWELL, OH, 45744

  Registry ID: 110070544002

• UTICA RESOURCE OPERATING LLC - PALMER WELL PAD

  1010 CENTER BEND ROAD, CENTER BEND, OH, 43787

  Registry ID: 110070543924

• UTICA RESOURCE OPERATING LLC - DYNAMITE WELL PAD

  60719 DYNAMITE ROAD, LORE CITY, OH, 43778

  Registry ID: 110070543959

• UTICA RESOURCE OPERATING LLC - NEFF

  62674 SALEM ROAD, SALESVILLE, OH, 43778

  Registry ID: 110070544022

• UTICA RESOURCE OPERATING LLC - STIERS WELL PAD

  58960 SALEM ROAD, SALESVILLE, OH, 43778

  Registry ID: 110070544024

• UTICA RESOURCE OPERATING LLC - COLE WELL PAD

  19047 WINGS LANE, SALESVILLE, OH, 43778

  Registry ID: 110070543958

Statutes cited

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

Enforcement conclusions (1)

• UTICA RESOURCE OPERATING LLCentered 2023-04-03

  Primary law: CAA

  Federal penalty: $1,000,000

Timeline (5 milestones)

• 2021-09-23Referred To Dept Of Justice
• 2021-09-30Enforcement Action Data Entered
• 2022-11-04Final Order Lodged
• 2022-11-04Complaint Filed With Court
• 2023-04-03Final Order Entered