Wednesday, March 6, 2024

DEP Imposed $422,365 In Penalties On 14 Conventional Oil & Gas Well Operators In 2023 For Abandoning Wells, Spills, Venting Gas; 93 Operators Cited For Abandoning 271 Wells

Information provided by the Department of Environmental Protection in response to a Right To Know request shows DEP took enforcement action against 14 conventional oil and gas well operators that resulted in collecting $422,365 in penalties and bond forfeitures in 2023.

DEP took higher level enforcement actions against 15 other conventional operators for violations, including issuing Field Orders, Administrative Orders and Compliance Orders  and obtaining Court Orders, for spills, illegal disposal of waste, creating a health and safety hazards by venting gas and erosion and sedimentation BMP failures.

The actions were taken in 14 counties-- Washington (11), Greene (10), Allegheny (9), Jefferson (7), Clarion (6), Crawford (4), Warren (4), Westmoreland (4), Fayette (2), Armstrong (1), Butler (1), Forest (1), McKean (1) and Venango (1).

Click Here for list of all major enforcement actions listed by conventional oil and gas operator.

DEP issued conventional oil and gas operators a record total of 6,860 violations for all infractions of law and regulations in 2023, nearly 52% more than in 2021.  Read more here.


New Well Abandonments


DEP penalized six conventional oil and gas well operators for abandoning and not plugging wells in 2023 by either forfeiting their bonds or collecting a monetary penalty.

DEP’s information says a total of 93 conventional operators were found to be in violation of state law prohibiting well abandonment without plugging for 271 individual conventional oil and gas wells.  

This list of 93 operators and 271 wells was compiled from the Right To Know information DEP provided and information from the weekly PA Oil & Gas Compliance Dashboard published by PA Environment Digest based on weekly reviews of DEP’s oil and gas inspection reports  [Read more here].

Click Here for the list of 93 operators and their wells in violation.

Violators can be found in 23 counties, including: Venango (42), Erie (29), Washington (23), Allegheny (21), Greene (21), Westmoreland (20), McKean (16), Fayette (14), Crawford (11), Butler (9), Warren (9), Venango (42), Erie (29), Washington (23), Allegheny (21), Greene (21), Westmoreland (20), McKean (16), Fayette (14), Crawford (11), Butler (9), Warren (9), Forest (5), Beaver (4), Clarion (4), Armstrong (3), Indiana (3), Clearfield (2), Elk (2), Mercer (2), Cambria (1), Clinton (1), Lawrence (1) and Potter (1).

DEP collected $75,000 in forfeited blanket well bonds from three operators who together hold permits for 144 conventional wells.

DEP collected $140,690 in penalties for well abandonment from three other operators covering other wells.

Eleven more conventional operators were given DEP administrative orders or field orders and in one case a court order to plug wells they abandoned covering 19 other wells.

Most of the violations covered by these enforcement actions were originally issued by DEP prior to 2023.  Some go back to 2016, but the actual enforcement action took place in 2023.

In most cases, DEP issued more than one violation to get the attention of conventional operators on well abandonment after multiple inspections.

PA Environment Digest’s weekly Oil & Gas Compliance Dashboard reports in 2023, DEP issued at least 472 violations to operators for abandoning wells without plugging them.  Read more here.

One operator-- John B. Best-- was issued over 64 violations for abandoning conventional wells, all of which he ignored.

Violations include those issued through DEP inspection reports sent to operators and formal, separate notices sent to operators.

From 2017 through 2023, DEP reported well abandonment was the most frequent violation by conventional operators and issued 4,266 violations for abandoning wells without plugging them.  Read more here (2017-2021).  Read more here (2022).  Read more here (2023)

So far in 2024, DEP has issued 240 violations to conventional operators for well abandonment without plugging-- after just two months into the new year.  Read more here.


Failing Behind


In spite of these enforcement actions, DEP is still falling behind in the race to prevent new abandoned conventional oil and gas wells as fast as abandoned conventional wells are plugged.

In 2023, DEP reported plugging 169 conventional wells primarily with the additional taxpayer funding provided by the federal Bipartisan Infrastructure Law.  Read more here.

