EPA v. Marathon

Case summary

The United States alleges in its complaint that Marathon violated the Clean Air Act and its implementing regulations at nearly 90 oil and natural gas production facilities on the Fort Berthold Indian Reservation in North Dakota. At the facilities, Marathon failed to comply with multiple volatile organic compound emission control requirements under several New Source Performance Standards (NSPS) and the Fort Berthold Indian Reservation?s Federal Implementation Plan applicable to storage vessels located at oil and natural gas production facilities. Additionally, Marathon failed to obtain preconstruction permits under the Prevention of Significant Deterioration (PSD) program and failed to apply or timely apply for operating permits under the Clean Air Act?s Title V permit program. Under the proposed consent decree, Marathon agreed to invest $177 million to address its noncompliance for all well pads on the Fort Berthold Indian Reservation and will: Apply and obtain permits that require Marathon to limit VOC emissions to less than 100 tons per year; Install and operate flow meters and temperature monitors at flares to continuously monitor flare operation; and Install automation that shut-in production when the facility exceeds emission limits, or the flares are not operating. At all the 169 facilities subject to the consent decree, Marathon agreed to: Conduct an engineering evaluation to ensure the facility is designed to route all emissions to a control device and many facilities will have automated shut-in to prevent emissions from releasing to atmosphere; Conduct more frequent infrared camera inspections and audio, visual, and olfactory (AVO) inspections; Perform enhanced preventative maintenance; and Install tank pressure monitors. Also, Marathon agreed to mitigate past excess emissions by Purchasing two infrared cameras for the Energy Division of the Mandan, Hidatsa and Arikara Nation for use to inspect facilities for illicit VOCs on the Fort Berthold Indian Reservation; Construct new well pads in the state of North Dakota both within the exterior boundaries and outside the exterior boundaries of the Fort Berthold Indian Reservation using a lowest emitting automated facility design to substantially reduce emissions and all facilities must emit less than 100 tpy of VOCs; Replace or retrofit 870 venting pneumatic devices with zero-emission devices; and Replace approximately 49 shop-built flares with engineered flares that will achieve a greater destruction rate efficiency and reduce emissions.

Defendants (1)

• Marathon Oil CompanyNamed in complaintNamed in settlement

Facilities (1)

• HENRY CHARGING USA 41-3H; HENRY CHARGING USA 31-3TFH

  47.84655733, -102.5603305, NEW TOWN, ND, 58763

  Registry ID: 110064432118

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• Marathonentered 2024-09-17

  Primary law: CAA

  Federal penalty: $64,500,000

Timeline (5 milestones)

• 2017-09-19Referred To Dept Of Justice
• 2017-09-29Enforcement Action Data Entered
• 2024-07-11Complaint Filed With Court
• 2024-09-17Final Order Lodged
• 2024-09-17Final Order Entered