EPA v. MARATHON OIL PERMIAN, LLC - 2020 NM PERMIAN BASIN FLYOVER CAFO

Case summary

EPA has conducted a comprehensive review of the facility-specific information gathered based upon observations made from the OGI video captures, facility permitted operation, and information provided by the Respondent. Based on this review, EPA alleges the following violations for the Facilities: a. Respondent violated NSPS Subparts OOOO and OOOOa, 40 C.F.R. 60.5370(b) and 60.5370a(b), by failing to maintain and operate the NOI Facilities in a manner consistent with good air pollution control practice for minimizing emissions. b. Respondent violated NSPS Subparts OOOO and OOOOa, 40 C.F.R. 60.5395(e)(1) and 60.5395a(b)(1), by failing to use the NOI Facilities control device(s) to reduce emissions from the NOI Facilities by connecting the NOI Facilities through a closed vent system and routing emissions to a control device or to a process. c. Respondent violated NSPS Subpart OOOO, 40 C.F.R. 60.5395(e)(1), by failing to operate the closed vent systems of the NOI Facilities which all use control devices or route emissions to process and operate as closed vent systems with no detectable emissions, as determined using olfactory, visual, and auditory inspections, as required by 40 C.F.R. 60.5411(c). d. Respondent violated NSPS Subpart OOOOa, 40 C.F.R. 60.5395a(b)(1), by failing to operate the closed vent systems of the NOI Facilities which all use control devices or route emissions to process and operate as closed vent systems with no detectable emissions, as determined using olfactory, visual and auditory inspections or optical gas imaging inspections as specified in 40 C.F.R. 60.5416a(c), as required by 40 C.F.R. 60.5411a(c). e. Respondent violated NSPS Subpart OOOO, 40 C.F.R. 60.5412(d)(1)(ii), by failing to operate the flare at its storage vessel affected facility with continuously burning pilot flames. f. Respondent violated 20 N.M.A.C. 2.72.210(D) by failing to comply with the GCP Facilities permit conditions, as identified in subparagraphs 45.g - 45.h. g. Respondent violated Part A205(B) of the GCP Facilities GCP-O&G permits by failing to either limit the hydrocarbon liquid throughput and average separator pressure to the amount and pressure listed in the relevant Registration Form or, otherwise, operate a control device and/or vapor recovery unit as a closed vent system that captures and routes tank emissions to the process stream or to the control device, and does not vent to atmosphere. h. Respondent violated Part A100(F) of the GCP Facilities? GCP-O&G permits by failing Respondent to operate the GCP Facilities as specified in the Facilities' Registration Forms.

Defendants (1)

• MARATHON OIL PERMIAN, LLCNamed in complaintNamed in settlement

Facilities (7)

• MARATHON OIL PERMIAN - KYLE 34 FEDERAL #2H

  SEE LAT/LONG, MALAGA, NM, 88263

  Registry ID: 110070890818

• MARATHON OIL PERMIAN - KYLE 34 FEDERAL #2H

  SEE LAT/LONG, MALAGA, NM, 88263

  Registry ID: 110070890818

• MARATHON PERMIAN - BLUE STEEL 21 FEE CTB

  5.9 MI NE OF MALAGA, MALAGA, NM, 88263

  Registry ID: 110071092144

• MARATHON OIL PERMIAN - CASS 16 STATE 2H-3H-4H TANK BATTERY

  SEE LAT/LONG, CARLSBAD, NM, 88220

  Registry ID: 110071241051

• SWEET TEA 2H 3H 4H 5H CTB

  3.9 MI SE OF MALAGA, MALAGA, NM, 88263

  Registry ID: 110070386217

• MARATHON OIL PERMIAN - CASS 16 STATE #1H

  SEE LAT/LONG, LOVING, NM, 88256

  Registry ID: 110071241052

• MARATHON OIL PERMIAN - BLACK RIVER 10 STATE COM 2H, 4H, 5H, 6H

  SEE LAT/LONG, CARLSBAD, NM, 88220

  Registry ID: 110071241051

Statutes cited

• CAA PARTD — New Source Review Permit Requirements
• CAA 173 — New Source Review Permit Requirements

Enforcement conclusions (1)

• MARATHON OIL PERMIAN, LLC - 2020 NM PERMIAN BASIN FLYOVER CAFOentered 2024-07-25

  Primary law: CAA

  Federal penalty: $265,000

Timeline (5 milestones)

• 2024-07-17Complaint Filed/Proposed Order
• 2024-07-25Final Order Issued
• 2024-08-21Enforcement Action Data Entered
• 2025-07-25Enforcement Action Closed
• 2025-07-25Air Resolved