As noted above, 271 individual conventional oil and gas wells were the target of DEP’s enforcement actions for being abandoned without being plugged in 2023.


Penalties For Abandoning Wells


The six operators penalized $215,690 in 2023 for well abandonment were--

-- Allegheny Natural Resources Inc.:  Bond Forfeiture - $25,000  (2018 violations)

     -- Buck 2 - Jefferson County, Rose Twp.  [DEP inspection report]

     -- DEP’s eFACTS database shows the operator has 39 well permits

-- Amer Natural Resources, LLC:  Bond Forfeiture - $25,000 (2018-2023 violations)

     -- Minnick 1 - Allegheny County, Aleppo Twp.

     -- Minnick 2 - Allegheny County, Aleppo Twp.  [DEP inspection report]

     -- Straka 1 - Allegheny County, Glenfield Boro  

     -- Straka 2 - Allegheny County, Glenfield Boro

     -- Lenzner 1 - Allegheny County, Ohio Twp.

     -- DEP’s eFACTS database shows the operator has 50 well permits

-- Crossgates, Inc.: Civil Penalty - $75,690 (2023 violation)

     -- Gary Kelley 1 - Washington County, Washington City

     -- Unknown well operator  [inspection report not available]

-- Diversified Oil & Gas LLC: Consent Order - $40,000  (2020 violation)

      -- Beaver Refining 603490 - Washington County, South Strabane Twp. [inspection report not 

          available]

-- Riverstone Farm: Bond Forfeiture - $25,000 (2023 violations)

     -- Farm 2 - Clarion County, Richland Twp.  [DEP inspection report]

     -- CUB FX 85 - Clarion County, Richland Twp.

     -- CUB FX 86 - Clarion County, Richland Twp.

     -- CUB FX 87 - Clarion County, Richland Twp. 

     -- DEP eFACTS database shows the operator has 55 well permits

-- Shanabarger, Williams M.:  Court Order - $25,000 (2023 violation)

     -- Pollack 1 - Warren County, Columbus Twp.  [DEP inspection report

        [also STK Investments LLC]


Other Well Abandonment Orders & Agreements


Eleven other operators were issued orders by DEP or a court to plug wells found to be abandoned and not plugged--

-- Alpha Wells, Inc.:  Court Order (2020 violations)

     -- TW Phillips 1 - Clarion County, Monroe Twp.  [DEP inspection report]

-- Dannic Energy Corp: Administrative Orders-- (2022 violations)

     -- Cupec 1 - Butler County, Fairview Twp.  [DEP inspection report]

     -- Buchanan 1 - Crawford County, Athens Twp.

-- Economy Natural Gas Inc.:  Field Order (2021 violations) [Operator did not comply]

     -- Nixon 501-1 - Allegheny County, Scott Twp., 

-- EJ Brumage & Pultorak:  Field Order (2022 violations)

     -- Rinkhoff 1 - Greene County, Wayne Twp. [DEP inspection report]

-- EQT Production Co.: Consent Orders--

     -- Schall 1214 - Armstrong County, Kittanning Twp. (2016 violations)  [reports not available]

     -- ETUX 662-2 - Washington County, Nottingham Twp. (2020 violations)

-- EXCO Resources PA LLC 

     -- Abandonment violation issued to create record of EXCO’s Plugging Consent Order, no location

-- Michael Harju: Administrative Orders-- (2021 violations)  [Operator did not comply]

     -- Nixon 501-3 - Allegheny County, Scott Twp. 

     -- Nixon 501-4 - Allegheny County, Scott Twp.

     -- Charter 502-1 - Allegheny County, Scott Twp. 

     -- Markle 1 662 - Clarion County, Limestone Twp. - Orphan Well

-- Iron Pennsylvania Land LLC: Administrative Orders-- (2023 violations)

     -- Grimes 3603 - Greene County, Jackson Twp.  [inspection reports not available]

     -- Gilbert 3581 - Greene County, Jackson Twp.

