Document mbyGGr7edLB03Kp8O76X3BjB

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Region 6 1201 Elm Street, Suite 500 Dallas, Texas 75270 May 1, 2020 Trevor Gleisner Environmental Engineer - Air Diamondback E&P LLC 500 West Texas Ave, Suite 1200 Midland, TX 79701 Sent via email: tgleisner@DiamondbackEnergy.com Re: Clean Air Act Notification of Violations Dear Mr. Gleisner: The United States Environmental Protection Agency, Region 6 ("EPA") has identified Diamondback E&P LLC ("Diamondback") as having violated the Clean Air Act ("CAA") and the regulations promulgated thereunder. This Notice of Violation ("Notice") is issued to Diamondback 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, Diamondback1 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 violation(s). 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 Diamondback of potentially unauthorized emissions from facilities that EPA believed were owned/operated by Diamondback, along with an enclosed disk of OGI video captures for the facilities. For each facility, EPA asked Diamondback to verify ownership, provide current site-specific permit information, and take any necessary corrective action to address unauthorized hydrocarbon emissions. EPA considered information provided by Diamondback to determine whether violations occurred at the facilities. 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. EPA Notice of Violation Flyover of Permian Basin Energy Extraction Facilities Page 2 CAA Violations We are sending this letter to inform you of the following violations of Texas's federally approved State Implementation Plan ("SIP") at the 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 Diamondback contact Nathan Stopper, Assistant Regional Counsel, at stopper.nathan@epa.gov, or (214) 665-7534, within ten (10) business days to discuss this pending matter. EPA acknowledges that the COVID-19 pandemic may be impacting Diamondback's business. If that is the case, EPA will consider Diamondback's specific circumstances in determining an appropriate time to confer regarding this NOV. 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: 2020.05.01 14:37:39 -05'00' Cheryl T. Seager, Director Enforcement and Compliance Assurance Division Enclosure ec: Michael Miller, TCEQ (michael.miller@tceq.texas.gov) Attachment A Diamondback E&P LLC 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 Piper State 54-14 31.606337 -103.6692 RN110007648 159435 12/13/2019 PBR 106.512 [Eff 2001-06-13]; 106.492 [Eff 2000-09-04]; 9/20/19 106.352(I) [Eff 2012-11-22]; 106.359 [Eff 2013-7-26] G9m151 Pressure relief valve leak