POLLUTERS TO PAY FOR ILLEGAL FRACKING ACTIVITIES: XTO Energy, Inc. to Restore Areas Damaged by Natural Gas Extraction Activities

FOR IMMEDIATE RELEASE
December 22, 2014
XTO Energy, Inc. to Restore Areas Damaged by Natural Gas Extraction Activities

WASHINGTON – The U.S. Environmental Protection Agency (EPA) and the Department of Justice (DOJ) announced today that XTO Energy, Inc. (XTO), a subsidiary of ExxonMobil and the nation’s largest holder of natural gas reserves, will spend an estimated $3 million to restore eight sites damaged by unauthorized discharges of fill material into streams and wetlands in connection with hydraulic fracturing operations. XTO will also implement a comprehensive plan to comply with federal and state water protection laws at the company’s West Virginia oil and gas extraction facilities that use horizontal drilling methods.

The company will also pay a civil penalty of $2.3 million for violations of Section 404 of the Clean Water Act (CWA), which prohibits the filling or damming of wetlands, rivers, streams, and other waters of the United States without a permit from the U.S. Army Corps of Engineers (Corps). The settlement resolves alleged violations of state law asserted by the West Virginia Department of Environmental Protection (WVDEP). The state of West Virginia is a co-plaintiff in the settlement and will receive half of the $2.3 million civil penalty. 

“American communities expect EPA and our state partners to make sure energy development is done responsibly,” said Cynthia Giles, assistant administrator of EPA’s Office of Enforcement and Compliance Assurance. “This case will help to protect clean water in West Virginia, and support a level playing field for energy developers that play by the rules.” 

“The extraction of domestic energy resources is vitally important, and so it is equally important that companies ensure that all activities are done in accordance with the nation’s environmental laws,” said Sam Hirsch, the acting assistant attorney general for the DOJ’s Environment and Natural Resources Division. “This settlement will resolve allegations that XTO damaged wetlands and streams by illegally discharging dredge and fill materials into streams, and restore wherever possible these damaged natural resources.”

The federal government and the WVDEP allege that the company impacted streams and discharged sand, dirt, rocks and other fill material into streams and wetlands without a federal permit in order to construct well pads, road crossings, freshwater pits, and other facilities related to natural gas extraction. Today’s settlement resolves the alleged violations that occurred at eight sites located in the West Virginia counties of Harrison, Marion and Upshur. The federal government and WVDEP allege that the violations impacted more than 5,300 linear feet of stream, and 3.38 acres of wetlands.

The settlement requires the company to fully restore the wetlands and streams wherever feasible, monitor the restored sites to assure the success of the restoration, and implement a comprehensive compliance program to ensure future compliance with the CWA and applicable state law.     
      
EPA discovered some of the violations through information provided by the state and through routine joint inspections conducted with the Corps, who actively supported EPA and DOJ in this case. In addition, the company voluntarily disclosed potential violations at five of the sites following an internal audit. Beginning in 2011, EPA issued administrative compliance orders for violations at all eight sites. Since that time, the company has been working with EPA to correct the violations and restore those sites in full compliance with EPA’s orders.  

In July 2013, the United States concluded a settlement with XTO to resolve an alleged violation of the Clean Water Act related to the discharge of wastewater from XTO’s Penn Township, Lycoming County, Pa., facility used for the storage of wastewater generated by hydraulic fracturing operations.   
                
Ensuring energy extraction activities comply with environmental laws is one of EPA’s National Enforcement Initiatives. Filling wetlands illegally and damming streams can result in serious environmental consequences. Streams, rivers, and wetlands benefit the environment by reducing flood risks, filtering pollutants, recharging groundwater and drinking water supplies, and providing food and habitat for aquatic species. Improving compliance with the Corps’ permit requirements and Clean Water Act regulations developed by EPA helps to prevent violations and environmental harm.  

XTO engages in the exploration and production of natural gas in the Appalachian Basin. The company has Marcellus Shale holdings in Pennsylvania, New York, Ohio and West Virginia. 

For more information about the permitting process under Section 404 of the Clean Water Act, visit http://water.epa.gov/lawsregs/guidance/cwa/dredgdis/. 

The consent decree, lodged today in the Northern District of West Virginia, is subject to a 30-day public comment period and court approval.

For more information about the settlement: http://www2.epa.gov/enforcement/xto-energy-inc-settlement-2014 

BUFFALO AREA IS DECLARED A DISASTER AREA FOLLOWING THE HISTORIC LAKE SNOW EFFECT STORMS

President Declares Disaster for New York State

 

Main Content

Release date: 

December 22, 2014

Release Number: 

HQ-14-99

WASHINGTON, D.C. – The U.S. Department of Homeland Security's Federal Emergency Management Agency announced that federal disaster aid has been made available to the state of New York to supplement state, local and tribal recovery efforts in the area affected by a severe winter storm, snowstorm, and flooding during the period of November 17-26, 2014.

