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Case 2:18-cv-00520-LPL Document 2-1 Filed 04/24/18 Page 1 of 104
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
)
UNITED STATES OF AMERICA, and )
COMMONWEALTH OF PENNSYLVANIA, )
DEPARTMENT OF ENVIRONMENTAL )
PROTECTION, )
)
Plaintiffs, )
)
) Civil Action No.
2:18-cv-00520-LPL
v. )
) CONSENT DECREE
MARKWEST LIBERTY MIDSTREAM )
& RESOURCES, L.L.C., and )
OHIO GATHERING COMPANY, L.L.C., )
)
Defendants. )
)
Case 2:18-cv-00520-LPL Document 2-1 Filed 04/24/18 Page 2 of 104
TABLE OF CONTENTS
I. JURISDICTION AND VENUE ............................................................................................... 2
II. APPLICABILITY AND SALES OR TRANSFERS OF OWNERSHIP AND
OPERATION INTERESTS...................................................................................................... 3
III. DEFINITIONS.......................................................................................................................... 5
IV. INJUNCTIVE RELIEF ............................................................................................................. 9
V. CIVIL PENALTY................................................................................................................... 14
VI. SUPPLEMENTAL ENVIRONMENTAL PROJECTS .......................................................... 16
VII. COMMONWEALTH-ONLY COMMUNITY ENVIRONMENTAL PROJECT ................ 20
VIII. PERMITS............................................................................................................................. 22
IX. PROHIBITION ON NETTING CREDITS OR OFFSETS FROM REQUIRED
CONTROLS ........................................................................................................................... 24
X. THIRD PARTY VERIFICATION ......................................................................................... 25
XI. RECORDKEEPING AND REPORTING .............................................................................. 29
XII. STIPULATED PENALTIES................................................................................................. 33
XIII. FORCE MAJEURE ............................................................................................................. 37
XIV. DISPUTE RESOLUTION ................................................................................................... 39
XV. INFORMATION COLLECTION AND RETENTION ........................................................ 42
XVI. EFFECT OF SETTLEMENT/RESERVATION OF RIGHTS ............................................ 44
XVII. COSTS................................................................................................................................ 48
XVIII. NOTICES .......................................................................................................................... 48
XIX. EFFECTIVE DATE............................................................................................................. 50
XX. RETENTION OF JURISDICTION ...................................................................................... 51
XXI. MODIFICATION ................................................................................................................ 51
XXII. TERMINATION ................................................................................................................ 51
XXIII. PUBLIC PARTICIPATION ............................................................................................. 52
XXIV. SIGNATORIES/SERVICE............................................................................................... 53
XXV. INTEGRATION................................................................................................................. 53
XXVI. FINAL JUDGMENT ........................................................................................................ 53
XXVII. 26 U.S.C. SECTION 162(f)(2)(A)(ii) IDENTIFICATION ............................................. 54
XXVIII. APPENDICES ................................................................................................................ 54
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WHEREAS, Plaintiffs the United States of America (“United States”), on behalf of the
United States Environmental Protection Agency (“EPA”), and the Commonwealth of
Pennsylvania, Department of Environmental Protection (“PADEP”), simultaneously with the
lodging of this Consent Decree, filed a complaint pursuant to Section 113(b) of the Clean Air
Act (“Act”), 42 U.S.C. § 7413(b). The complaint seeks injunctive relief and civil penalties for
violations of the Clean Air Act’s Prevention of Significant Deterioration (“PSD”) provisions, 42
U.S.C. §§ 7490-7492; the Non-Attainment New Source Review (“NSR”) provisions, 42 U.S.C.
§§ 7501-7515; and the state implementation plans (“SIPs”) adopted thereunder by the
Commonwealth of Pennsylvania and the State of Ohio, and approved by EPA pursuant to
Section 110 of the Act, 42 U.S.C. § 7410, at certain compressor stations and at stand-alone
pigging stations (“stand-alone facilities”) owned and operated by Defendants MarkWest Liberty
Midstream & Resources, L.L.C. and Ohio Gathering Company, L.L.C., (collectively,
“MarkWest”) in the Marcellus Shale and Utica Shale formations in Pennsylvania and Ohio;
WHEREAS, PADEP is the agency of the Commonwealth of Pennsylvania charged with
the implementation and enforcement of the Air Pollution Control Act, 35 P.S. § 4001 et seq.;
WHEREAS, MarkWest is engaged in natural gas gathering operations in western
Pennsylvania and eastern Ohio;
WHEREAS, this is the first civil enforcement action brought by the United States or
PADEP concerning emissions from natural gas pig launchers and receivers at compressor
stations or at stand-alone facilities;
WHEREAS, MarkWest has investigated and evaluated the development, design,
fabrication, and testing of new technologies for sampling and estimating volatile organic
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compound (“VOC”) emissions from pig launcher and receiver operations and alternatives for
reducing VOC emissions from natural gas pig launchers and receivers at compressor stations and
stand-alone facilities;
WHEREAS, MarkWest has undertaken numerous design enhancements of launchers and
receivers at compressor stations and stand-alone facilities in Pennsylvania and Ohio that have
substantially reduced VOC, methane, and ethane emissions, including the design, installation
and/or operation of high-to-low pressure natural gas transfer lines, pig ramps, and liquid drains;
WHEREAS, MarkWest expressly denies and does not admit any liability to the United
States or PADEP arising out of the conduct, transactions or occurrences alleged in the
Complaint; and
WHEREAS, the Parties acknowledge that this Consent Decree has been negotiated by all
Parties in good faith and will avoid litigation among the Parties, and the Court, by entering this
Consent Decree, finds that this Consent Decree is fair, reasonable, and in the public interest.