-- Keystone Land Resources, Inc.: Administrative Order 

     -- McCracken 603404 - Greene County, Aleppo Twp. [inspection report not available]

-- Leatherwood, LLC: Administrative Order (2023 violations)

     -- Conger 237 - Washington County, Morris Twp. [inspection report not available]

-- Prosperity Oil Co. Inc.: Administrative Orders--  (2021 violations) [Operator did not comply]

     -- AB Donaldson 3 - Washington County, Hanover Twp.

     -- SB Donaldson 3 - Washington County, Hanover Twp.

     -- SB Donaldson 2 - Washington County, Hanover Twp.


Other Penalties Assessed On Conventional Operators


In 2023, DEP collected $206,675 in penalties from eight other conventional operators for other kinds of violations, primarily dealing with erosion and sedimentation BMP failures and spills.

One operator alone-- Diversified Oil & Gas LLC-- accounted for penalties of $106,325.

The operators include--

-- Armac Resources LLC: Consent Assessment - $3,500  (2022 violations)

     -- Arnold 2 - Warren County, Warren City - Oil Discharge, Failure to notify DEP  [DEP inspection report]

-- Bull Run Resources LLC ; Consent Assessment - $3,500 (2022 violations

     -- Sheriff Run 8 - Warren County, Cherry Grove Twp. - Sediment Discharge  [DEP inspection report]

-- CNX Gas Co LLC Consent Assessments - 

     -- $2,500 - Tarr GH35 Coal Methane - Greene County, Gray Twp. -  Spill (2021 violations [DEP inspection report]

     -- $2,500 - Goodwin GH31 - Greene County, Center Twp. - Spill  (2022 violations) [DEP inspection report]

-- Dannic Energy Corp: Consent Assessment - $7,500 (2022 violations)

     -- Donor 1W31 - Crawford County, Athens Twp. - Waste Dumping  [DEP inspection report]

-- Diversified Oil & Gas LLC/ Diversified Production LLC

     -- Civil Penalty - $31,150 - Newcomer 1 - Fayette County, Redstone Twp. - Venting Gas (2019 violations)  [DEP inspection report]

     -- Civil Penalty - $8,000  ($0 collected)- Waters 10 - Fayette County, Luzerne Twp. - E&S  BMP failure (2019 violations)  [DEP inspection report]

     -- Civil Penalty - $18,400 - Elgin 1 - Westmoreland County, Allegheny Twp. - Venting Gas    (2020 violations)  [DEP inspection report]

     -- Civil Penalty - $10,250 ($0 collected)- Lemon 3 - Westmoreland County, Loyalhanna Twp. - E&S BMP Failure (2021 violations)  [DEP inspection report]

     -- Civil Penalty - $10,000 ($0 collected)- Conrad 6 - Westmoreland County, Saint Clair Twp. -  Failure to dispose of waste properly (2021 violations)  [DEP inspection report]

     -- Civil Penalty - $8,850 - Jones 12 - Greene County, Cumberland Twp. - Failed To Operate Well To Meet Regulations  (2023 violations)  [DEP inspection report]

     -- Civil Penalty - $7,700 - Mikalik 2 - Greene County, Dunkard Twp. - Failed To Maintain  Structurally Sound Waste Pits (2023 violations)  [DEP inspection report]

     -- Consent Assessment - $5,150 - Fetterman 1 - Jefferson County, Young Twp. - E&S BMP  Failure (2013 violations)  [DEP inspection report]

     -- Consent Assessment - $1,855 - Catalano WN1563 - Jefferson County, McCalmont Twp. -  E&S BMP Failure (2023 violations)  [DEP inspection report]

     -- Consent Assessment - $1,610 - Jordan 200A1 - Jefferson County, Oliver Twp. - E&S BMP  Failure (2023 violations)  [DEP inspection report]

     -- Consent Assessment - $2,680 - Rochester 10 - Jefferson County, Winslow Twp. - E&S  BMP  Failure (2023 violations)  [DEP inspection report]

     -- Consent Assessment - $680 - Craft 1 - Jefferson County, Gaskill Twp. - E&S BMP Failure  (2023 violations)  [DEP inspection report]

-- Equitrans LP: Civil Penalty - $47,100 (2020 violations)

     -- HUPP 3660 (Pratt Storage Area) - Greene County, Morgan Twp. - Failure To Operate Well  To Meet Regulations   [DEP inspection report]