The President's action makes federal funding available to state and eligible local and tribal governments and certain private nonprofit organizations on a cost-sharing basis for emergency work and the repair or replacement of facilities damaged by the severe winter storm, snowstorm, and flooding  in the counties of Cattaraugus, Chautauqua, Erie, Genesee, Jefferson, Lewis, Orleans, St. Lawrence, and Wyoming.

In addition, federal funding is available to the state and eligible local governments on a cost-sharing basis for snow assistance for a continuous 48 hour period during or proximate to the incident period in Erie, Genesee, and Wyoming counties.

Federal funding is also available on a cost-sharing basis for hazard mitigation measures statewide.

OSHA CITES ROBERTSON INCORPORATED BRIDGE AND GRADING DIVISION AFTER 16-YEAR-OLD LABORER DIES AT DELTA, MISSOURI, CONSTRUCTION SITE. WAGE AND HOUR DIVISION ASSESSES COMPANY PENALTIES FOR VIOLATING CHILD LABOR LAW

OSHA cites Robertson Incorporated Bridge and Grading Division after 16-year-old laborer dies at Delta, Missouri, construction site. Wage and Hour Division assesses company penalties for violating child labor law

Dec. 22, 2014

OSHA cites Robertson Incorporated Bridge and Grading Division after 16-year-old laborer dies at Delta, Missouri, construction site. Wage and Hour Division assesses company penalties for violating child labor law 

DELTA, Mo. — A 16-year-old laborer was fatally struck by the swinging cab and boom of a crane being disassembled by Robertson Incorporated Bridge and Grading Division at a construction site in Delta on June 18, 2014. A U.S. Department of Labor Occupational Safety and Health Administration investigation found the crane operator was unaware that the teen was directed to stand in an inadequately marked danger zone. The teen also was not provided required protective headgear. OSHA cited the company for 13 serious safety violations.

“This is a tragic death involving a teenager who should not have been allowed to work on the job site. Clearly, the law prohibits children from being involved in the disassembly of heavy-duty construction machinery,” said Bill McDonald, OSHA’s area director in St. Louis. “Robertson Incorporated Bridge has a responsibility to train workers in hazards, adequately mark hazardous operations areas and provide competent supervision and protective equipment.”

In addition to the struck-by hazard that resulted in this young man’s death, OSHA’s investigation found a lack of employee hazard recognition training contributed to the fatality. The company also failed to document required inspections of the crane’s wire rope and hook.

OSHA found multiple safety violations that included worker exposure to fall hazards of nearly 7 feet from unguarded machine platforms and failure to implement procedures, such as machine guarding that protects workers from contacting operating machinery parts, exposing workers to serious amputation risks and hazards. These violations are among the most frequently cited violations by OSHA and put workers at risk for amputation and injuries. Robertson Incorporated Bridge also failed to inspect portable fire extinguishers or train employees in their use.

A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

OSHA has proposed penalties of $44,730.
The department’s Wage and Hour Division also assessed civil money penalties of $11,000 for violating Hazardous Order Number 7, which prohibits minors under age 18 from operating or assisting in the operation of power-driven hoists.

Robertson Incorporated Bridge has 15 business days from receipt of its citations and penalties to comply, request an informal conference with OSHA’s area director, or contest the findings before the independent Occupational Safety and Health Review Commission.
To ask questions, obtain compliance assistance, file a complaint, or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA’s toll-free hotline at 800-321-OSHA (6742) or the agency’s St. Louis Area Office at 314-425-4249.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions exist for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

PADEP FINES VANTAGE ENERGY NEARLY $1 MILLION FOR LANDSLIDE AND ILLEGAL WASTE DISPOSAL AT GREENE COUNTY WELL PAD.

paDEP Fines Vantage Energy Nearly $1 Million for Landslide and ILLEGAL WASTE DISPOSAL at Greene County Well Pad.

COMMONWEALTH OF PENNSYLVANIA
Dept. of Environmental Protection
Commonwealth News Bureau
Room 308, Main Capitol Building
Harrisburg PA., 17120

FOR IMMEDIATE RELEASE

12/22/2014

CONTACT:

John Poister, DEP Southwest Regional Office

412-442-4203

DEP Fines Vantage Energy Nearly $1 Million for Landslide and Other Problems at Greene County Well Pad.