NOW, THEREFORE, before the taking of any testimony, without the adjudication or
admission of any issue of fact or law except as provided in Section I, and with the consent of the
Parties,
IT IS HEREBY ADJUDGED, ORDERED, AND DECREED as follows:
I. JURISDICTION AND VENUE
1. This Court has jurisdiction over the subject matter of this action and over the
Parties, pursuant to 28 U.S.C. §§ 1331, 1345, 1355 and 1367, and Section 113(b) of the Act, 42
U.S.C. § 7413(b). Venue is proper in this judicial district pursuant to Section 113(b) of the Act,
42 U.S.C. § 7413(b), and 28 U.S.C. §§ 1391(b) and (c), and 1395(a), because violations alleged
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in the Complaint are alleged to have occurred, and MarkWest conducts business, in this judicial
district. MarkWest consents to and shall not challenge entry of this Consent Decree or this
Court’s jurisdiction to enter and enforce this Decree, and further consents to venue in this
judicial district solely for the purpose of entering and enforcing this Consent Decree.
2. For purposes of this Consent Decree, MarkWest agrees that the Complaint states
claims upon which relief may be granted.
II. APPLICABILITY AND SALES OR TRANSFERS OF OWNERSHIP AND
OPERATION INTERESTS
3. The obligations of this Consent Decree apply to and are binding upon the United
States, PADEP, and MarkWest, and any of their respective successors or assigns, or other
entities or persons otherwise bound by law.
4. In the event that MarkWest proposes to sell or transfer ownership or operation, in
whole or in part, of any of the Covered Facilities, to an entity unrelated to MarkWest (“Third
Party”), MarkWest shall notify the Third Party in writing of the existence of this Consent Decree
prior to the closing of such sale or transfer. MarkWest shall send a copy of this written
notification to the United States and PADEP pursuant to Section XVIII (Notices) prior to the
proposed closing.
5. MarkWest shall condition any sale or transfer, in whole or part, of ownership or
operation of any of the Covered Facilities upon the execution by the Third Party of a
modification to this Consent Decree to make the terms and conditions of this Consent Decree
related to the ownership or operation of the transferred Covered Facilities applicable to the Third
Party. No earlier than thirty (30) Days after giving notice to a successor in interest pursuant to
Paragraph 4, MarkWest may file a motion to modify this Consent Decree with the Court to make
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the terms and conditions of the Consent Decree related to the ownership or operation of the
transferred Covered Facilities applicable to the Third Party. MarkWest shall be released from the
requirements of this Consent Decree with respect to the transferred Covered Facilities unless the
Court finds that the Third Party does not have the financial or technical ability to comply with
the requirements of this Consent Decree.
6. This Consent Decree shall not be construed to impede the sale or transfer of any
asset or interest between MarkWest and any Third Party so long as the requirements of this
Consent Decree are met.
7. Paragraphs 3-5 shall not be construed to affect or apply to mergers or other
corporate transactions in which MarkWest is acquired by a Third Party and the surviving entity,
by operation of law, assumes all of MarkWest’s assets and liabilities pursuant to the Consent
Decree relating to the Covered Facilities.
8. MarkWest shall (a) provide a copy of this Consent Decree to all officers of
MarkWest and managers who will be responsible for implementation of the terms of this
Consent Decree, and ensure that any employees and contractors whose duties might reasonably
include compliance with any provision of this Consent Decree are made aware of those
requirements of this Consent Decree that fall within such persons’ duties; and (b) place an
electronic version of the Consent Decree on its internal environmental website. MarkWest shall
be responsible for ensuring that all employees and contractors involved in performing any work
pursuant to this Consent Decree perform such work in compliance with the requirements of this
Consent Decree.
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9. In any action to enforce this Consent Decree, MarkWest shall not raise as a
defense to liability or stipulated penalty the failure by any of its officers, directors, employees,
agents, or contractors to take any actions necessary to comply with the provisions of this Consent
Decree. This Section does not preclude MarkWest from holding any employee, agent, or
contractor who is alleged to have not complied with this Consent Decree liable for their actions.
Nothing herein shall preclude MarkWest, in an action to enforce this Consent Decree pursuant to
Paragraph 78, from raising the failure of any contractor to take any actions necessary to comply
with the provisions of this Consent Decree as a mitigating factor with regard to any non-
injunctive relief sought.
