EPA v. DIAMONDBACK E&P 2022 TX O&G FLYOVER CAFO

Case summary

EPA Region 6 issued a Consent Agreement and Final Order (CAFO) to Diamondback E&P LLC (Diamondback) located in Midland, Texas. This CAFO is brought under Section 113(d) of the Clean Air Act, 42 U.S.C. 7413(d), and Sections 22.13, 22.18, and 22.34 of the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/Termination of Suspension of Permit, as codified at 40 C.F.R. Part 22. The CAFO was issued in response to violations of Texas's federally approved State Implementation Plan (SIP). EPA alleges the following violations for the Facilities: a. Respondent violated 30 Tex. Admin. Code 116.615(2) by failing to operate equipment consistent with the operating procedures set forth in the applicable permit listed in Appendix A. b. Respondent violated 30 Tex. Admin. Code 116.615(9) by failing to ensure that equipment was maintained in good working order and operating properly during normal facility operations. c. Respondent violated TCEQ Non-Rule Standard Permit for Oil and Gas Facilities (e)(1) by failing to ensure that facilities that have the potential to emit air contaminants are maintained in good working order and are operating properly during facility operations. d. Respondent violated TCEQ Non-Rule Standard Permit for Oil and Gas Facilities (e)(11)(A) and (E) by failing to ensure that the flare is lit at all times when waste gas streams are present and that the flare tip is monitored per the specifications in 40 C.F.R. 60.18. e. Respondent violated TCEQ Non-Rule Standard Permit for Oil and Gas Facilities (e)(11)(B) by not ensuring adequate combustion at the flare. The CAFO requires Diamondback to pay a penalty as well as satisfy an injunctive relief package that includes permitting and operational reviews, site inspections, engineering assessments at the facility, monthly OGI surveys and reports to EPA, and installation of combustion control device monitoring equipment. Diamondback shall send a letter to EPA detailing the work completed within one (1) year from the effective date of this CAFO.

Defendants (1)

• Diamondback E&P LLCNamed in complaintNamed in settlement

Facilities (1)

• LB EPLEY 34-46 H

  SEE LAT/LONG, MIDLAND, TX, 79706

  Registry ID: 110071442554

Statutes cited

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

Enforcement conclusions (1)

• DIAMONDBACK E&P 2022 TX O&G FLYOVER CAFOentered 2024-09-04

  Primary law: CAA

  Federal penalty: $72,000

Timeline (3 milestones)

• 2024-09-04Final Order Issued
• 2024-09-04Complaint Filed/Proposed Order
• 2024-09-12Enforcement Action Data Entered