EPA v. WES Water Holdings-Cobra SWD Facility-2024 Flyover-CAFO With Inj Relief_FY2026

Case summary

EPA contracted helicopter flyovers of the Permian Basin between July 22, 2024, and August 19, 2024, to assess energy extraction and handling facility emissions using Optical Gas Imaging (OGI) technology. An OGI video capture for one oil and gas facility showed unburned hydrocarbon emissions from tanks. EPA Region 6 issued a Consent Agreement and Final Order (CAFO) under its authority pursuant to Section 113(d) of the Clean Air Act, 42 U.S.C. 7413(d) to WES Water Holdings LLC (WES) for the Cobra SWD Facility located near Pecos, Texas. The CAFO was issued in response to violations of the Clean Air Act (CAA) and the conditions of Texas federally approved SIP as incorporated into the Texas State Permit for the Facility: a. Respondent violated 30 Tex. Admin. Code 106.4(c) by failing to maintain the Facility emissions control equipment in good condition and properly operate such equipment. b. Respondent violated 30 Tex. Admin. Code 106.6(b) by failing to operate equipment consistent with operating procedures in the Facility certified registrations. c. Respondent violated 30 Tex. Admin. Code 106.6(c) by varying from representations in the Facility certified registrations regarding emissions at the Facility. d. Respondent violated Special Condition 10 of the Facility Title V Operating Permit which requires the permit holder to comply with the general requirements of 30 Tex. Admin. Code Chapter 106, Subchapter A, or the general requirements in effect at the time of the claim of any State Permit By Rule (PBR). The CAFO requires WES to pay a penalty as well as satisfy an injunctive relief package that includes permitting and operational reviews, site inspections, engineering assessment, monthly OGI surveys, and installation of tank pressure monitors. WES shall send a letter to EPA detailing the work completed within one (1) year from the effective date of the CAFO.

Defendants (1)

• WES Water Holdings LLCNamed in complaintNamed in settlement

Facilities (2)

• COBRA CTF AND SWDF

  678 COUNTY ROAD 427, PECOS, TX, 79772

  Registry ID: 110071091932

• COBRA CTF AND SWDF

  678 COUNTY ROAD 427, PECOS, TX, 79772

  Registry ID: 110071091932

Statutes cited

• CAA TITLE5 — Title V Permits
• CAA PARTD — New Source Review Permit Requirements

Enforcement conclusions (1)

• WES Water Holdings-Cobra SWD Facility-2024 Flyover-CAFO With Inj Relief_FY2026entered 2026-05-14

  Primary law: CAA

  Federal penalty: $71,250

Timeline (3 milestones)

• 2026-05-11Complaint Filed/Proposed Order
• 2026-05-14Final Order Issued
• 2026-05-19Enforcement Action Data Entered