III. DEFINITIONS
10. For purposes of this Consent Decree, every term expressly defined by this Section
shall have the meaning given that term herein. Every other term used in this Decree that is
defined in the Act, 42 U.S.C. § 7401 et seq., or in the regulations promulgated pursuant to the
Act, but not defined in this Section, shall mean in this Decree what such term means under the
Act or those regulations.
a. “CD Emissions Reductions” shall mean any VOC emissions reductions
that result from any projects, controls, or any other actions used to comply with this Consent
Decree at any of the facilities listed on Appendices 1, 3 (with the exception of Route 18), or 4.
b. “Commercially and Operationally Appropriate” shall mean that: (1) fewer
than 50% of anticipated pigging events at the pig launcher or receiver will be for pipeline
inspection purposes; and (2) the costs of installing a shorter barrel at the pig launcher or receiver
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would not be unreasonably disproportionate to the benefits of VOC emissions reductions
achieved by use of a shorter barrel.
c. “Commercially Reasonable and Technically Feasible” shall mean that
connection of a high pressure launcher or receiver to a low pressure line does not require
MarkWest to: (1) use more than 100 feet of piping to achieve such a connection; (2) connect to a
low pressure line located outside the fenceline of the facility where the high pressure launcher or
receiver will be located; or (3) incur costs that would be unreasonably disproportionate to the
benefits of VOC emissions reductions achieved by the installation and operation of such a
connection to a low pressure line.
d. “Complaint” shall mean the complaint filed by the United States and
PADEP in this action.
e. “Compressor Stations” shall mean the compressor stations identified in
Appendices 1 and 4 to this Consent Decree.
f. “Consent Decree” or “Decree” shall mean this Decree and all appendices
attached hereto (listed in Section XXVII (Appendices)).
g. “Covered Facilities” shall mean all MarkWest facilities identified in
Appendices 1-5.
h. “Day” shall mean a calendar day unless expressly stated to be a business
day. In computing any period of time under this Decree, where the last day would fall on a
Saturday, Sunday, or federal holiday, the period shall run until the close of business of the next
business day.
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i. “EPA” shall mean the United States Environmental Protection Agency
and any of its successor departments or agencies.
j. “Effective Date” shall have the definition provided in Section XIX
(Effective Date).
k. “Flare” shall mean a combustion device used to control emissions from
equipment in VOC service.
l. “Jumper Line” shall mean an enclosed piping system attached to the vent
line of a pig launcher or receiver that routes the contents of a pig launcher or receiver into a
lower pressure gathering system.
m. “Liquid or Residue Gas Service” shall refer to any pipelines downstream
of a MarkWest processing plant that convey natural gas liquids or processed natural gas (residue
gas).
n. “MarkWest” shall mean Ohio Gathering Company, L.L.C., and MarkWest
Liberty Midstream & Resources, L.L.C.
o. “Mobile Flare” shall mean a trailer-mounted flare.
p. “Ohio SIP” shall mean the federally-approved State Implementation Plan
(“SIP”) adopted by the State of Ohio.
q. “Ohio VOC Permitting Threshold” shall mean, for Ohio air contaminant
sources, actual VOC emissions exceeding 10 pounds per day from an air contaminant source, or
potential VOC emissions from an air contaminant source alone or in combination with similar
sources at the same facility in excess of 25 tons per year.
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r. “PADEP” shall mean the Commonwealth of Pennsylvania, Department of
Environmental Protection.
s. “Paragraph” shall mean a portion of this Decree identified by an Arabic
numeral.
t. “Parties” shall mean the United States, PADEP, and MarkWest.
u. “Party” shall mean the United States, PADEP, or MarkWest.
v. “Pennsylvania SIP” shall mean the federally-approved State
Implementation Plan (“SIP”) adopted by the Commonwealth of Pennsylvania.
w. “Pigging” shall mean the process of introducing and subsequently
removing a specialized device (called a “pig”) into a natural gas pipeline to push liquids through
the pipeline into a slug catcher and/or designated system.
x. “Pig Ramp” shall mean a device installed inside the barrel of a pig
receiver designed and intended to prevent liquid accumulation in the barrel and minimize release
of volatile liquids into the environment during retrieval of the pig.
y. “Project Dollars” shall mean MarkWest’s direct costs incurred in
implementing the Supplemental Environmental Projects identified in subparagraphs b. and c. of
Paragraph 28 to the extent that such costs: (i) comply with the requirements set forth in Section
VI and (ii) constitute MarkWest’s direct payments associated with such projects or MarkWest’s
external costs for contractors, vendors, and equipment. Project Dollars shall not include
MarkWest’s internal personnel costs incurred to oversee the implementation of the Supplemental
Environmental Projects identified in subparagraphs b. and c. of Paragraph 28.
