EPA v. PERFORMANCE PETROLEUM

Case summary

VIOLATIONS: OSAGE UNDERGROUND INJECTION CONTROL (UIC) REGULATIONS REQUIRE OPERATORS OF INJECTION WELLS TO OBTAIN A UIC PERMIT FROM THE ENVIRONMENTAL PROTECTION AGENCY BEFORE CONVERTING A WELL TO INJECTION OR USING THE WELL FOR FLUID INJECTION. UIC PERMITS INCLUDE A CONDITION THAT THE PERMITTEE ACTUALLY USE THE WELL FOR INJECTION ONLY AFTER RECEIVING AN “AUTHORIZATION TO INJECT.” RESPONDENT OPERATED TWO INJECTION WELLS WITHOUT “AUTHORIZATION TO INJECT.” REMEDY: RESPONDENT SUBSEQUENTLY RECEIVED AUTHORIZATION TO INJECT FOR THE WELLS SUBJECT TO THE ADMINISTRATIVE COMPLAINT. THEREFORE, THE ENFORCEMENT ACTION IS TO ASSESS A PENALTY ONLY.

Defendants (1)

• PERFORMANCE PETROLEUM COMPANYNamed in complaint

Facilities (2)

• OS5190 - WELL NO. 2 (S)

  SE/4, SEC. 33, T29N, R12E, COPAN, OK, 74022

  Registry ID: 110016766702

• OS6160 - WELL NO. 6-20 (S)

  SE/4, SEC. 35, T26N, R11E, BARTLESVILLE, OK, 74003

  Registry ID: 110038388250

Statutes cited

• SDWA 1422/1423 — UIC Regulations Classes I - V
• SDWA 1421 — UIC Regulations

Enforcement conclusions (1)

• PERFORMANCE PETROLEUMentered 2009-06-10

  Primary law: SDWA

  Federal penalty: $5,200

Timeline (4 milestones)

• 2009-02-09Complaint Filed/Proposed Order
• 2009-02-17Enforcement Action Data Entered
• 2009-06-10Final Order Issued
• 2011-01-14Enforcement Action Closed