-- Iron Cumberland LLC: Consent Assessment - $28,250 (2021 violations)

     -- Grove 85 - Greene County, Center Twp. - E&S BMP  Failure   [DEP inspection report]

-- PennHills Resources LLC: Consent Assessment - $5,500 (2022 violations)

     -- WT 5573 W318 - McKean County, Hamilton Twp. -  Wastewater Release  [DEP inspection report]


Stronger Laws, Enforcement Need


In October 2023, at an event marking the plugging of the 100th conventional well last year, Gov. Shapiro said--

“My administration is holding companies that walk away from unplugged wells accountable. 

“I've directed the Department of Environmental Protection to take any and all necessary enforcement actions against these companies to be able to recover what we can from them to support this important work.

“We will aggressively pursue these operators that abandon their responsibilities and do our best to make sure they pay what they owe. 

“Taxpayers shouldn't have to foot the bill just because a company thought it could get away with cutting corners, whether that's taxpayers at the federal level or state level. 

“It should be the corporate greedy folks who are held accountable, not the taxpayers.”

In response to a question from the media, Gov. Shapiro said this on the need for stronger state environmental laws--

“I'd like to see our state laws be much stronger when it comes to being able to tackle pollution and contamination left behind by greedy executives.

“Look, I was Attorney General for six years prior to being governor, I haven't met too many greedy corporate executives who are happy to pay up, but I'm pretty damn dogged. 

“We will go after them and we will hold them accountable to the fullest extent of the law.

“You are correct in identifying the fact that our laws could be strengthened, that the dollars required when industry comes in for bonding and what have you, should be increased and we need to do a better job going forward in Pennsylvania to hold polluters accountable and to make sure that that imbalance that exists between the power of corporations and the power of the people gets rebalanced. 

“That's something I've focused on throughout my whole career, and I'm going to continue to do that work as governor.” Read more here.


Report Violations


To report oil and gas violations or any environmental emergency or complaint, visit DEP’s Environmental Complaint webpage.


Check These Resources


Visit DEP’s Compliance Reporting Database webpage to search their compliance records by date and operator and the Inspection Reports Viewer.

Sign up for DEP’s eNOTICE service which sends you information on oil and gas and other permits submitted to DEP for review in your community.

(Photos: Row 1- Armac Resources LLC oil well discharge; CNX Gas Co. LLC wastewater pipeline break;  Diversified Prod Co. uncontrolled gas venting; Row 2-  Diversified Prod Co. wastewater tank leaks; Bull Run Resources, LLC. sediment discharge;  PennHills Resources LLC leaking wastewater tank valve)


[Note: If you believe your company was listed in error, contact DEP’s Oil and Gas Program.]

[Note: These may not be all the NOVs issued to oil and gas companies during this time period.  Additional inspection reports may be added to DEP’s Oil and Gas Compliance Database.]


2023 Oil & Gas Compliance Reports:

-- DEP Issued At Least 512 Violations To 95 Conventional Oil & Gas Operators For Abandoning Wells Without Plugging Them In 2023; 10 Shale Gas Operators Were Issued NOVs For Abandoning Wells  [PaEN]

-- DEP Issues Record 6,860 Notices Of Violation To Conventional Oil & Gas Operators In 2023-- Nearly 52% More Than In 2021; ‘Culture Of Non-Compliance’ Continues  [PaEN]

-- 2023 Shale Gas Operator Compliance Report: 1,310 Violations; Explosions; Pad Fire, Evacuation; Uncontrolled Gas Venting; Frack-Outs; Polluting Water Supply; Spills; Pipeline Crashing Thru A Home; More  [PaEN]

-- PA Environment Digest: Articles On Oil & Gas Facility Impacts

PA Weekly Oil & Gas Industry Public Notice Dashboards:

-- PA Oil & Gas Weekly Compliance Dashboard - March 2 to 8 - 119 Conventional Well Abandonment Violations; Pipeline Land Slips; Ignored Orders  [PaEN]  

-- PA Oil & Gas Industrial Facilities: Permit Notices, Opportunities To Comment - March 9 [PaEN] 