z. “Real Gas Law” shall mean PV = (m/M
w
)RTZ where:
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P = pressure inside the pipe (psfa) pound per square foot actual
V = actual volume of pipe (ft
3
)
m = mass of material (lb)
M
w
= molecular weight of the mixture (lb/lbmol)
R = universal gas constant (1545 psfa*ft3/lbmol*°R
-1
)
T = temperature of mixture (°R)
Z = compressibility factor (unitless)
Solving for mass yields: m = PVM
w
/(RTZ).
aa. “Section” shall mean a portion of this Decree identified by a Roman
numeral.
bb. “Stand-Alone Facilities” shall mean the MarkWest sites where natural gas
pig launchers and/or receivers are located that are identified in Appendices 3, 5, and 6.
cc. “System” shall mean all of MarkWest’s pig launchers and receivers in
Pennsylvania and Ohio.
dd. “United States” shall mean the United States of America, acting on behalf
of EPA.
ee. “VOC” or “VOCs” shall mean volatile organic compounds, as defined in
40 C.F.R. § 51.100(s), and which does not include methane or ethane.
IV. INJUNCTIVE RELIEF
11. Emission Calculations. For purposes of compliance with the Consent Decree,
MarkWest shall calculate the mass of VOC emissions from pigging operations at facilities listed
in Appendices 1 through 5 using the Real Gas Law multiplied by a factor of 1.2.
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12. Pennsylvania Compressor Stations. No later than the Effective Date, at the
MarkWest Compressor Stations identified in Appendix 1, MarkWest shall:
a. connect each high pressure pig launcher and receiver by Jumper Lines to a
low pressure gathering line;
b. operate Jumper Lines to depressurize such launchers and receivers prior to
opening the launcher or receiver hatch; and
c. install and use Pig Ramps in pig receivers.
13. Pennsylvania Compressor Station Dehydrator Flares. At the MarkWest
Compressor Stations identified in Appendix 2, MarkWest shall replace existing dehydrator flares
with enclosed air-assisted flares. The replacement enclosed air-assisted flare system shall include
a 3 horsepower blower (with a variable frequency drive), a single point burner tip, a gas
enrichment stream and shutdown/startup control logic panels, and shall raise regenerator off-gas
Btu value to ensure a clean burn. These flares shall achieve a minimum 98% destruction and
removal efficiency (“DRE”).
14. Pennsylvania Stand-Alone Facilities. No later than the Effective Date, MarkWest
shall implement those elements of injunctive relief identified in this Paragraph that apply, as
specified in Appendix 3, to each specific pig launcher and receiver located at each of the
MarkWest Stand-Alone Facilities identified in Appendix 3. Where applicable, MarkWest shall:
a. connect high pressure pig launchers and receivers by Jumper Lines to a
low pressure gathering line;
b. operate Jumper Lines to depressurize such launchers and receivers prior to
opening the launcher or receiver hatch; and
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c. install and use Pig Ramps in pig receivers.
15. Pennsylvania Launcher/Receiver Smith Tee Emissions Flare Replacement. At the
Smith Tee Stand-Alone Facility (the location of which is identified in Appendix 3) in
Pennsylvania, MarkWest shall replace the existing flare with a new “candlestick” flare. The
replacement candlestick flare system shall be designed to (a) provide smokeless and low heat
radiation flaring, (b) maintain its pilot light in winds up to 50 mph, and (c) generate a
hydrocarbon gas-air mixture using an air inspirator ignition.
16. Loffert (Joe Cain) Pennsylvania Stand-Alone Facility. At the Loffert (Joe Cain)
Stand-Alone Facility (the location of which is identified in Appendix 3), MarkWest shall
continue to operate the redesigned and modified discharge piping installed in 2016.
17. Closure of Drugmand, Stewart Route 50, and Graham Header Stations. No later
than twelve (12) months after the Effective Date, MarkWest shall permanently close and cease
operations of all launchers and receivers located at the Drugmand Station (located at
40.32917258600, -80.28226258100) and Stewart Route 50 Station (located at 40.28446667,
-80.35458611) and all high pressure launchers and receivers located at the Graham Header
Station (located at 40.83600748440, -80.08065377390). MarkWest shall permanently remove all
pig launchers and receivers that are subject to this Paragraph. Until MarkWest permanently
ceases operations of the referenced launchers and receivers, MarkWest shall continue to use the
existing Pig Ramps, Jumper Lines, and Flares to reduce VOC emissions during pigging
operations.
18. Ohio Compressor Stations. No later than the Effective Date, MarkWest shall
implement those elements of injunctive relief identified in this Paragraph that apply, as specified
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in Appendix 4, to each specific pig launcher and receiver located at each of the MarkWest
Compressor Stations identified in Appendix 4. Where applicable, MarkWest shall:
a. connect high pressure pig launchers and receivers by Jumper Lines to a
low pressure gathering line;
b. operate Jumper Lines to depressurize such launchers and receivers prior to
opening the launcher or receiver hatch;
c. install and use Pig Ramps in pig receivers; and
d. when necessary to ensure that VOC emissions do not exceed the Ohio
VOC Permitting Threshold, use a Mobile Flare to control VOC emissions.