PITTSBURGH -- The Department of Environmental Protection (DEP) has signed a Consent Order and Agreement with Vantage Energy Appalachia, LLC, fining the company $999,900 for more than a dozen violations of environmental regulations stemming from a landslide and illegal waste disposal at their Porter Street well pad in Franklin Township, Greene County, earlier this year. 

On January, 16, 2014, DEP learned that landslide occurred at the well pad the previous day. DEP inspectors immediately responded and noted that the slide impacted the side of the well pad and had dropped about 40 feet downslope to where it encroached upon two streams.

The slide continued to grow substantially and eventually covered the two streams. DEP threatened to order a shutdown of all activity on the well pad. In response, the company, on March 28, agreed to voluntarily stop drilling operations and to make interim action to prevent further movement of the slide. DEP cited the company for numerous violations of the state’s Oil and Gas Act and Clean Streams Law.  

On July 14, Elite Well Services, a Vantage contractor, dumped two truckloads (about 200 barrels) of drilling wastewater down the side of the well pad where the interim stabilization activities were occurring. The wastewater impacted the landslide area being restored and ended up in the streams originally impacted by the slide.  DEP again cited the company for further violations of various environmental statutes including the Oil and Gas Act.

On July 21, the company submitted a notice of its intent to remediate the soils, surface water and groundwater impacted by release of the wastewater. But, even as they began those efforts, DEP learned that Vantage had constructed a new access road along the streams impacted by the slide and the waste discharge. The construction was not authorized under the company’s erosion and sediment permit.  The company was cited again.

On December 16, Vantage and DEP signed the Consent Order and Agreement (COA) that establishes enforceable milestones for Vantage to correct the violations at the well site and requires the full restoration of impacted streams and wetlands, permanent stabilization of the well pad, and remediation of the soils, surface water and groundwater impacted by the illegal disposal of the wastewater.
“These violations resulted in significant damage to our natural resources and this action is in direct response to the seriousness of the violations,” John Ryder, Director of District Oil and Gas Operations for DEP said. “To its credit, Vantage has begun to make a genuine effort to better manage and operate their well sites. The company has hired an independent consultant to conduct an environmental audit of all of their well sites in Pennsylvania and the company is now fully cooperating with DEP.” 

By signing the COA, the company also agreed to the $999,900 fine, one of the largest imposed on a driller by DEP this year. The COA also stipulates further penalties if project deadlines are not met. As part of the agreement, the company will also provide written “progress reports” detailing the actions taken during each period to comply with the requirements of the COA. The company must complete all the work on the site, meeting all DEP regulations, by December, 31, 2015.

DEP ANNOUNCES $800,000 SETTLEMENT AGAINST TENNESSEE GAS PIPELINE COMPANY FOR VIOLATIONS IN PIPELINE CONSTRUCTION

DEP Announces $800,000 Settlement against Tennessee Gas Pipeline Company for Violations in Pipeline Construction

FOR IMMEDIATE RELEASE

12/22/2014

CONTACT:

Colleen Connolly, DEP Northeast Regional Office

570-826-2035

DEP Announces $800,000 Settlement against Tennessee Gas Pipeline Company for Violations in Pipeline Construction

Portion of the Penalty Involves Clean-up of Illegal Dumpsites in Four Counties

WILKES-BARRE -- The Department of Environmental Protection (DEP) today announced a settlement with Tennessee Gas Pipeline Company, LLC (TGP) for multiple violations of the Clean Streams Law during the construction of a natural gas pipeline in 2011 and 2012 through four counties in northeast and north-central Pennsylvania. The violations occurred during construction of the company’s “300 Line Project.”

According to the agreement, TGP will pay a penalty of $210,000 and will fund a $540,000 clean-up program of illegal dumpsites in Pike, Potter, Susquehanna and Wayne Counties. The fund will be administered by the Pennsylvania Environmental Council over a four year period. TGP has also agreed to pay cost recovery monies to four Conservation Districts and the Department in the amount of $50,002.

“This civil penalty is two-fold in its benefit to the public,” DEP Northeast Regional Director Mike Bedrin said. “It eliminates unsightly and illegal dumpsites that are problematic for many communities across the state and it directs more money into the Pennsylvania Clean Water fund, which is designed to protect the waterways of the commonwealth.”

The Pennsylvania Clean Water Fund supports educational and environmental programs that benefit clean water efforts.
During 73 inspections of the “300 Line Project,” inspectors with the Potter, Susquehanna, Wayne and Pike County Conservation Districts discovered violations including the discharge of sediment pollution into the waters of the commonwealth, some of which are protected as “High Quality” or “Exceptional Value Waters,” and failure to implement required construction best management practices to protect water quality.

The clean-up project will provide a substantial public health, safety and environmental benefit; and outside of this agreement, the project is not something that TGP is otherwise legally required to do.