Public Notice: Proposed Settlement with Wapiti Energy, LLC for Underground Injection Control and Safe Drinking Water Act Violations in Uintah County, UT
Summary
EPA is providing notice of an opportunity for the public to comment on a proposed Consent Agreement with an administrative civil penalty assessment against Wapiti Energy, LLC (Wapiti). In the Consent Agreement, EPA alleges Wapiti is in violation of the Safe Drinking Water Act’s (SDWA) Underground injection Control (UIC) requirements with respect to two Class II injection wells on the Uintah and Ouray Indian Reservation within Uintah County, Utah.
Background
Wapiti Energy, LLC operates two Class II injection well on the Uintah and Ouray Indian Reservation within Uintah County, Utah, listed in the table below:
| Name | North Alger 1-34 SWD Natural Buttes field | RBU 1-10D Seep Ridge field |
|---|---|---|
| EPA Permit # | UT22301-10483 | UT22291-10328 |
| Location Coordinates | Latitude 39.908230, Longitude -109.761100 | Latitude 39.963390, Longitude -109.872460 |
EPA has alleged that Wapiti:
- Exceeded the maximum allowable injection pressure on 20 separate dates from March 20, 2023, to January 24, 2024, for the North Alger 1-34 well, in violation of the well’s permit under Part II.C.3.a, Appendix C, and its October 19, 2021, permit modification.
- Failed to timely and accurately submit 2023 annual monitoring reports for both wells, in violation of the wells’ permits under Part II.D.4 & Appendix D.
- Failed to accurately submit 2024 annual monitoring reports for both wells, in violation of the wells’ permits under Part II.D.4 & Appendix D.
- Failed to notify EPA within 24 hours after a loss of mechanical integrity for the RBU 1-10D well and failed to provide EPA a follow-up written report within five days of losing mechanical integrity in violation of the well’s permit under Part II.B.4.
Under the proposed Consent Agreement, Wapiti has agreed to pay a civil administrative penalty of $50,070 to resolve its civil penalty liability for these alleged violations.
The addresses of EPA and Wapiti are listed below:
EPA
EPA Region 8, 1595 Wynkoop Street, Denver, CO 80202-1129. Suzanne Bohan, EPA Region 8’s Enforcement and Compliance Assurance Division Director, is identified in the Consent Agreement as the Complainant.
The Respondent
Wapiti Energy, LLC, 1251 Lumpkin Rd., Houston, TX 77043. Wapiti is identified in the Consent Agreement as the Respondent.
EPA is authorized under section 1423 of the SDWA, 42 U.S.C. § 300h-2(c) to issue an order assessing a civil administrative penalty for violations of the SDWA and its implementing regulations, after providing: (1) an opportunity for the person to be assessed the penalty to request a hearing to contest the penalty, and (2) notification to the public of the proposed penalty and its rights to submit written comments and to participate in a penalty proceeding (hearing), if any.
Public Comments
EPA encourages the public to comment on the proposed Consent Agreement. The proposed Consent Agreement will be available for public review for a comment period of 30 days after the publication of this notice. After the close of this comment period, EPA will, if appropriate in view of any comments received, file the proposed Consent Agreement and seek entry of an order approving the Consent Agreement. The order, if any, would be issued at least ten (10) days after the close of the public comment period and at least forty (40) days after publication or posting of this notice, in accordance with 40 C.F.R. § 22.45(b) and (c)(3). The proposed Consent Agreement is available for review by contacting the person listed in the For Further Information section, below.
Further Information
Persons wishing to receive a copy of the Consent Agreement, or other documents in this proceeding (including the regulations in 40 C.F.R. part 22, which establish procedures for any hearing), or to comment upon the proposed penalty assessment, should contact the Regional Hearing Clerk listed in the How to Comment box on this page.