19. Ohio Stand-Alone Facilities. No later than the Effective Date, MarkWest shall
implement those elements of injunctive relief identified in this Paragraph that apply, as specified
in Appendix 5, to each specific high pressure launcher and receiver located at each of the
MarkWest Stand-Alone Facilities identified in Appendix 5. Where applicable, MarkWest shall:
a. connect high pressure pig launchers and receivers by Jumper Lines to a
low pressure gathering line;
b. operate Jumper Lines to depressurize such launchers and receivers prior to
opening the launcher or receiver hatch;
c. install and use Pig Ramps in pig receivers; and
d. when necessary to ensure compliance with the Ohio SIP, use a Mobile
Flare to control VOC emissions.
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20. New Launchers and Receivers. For pig launchers and receivers constructed in
Pennsylvania and Ohio after the Effective Date and prior to Termination, MarkWest shall,
subject to the exception in subparagraph e., below:
a. connect each high pressure pig launcher or receiver by Jumper Lines to a
low pressure gathering line where such connection is Commercially Reasonable and Technically
Feasible;
b. use Jumper Lines to depressurize such launchers and receivers prior to
opening the launcher or receiver hatch;
c. at each new receiver, install and use a Pig Ramp or, with prior EPA
written approval, technology that achieves equivalent emissions reductions;
d. at high pressure pig launchers and receivers, use shorter barrels than those
presently used in the System, provided that the high pressure pig launcher or receiver is not in
Liquid or Residue Gas Service and use of a shorter barrel is Commercially and Operationally
Appropriate; and
e. in the event that MarkWest determines that any of the requirements in
subparagraphs a., b., or d. above would pose a material adverse risk to worker safety, MarkWest
may inform EPA of such risk and the reasons therefore, and upon written approval by EPA be
excused from that requirement.
21. Existing Receivers. MarkWest shall install Pig Ramps in all pig receivers located
at the Stand-Alone Facilities identified in Appendix 6.
22. At each high pressure pig launcher and receiver that MarkWest currently operates
in Pennsylvania and Ohio that is not located at a Covered Facility, MarkWest shall connect such
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high pressure pig launcher and receiver by pipe to a low pressure gathering line where such
connection is Commercially Reasonable and Technically Feasible and operate such Jumper
Lines to depressurize such launchers and receivers prior to opening the launcher or receiver
hatch.
23. Liquid Containment Enhancement. For each launcher or receiver located at any
MarkWest Compressor Station or Stand-Alone Facility identified in Appendices 1, 3, 4, 5, or 6,
and each new launcher or receiver constructed after the Effective Date but prior to Termination
in Pennsylvania and Ohio, MarkWest shall install and use liquid containers with grounded steel
receptacles that are covered at all times when not in use.
V. CIVIL PENALTY
24. No later than thirty (30) Days after the Effective Date, MarkWest shall pay as a
civil penalty $610,000. MarkWest shall pay 80% of this penalty to the United States, and 20% to
PADEP. MarkWest shall pay interest on any amount past due, at the rate specified in 28 U.S.C.
§ 1961.
25. Federal Payment Instructions. MarkWest shall make the penalty payment to the
United States at https://www.pay.gov to the U.S. Department of Justice account, in accordance
with instructions provided to MarkWest by the Financial Litigation Unit (“FLU”) of the United
States Attorney’s Office for the Western District of Pennsylvania after the Effective Date. The
payment instructions provided by the FLU will include a Consolidated Debt Collection System
(“CDCS”) number that MarkWest shall use to identify this payment, as well as any others
required to be made in accordance with this Consent Decree. The FLU will provide payment
instructions to MarkWest to:
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Christopher L. Rimkus
Managing Counsel – Operations
MarkWest Energy Partners, L.P.
1515 Arapahoe St., Suite 1600
Denver, CO 80202
MarkWest may change the individual to receive payment instructions on its behalf by providing
written notice of such change in accordance with Section XVIII (Notices). At the time of
payment, MarkWest shall send notice that payment has been made to the United States and EPA
in accordance with Section XVIII (Notices). Such notice shall state that it is for the civil penalty
owed pursuant to the Consent Decree, and shall reference the CDCS number, the civil action
number, and DOJ Case No. 90-5-2-1-11374.
26. Pennsylvania Payment Instructions. The MarkWest penalty payment to
Pennsylvania shall be made by Electronic Funds Transfer in accordance with instructions to be
provided to MarkWest by PADEP. The payment instructions will include ABA and Account
numbers that MarkWest shall use to identify all payments required to be made to PADEP in
accordance with this Consent Decree. PADEP will provide the payment instructions to:
Christopher L. Rimkus
Managing Counsel – Operations
MarkWest Energy Partners, L.P.
