The United States Environmental Protection Agency (“EPA”) and WES Water Holdings, LLC (“WES”) entered into a May 14th Consent Agreement (“CA”) alleging violations of Clean Air Act regulations. See Docket NO. CAA-06-2026-3303.
The CA provides that WES owns and/or operates a saltwater disposal facility in Reeves County, Texas.
The facility is stated to emit Volatile Organic Compounds ("VOCs") and is subject to the State of Texas's Permits by Rule program for oil and gas facilities under Subchapter O of Chapter 106 of the Texas Administrative Code.
EPA is stated to have 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 technology. Flyovers of the WES facility are stated to have been conducted on August 15, 2024. Multiple tank emissions at WES's Cobra saltwater disposal facility were observed.
WES is stated to have provided information to EPA on February 21, 2025, and March 4, 2025, regarding corrective actions that were completed at the Facility to address some of the compliance issues observed during the flyovers.
The CA alleges the following violations:
- Violated 30 Tex. Admin. Code § 106.4(c) by failing to maintain the Facility's emissions control equipment in good condition and properly operate such equipment.
- Violated 30 Tex. Admin. Code § 106.6(b) by failing to operate equipment consistent with operating procedures in the Facility's certified registrations.
- Violated 30 Tex. Admin. Code § 106.6(c) by varying from representations in the Facility's certified registrations regarding emissions at the Facility.
- Violated Special Condition 10 of the Facility's Title V Operating Permit which requires the permitholder 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").
WES neither admits nor denies the specific factual allegations contained in the CA.
A civil penalty of $71,250 is assessed.
A copy of the CA can be found here.
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