-- DEP Posted 69 Pages Of Permit-Related Notices In March 9 PA Bulletin  [PaEN]  

Related Articles This Week - Gas:

-- DEP Oil & Gas Advisory Board Meets March 19 On Drinking Water Supply Impacts From Drilling; New Financial Assurance Strategies To Prevent Abandonment; Draft Spill Policy; Injection Well Primacy; Much More  [PaEN]  

-- DEP Imposed $422,365 In Penalties On 14 Conventional Oil & Gas Well Operators In 2023 For Abandoning Wells, Spills, Venting Gas; 93 Operators Cited For Abandoning 271 Wells  [PaEN]  

-- DEP Declares 101 Medina Res Dev Co. LLC Conventional Oil & Gas Wells Abandoned, Not Plugged In Crawford, Erie Counties On March 5  [PaEN] 

-- New Reporting On The Uncontrolled Impacts Of Shale Gas Industry: The ‘Poisons Are Still Going Through My System;’ Roar, Fire From Gas Flares; Nothing Has Changed In 15 Years  [PaEN] 

-- US Senators Introduce Bill To Ban US LNG Gas Sales To Any Entity Under The Control Of Communist China To Protect US Jobs; Americans From Price Spikes; EQT Says We Have A ‘Duty’ To Provide LNG Gas To China; Where Do AMERICAN Interests Lie?  [PaEN] 

-- Marcellus Drilling News: ‘Selling Oil And Natural Gas To China?’ ‘It Simply Should Not Happen, Period’  [PaEN] 

-- Stars and Stripes Guest Essay: Pause On Permits For New LNG Gas Export Facilities Right Move For National Security - Rivals Like China Are Using US LNG To Build Influence - By Steve Anderson, US Army Brigadier General - Retired  [PaEN] 

-- EPA Region III Issues Formal Notice With Instructions On Appealing Penneco Oil & Gas Wastewater Injection Well In Allegheny County  [PaEN] 

-- DEP Reports Progress On Permitting Reform; Reduces Permit Backlog By 41%  [PaEN]

NewsClips This Week - Gas:

-- WTAE: Concerns Over Flaring, Fracking In Cecil Twp., Washington County 

-- The Energy Age Blog: What Flaring At A Shale Gas Well Pad Looks Like From Your Bedroom Window, Same As It Did 15 Years Ago  [Welcome To Washington County] 

-- WTAE: Concerns Mounting Over Gas Leaks In Cecil Twp. Columbia Gas System In Washington County 

-- Reading Eagle: Kutztown Post Office Evacuated After Gas Leak

-- Warren Times: Company Confirms Malfunction At United Refinery Releases ‘Silica Material’ Coating Homes, Vehicles 

-- Erie News Now: United Refining Release Of Silica Dust Causes Concern In Warren [Video]

-- The Allegheny Front/PublicSource: Pittsburgh-Based EQT Gas Drilling Expansion In WV Sent 4 Families Reeling, While State Regulators Trusted The Company To Answer Their Complaints 

-- Reuters: Pittsburgh-based EQT To Reduce Gas Production Through March On Low Prices

-- Bloomberg: Natural Gas Prices Jump As EQT Slashes Output To Fight Glut 

-- LancasterOnline: Why UGI Gas Rates Going Down - Glut Of Gas, Mild Winter Lowering International Gas Prices

-- Post-Gazette - Anya Litvak: Hearing Begin On Proposed Peoples Natural Gas Rate Increase Of Up To 21.4%

-- Post-Gazette Guest Essay: A Rescue Plan For American Energy And The Environment- Unleash Gas Production, Expand LNG Exports - By Dave McCormick, Republican US Senate Candidate  [No Support For Limiting LNG Exports To China ]

-- Williamsport Sun Guest Essay: Pennsylvania Needs To ‘Get Smarter’ About Natural Gas Production - PA Making Times Tougher On Natural Gas, Coal Industries - By Rep. Joe Hamm (R)     

-- Williamsport Sun Guest Essay: State Legislators Need To Become Better Informed About All Energy Issues - By Ralph Kisberg, Responsible Drilling Alliance

[Posted: March 6, 2024]  PA Environment Digest

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