1515 Arapahoe St., Suite 1600
Denver, CO 80202
MarkWest may change the individual to receive payment instructions on its behalf by providing
written notice of such change in accordance with Section XVIII (Notices). At the time of
payment, MarkWest shall send notice that payment has been made to PADEP. This notice shall
include (a) the name, address, phone number and entity making payment, (b) the civil action
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number of this case, (c) the reference/confirmation number and advice number of the transmittal,
(d) the amount of the payment, (e) the date of the payment, and (f) the sending bank’s Federal
identification number.
27. Not Tax Deductible. MarkWest shall not deduct any penalties paid under this
Section or Section XII (Stipulated Penalties) in calculating its federal, state, or local income tax.
VI. SUPPLEMENTAL ENVIRONMENTAL PROJECTS
28. MarkWest shall perform the following Supplemental Environmental Projects in
accordance with all provisions of this Section:
a. Innovation Transfer and Emission Control Education. MarkWest will
disseminate and make available for use by other oil and gas companies its proprietary design for
Pig Ramps, which has been shown to reduce liquid accumulation and emissions from pig
launcher and receiver operations. In order to promote the rapid adoption of this innovative
device, MarkWest will make available on a public website, no later than six (6) months after the
Effective Date, a royalty-free license and information on the Pig Ramp design. MarkWest will
also provide educational presentations and host four demonstration or training sessions per year
over a three-year period (for a total of 12 sessions), with technical staff available in-person at
each session, to demonstrate and encourage the installation and adoption of the technologies
developed by MarkWest to reduce VOC emissions from pig launchers and receivers throughout
the oil and gas industry. In conjunction with such presentations and demonstrations, MarkWest
will develop comprehensive and detailed educational materials on the effective installation,
maintenance, and use of Pig Ramps and Jumper Lines to reduce VOC emissions from pig
launchers and receivers. Within twelve (12) months of the Effective Date, MarkWest will make
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any such materials available on the same website provided for in this Paragraph for the
publication of a royalty-free Pig Ramp license and information on Pig Ramp design.
b. Humphreys Compressor Station Ambient Air Monitoring SEP. In
accordance with Appendix 7, MarkWest shall install and operate, for a period of at least seven
hundred twenty (720) days, one (1) meteorological station and two (2) air sampling stations for
sampling and analyzing speciated and total VOCs and reduced sulfur compounds (“RSCs”). One
air sampling station will be located upwind and the other downwind of the Humphreys
Compressor Station (“HCS”) in Barnesville, Ohio. Within one hundred twenty (120) days of the
Effective Date, MarkWest shall submit a plan (“Humphreys Monitoring Plan”) to EPA for
approval to conduct an ambient air monitoring SEP (“Humphreys SEP”) near the HCS in
accordance with the requirements of this subparagraph and Appendix 7. Following EPA
approval of the Humphreys Monitoring Plan, MarkWest shall install and operate the
meteorological and air sampling stations in accordance with the approved Humphreys
Monitoring Plan and Appendix 7. MarkWest shall submit quarterly information reports and
annual reports to EPA as required by the approved Humphreys Monitoring Plan and Appendix 7.
c. Harmon Creek Ambient Air Monitoring SEP. In accordance with
Appendix 8, MarkWest shall install and operate, for a period of at least seven hundred twenty
(720) days, one (1) meteorological station and three (3) VOC air sampling stations located
around the proposed Harmon Creek Gas Processing Plant (“Harmon Creek”) in Smith Township,
Washington County, Pennsylvania. Within one hundred twenty (120) days of the Effective Date,
MarkWest shall submit a plan (“Harmon Creek Monitoring Plan”) to EPA and PADEP, for
approval by EPA in consultation with PADEP, to conduct an ambient air monitoring SEP near
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Harmon Creek in accordance with the requirements of this subparagraph and Appendix 8.
Following EPA approval (in consultation with PADEP) of the Harmon Creek Monitoring Plan,
MarkWest shall install and operate the meteorological and air sampling stations in accordance
with the approved Harmon Creek Monitoring Plan and Appendix 8. MarkWest shall submit
quarterly information reports and annual reports to EPA and PADEP as required by the approved
Harmon Creek Monitoring Plan and Appendix 8.
d. MarkWest shall spend not less than $2,000,000 in Project Dollars to
implement the SEPs described in subparagraphs b. and c.
29. With regard to the SEPs identified in Paragraph 28, MarkWest certifies the truth
and accuracy of each of the following:
a. That all cost information provided to EPA in connection with EPA’s
approval of the SEPs is complete and accurate and that MarkWest in good faith estimates that the
cost to implement the SEPs is $2,400,000;
b. That, as of the date of executing this Consent Decree, MarkWest is not
required to perform or develop the SEPs by any federal, state or local law, or regulation and is
not required to perform or develop the SEPs by agreement, grant, or as injunctive relief awarded
in any other action in any forum;
c. That the SEPs are not projects that MarkWest was planning or intending to
construct, perform or implement other than in settlement of the claims resolved in this Decree;
d. That MarkWest has not received and will not receive credit for the SEPs
in any other enforcement action;
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e. That MarkWest will not receive any reimbursement for any portion of the
SEPs from any other person;
f. That MarkWest is not a party to any open federal financial assistance
transaction that is funding or could fund the same activity as the SEPs. For purposes of these
certifications, the term “open federal financial assistance transaction” refers to a grant,
cooperative agreement, loan, federally-guaranteed loan guarantee, or other mechanism for
providing federal financial assistance whose performance period has not yet expired.
