Document YGxRrkqrpYNX3mQG21xDn3Nzy

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 1201 ELM STREET, SUITE 500 DALLAS, TEXAS 75270 June 26, 2020 Jay Westre Midstream Operations Manager APC Water Holdings I, LLC 831 S. East Avenue Kermit, Texas 79745 Sent via email: Jay.Westre@westernmidstream.com Re: Clean Air Act Notification of Violations Dear Mr. Westre: The United States Environmental Protection Agency, Region 6 ("EPA") has identified APC Water Holdings I, LLC ("APC") as having violated the Clean Air Act ("CAA") and the regulations promulgated thereunder. This Notice of Violation ("Notice") is issued to APC for violations of the CAA, 42 U.S.C. 7401 et seq., at the energy extraction facility listed in the summary table in the Enclosure (the "Facility"). Specifically, APC1 has violated the conditions of the Texas State Permit listed in the Enclosure. This Notice is issued pursuant to Section 113(a)(1) of the CAA, 42 U.S.C. 7413(a)(1), which requires the Administrator of the EPA to notify any person in violation of a State Implementation Plan or permit of the violations. The authority to issue this Notice has been delegated to the Director of the Enforcement and Compliance Assurance Division, EPA Region 6. EPA contracted helicopter flyovers for a portion of the Permian Basin during September 10, 2019, through October 3, 2019, to assess emission sources using Optical Gas Imaging ("OGI") technology. On November 26, 2019, EPA sent a letter informing Anadarko E&P Onshore, LLC ("Anadarko") of potentially unauthorized emissions from facilities that EPA believed were owned/operated by Anadarko, along with an enclosed disk of OGI video captures for the facilities. For each facility, EPA asked Anadarko to verify ownership, provide current site-specific permit information, and take any necessary corrective action to address unauthorized hydrocarbon emissions. In response, Western Midstream Partners, LP ("WES") provided written communication to EPA on December 20, 2020, stating that Occidental Petroleum Corporation acquired Anadarko and its related entities in August 2019, and that APC was the owner/operator of the facility previously attributed to Anadarko. EPA reviewed this communication and all other information provided by WES to determine whether violations occurred at the facility. 1 Please be advised that some companies may qualify as a "small business" under the Small Business Regulatory Enforcement and Fairness Act ("SBREFA"). The U.S. Small Business Administration has established a Table of Small Business Size Standards, which can be found at: http://www.sba.gov/sites/default/files/Size_Standards_Table.pdf. The SBREFA Information Sheet provides information on compliance assistance to entities that may qualify as small businesses as well as to inform them of their right to comment to the SBREFA Ombudsman concerning EPA enforcement activities. The SBREFA Information Sheet can be found at: http://nepis.epa.gov/Exe/ZyPDF.cgi/P100BYAV.PDF?Dockey=P100BYAV.PDF. CAA Violations We are sending this letter to inform you of the following violations of Texas's federally approved State Implementation Plan ("SIP") at APC's Facility: 1. Failure to comply with general requirements located at 30 Tex. Admin. Code 106.4(c), 106.6(b) and (c). Please review the information we have provided in the Enclosure. Opportunity to Confer This Notice provides you with the opportunity to confer with EPA. We request APC contact Alex Roland, Assistant Regional Counsel, at Roland.Alexandrea@epa.gov or (214) 665-2753 within ten (10) business days to discuss this pending matter. EPA acknowledges that the COVID-19 pandemic may impact your business. If that is the case, please contact us regarding any specific issues you need to discuss. Sincerely, Digitally signed by CHERYL SEAGER DN: c=US, o=U.S. Government, ou=Environmental Protection Agency, cn=CHERYL SEAGER, 0.9.2342.19200300.100.1.1=68001003651793 Date: 2020.06.26 16:22:32 -05'00' Cheryl T. Seager, Director Enforcement and Compliance Assurance Division Enclosure ec: Michael Miller, TCEQ (michael.miller@tceq.texas.gov) Jason Zapalac, WES (Jason.Zapalac@westernmidstream.com) Attachment A APC Water Holdings Site Identity LAT LONG TCEQ Regulated Entity No. Permit Number Permit Date Permit Type Flyover Date Flyover Video ID EPA Team Observations of Flyover Video Capture Bronco Salt Water Disposal Facility 31.90386 -103.715121 RN110855632 158450 9/18/2019 PBR APD-CERT 106.351 {Eff 2000-9-4}; 106.492 {Eff 9/18/19 2000-09-04}; 106.359 {Eff 2013-09-10} G6m129 Pressure relief valve leak