30. SEP Completion Report. Within thirty (30) Days after completion of a SEP,
MarkWest shall submit a SEP Completion Report to the United States and PADEP in accordance
with Section XVIII (Notices) of this Consent Decree. Each SEP Completion Report shall contain
the following information:
a. A detailed description of the SEP as implemented;
b. A description of any problems encountered in completing the SEP and
solutions thereto;
c. An itemized list of all eligible SEP costs expended;
d. Certification that the SEP has been fully implemented pursuant to the
provisions of this Decree; and
e. To the extent feasible, a description of the environmental or public health
benefits resulting from implementation of the SEPs.
31. The United States may, in its sole discretion, require MarkWest to provide
information in addition to that described in Paragraph 30 (“SEP Completion Report”) in order to
evaluate MarkWest’s SEP Completion Report.
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32. After receiving a SEP Completion Report, the United States will notify MarkWest
whether or not MarkWest has satisfactorily completed the SEP. If MarkWest has not completed
the SEP in accordance with this Consent Decree, stipulated penalties may be assessed under
Section XII (Stipulated Penalties) of this Consent Decree.
33. MarkWest may invoke dispute resolution under Section XIV of the Decree
(Dispute Resolution) regarding EPA’s determination of (i) whether MarkWest has satisfactorily
performed a SEP and (ii) the amount of eligible SEP costs. No other disputes arising under this
Section are subject to Dispute Resolution.
34. MarkWest shall ensure that each submission required under this Section is signed
by a MarkWest official with knowledge of the SEP and bears the certification language set forth
in Paragraph 63.
35. If MarkWest references the SEPs under this Consent Decree in any press
conference, press release, or similar formal public statement, MarkWest shall include language
in substantially the following form: “This project was undertaken in connection with the
settlement of an enforcement action under the Clean Air Act brought by the United States and
PADEP against certain MarkWest entities.”
36. For federal income tax purposes, MarkWest agrees that it will neither capitalize
into inventory or basis nor deduct any costs or expenditures incurred in performing the SEPs.
VII. COMMONWEALTH-ONLY COMMUNITY ENVIRONMENTAL PROJECT
37. In order to settle the matters contained herein, and in addition to the PADEP
portion of the civil penalty identified in Section V (Civil Penalty), MarkWest shall, as a
Commonwealth-Only Community Environmental Project (“CEP”), permanently transfer
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ownership to PADEP of the equipment used in the Harmon Creek Ambient Air Monitoring SEP,
identified in Paragraph 38, below (hereinafter “Monitoring Equipment CEP”).
38. Within sixty (60) days of the completion of the Harmon Creek Ambient Air
Monitoring SEP (Paragraph 28.c), MarkWest shall permanently transfer ownership of the
following equipment (“Equipment”) to PADEP, for PADEP’s use within Pennsylvania:
Compound Analyzer Consolidated Analytical Systems (CAS) AirmOzone
Auto‐Gas Chromatograph (GC) (along with ancillary
equipment needed to operate it (i.e. stuff in the box))
Wind Speed/Direction R.M. Young Model 05305 Wind Monitor AQ
Temperature and Delta Temperature R.M. Young Platinum RTD Model 41342 ambient
temperature sensor
Temperature and Delta Temperature R.M. Young Model 43502 aspirated radiation shield
Relative Humidity Campbell Scientific Inc (CSI) EE181 relative
humidity/temperature probe
Solar Radiation Hukseflux LP02
Net Radiation
Kipp & Zonen NR‐LITE net radiometer
Barometric Pressure CS106 Vaisala PTB110 barometer
10-Meter Tower
Model UT30 10‐meter guyed aluminum tower
Telecommunications Sierra Wireless RV50 modem (Verizon)
Data Acquisition System Campbell Scientific, Inc. CR1000x data acquisition
system
39. The Monitoring Equipment CEP falls within the definition of CEP in PADEP’s
“Policy for the Acceptance of Community Environmental Projects in Conjunction with
Assessment of Civil Penalty” (Technical Guidance Document Number 012-4180-001).
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40. PADEP has determined that the Monitoring Equipment CEP will provide a
substantial public health and environmental benefit to Pennsylvania and that the Monitoring
Equipment CEP is not something that MarkWest is otherwise legally required to do.
41. MarkWest shall not deduct any costs incurred in connection with or in any way
associated with the Monitoring Equipment CEP for any tax purpose or otherwise obtain
favorable tax treatment for those costs. If requested to do so by PADEP, MarkWest shall submit
an affidavit of the corporate officer responsible for the financial affairs of MarkWest certifying
that MarkWest has not deducted or otherwise obtained favorable tax treatment of any of the costs
of the Monitoring Equipment CEP.
42. MarkWest agrees that whenever it publicizes, in any press conference, press
release, or similar formal public statement, the Monitoring Equipment CEP, it will state that the
Monitoring Equipment CEP was undertaken as part of the settlement of an enforcement action
with PADEP.
VIII. PERMITS
43. Pennsylvania Appendix 1 and Appendix 3 Facilities. For each Pennsylvania
Compressor Station identified on Appendix 1 with the exception of Baker, Redd, and Tupta Day,
and each Pennsylvania Stand-Alone Facility identified on Appendix 3 with the exception of
Route 18, MarkWest will submit complete applications to PADEP, using PADEP application
forms, seeking to incorporate as “applicable requirements” the injunctive relief listed in
Paragraphs 12 through 16 of this Consent Decree into non-Title V state-only operating permits
(“SOOPs”) for those Covered Facilities that are federally enforceable and will survive
termination of this Consent Decree. VOC emissions from pigging operations in the SOOP
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applications shall be determined in accordance with Paragraph 11. If, after the Effective Date,
PADEP issues a revised version of its January 2015 General Plan Approval and/or General
Operating Permit BAQ-GPA/GP-5 (Natural Gas Processing Stations, Processing Plants, and
Transmission Stations) (“GP-5”), MarkWest will submit complete applications to PADEP, using
PADEP application forms, seeking authorization to operate Baker, Redd, and Tupta Day
Compressor Stations under the revised GP-5.
44. Permits to be Issued by PADEP. PADEP will review and act on such permit
applications submitted by MarkWest. Any challenges to PADEP’s issuance or denial of a permit
application must be filed with the Pennsylvania Environmental Hearing Board.
45. Ohio Compressor Stations. For each Ohio Compressor Station identified on
Appendix 4, MarkWest will submit complete applications to the Ohio Environmental Protection
Agency (“OEPA”) seeking to incorporate as “applicable requirements” the injunctive relief
identified in Paragraph 18 (Ohio Compressor Stations) of the Consent Decree into non-Title V
Permits to Install and Operate that are federally enforceable and will survive termination of this
Consent Decree.
46. Other Covered Ohio Stand-Alone Facilities. For each pig launcher and receiver
identified in Appendix 5, MarkWest will submit complete applications to OEPA seeking
coverage under Ohio General Permit GP 21.1 (Pigging at an Oil and Gas Compressor
Station/Other Site).
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IX. PROHIBITION ON NETTING CREDITS OR OFFSETS FROM REQUIRED
CONTROLS
47. Prohibitions. MarkWest shall neither generate nor use any CD Emissions
Reductions: (i) as netting reductions; (ii) as emissions offsets; or (iii) to apply for, obtain, trade,
or sell any emission reduction credits in any permit application.
48. Outside the Scope of the Prohibitions. Nothing in this Section is intended to
prohibit MarkWest from seeking to, nor PADEP or Ohio EPA from denying MarkWest’s request
to:
a. Use or generate emission reductions from emissions units that are covered
by this Consent Decree to the extent that the proposed emissions reductions represent the
difference between CD Emissions Reductions and more stringent control requirements that
MarkWest may elect to accept for those emissions units in a permitting process, except as
provided in this Paragraph;
b. Use or generate emissions reductions from emissions units that are not
subject to an emission limitation or control requirement pursuant to this Consent Decree; or
c. Use CD Emissions Reductions for compliance with any rules or
regulations designed to address regional haze or the non-attainment status of any area (excluding
Prevention of Significant Deterioration and non-attainment New Source Review rules, but
including, for example, Reasonably Achievable Control Technology (“RACT”) rules that apply
to MarkWest); provided, however, that MarkWest shall not be allowed to trade or sell any CD
Emissions Reductions.
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X. THIRD PARTY VERIFICATION
49. Third-Party Audit. MarkWest will retain, at its expense, a qualified third-party
consultant, not employed by MarkWest or any of its subsidiary or affiliated companies (a “Third
Party Auditor”), to lead an audit team to perform the audit described in this Section. The audit
team shall include, for coordination of onsite inspection activities only, at least one MarkWest
employee or contractor familiar with the Compressor Stations and Stand-Alone Facilities being
audited. MarkWest shall make available to the Third-Party Auditor all of MarkWest’s non-
privileged records requested by the Third-Party Auditor that are reasonably related to the scope
of the audit required under this Section. MarkWest may, however, require that the Third-Party
Auditor execute a confidentiality agreement prior to providing any documents or records
containing Confidential Business Information. MarkWest shall provide the Third-Party Auditor
with access to those Compressor Stations and Stand-Alone Facilities that are the subject of the
audit required by this Section and shall provide all reasonable assistance to allow the Third-Party
Auditor to conduct the audit required by this Section, including making employees, affiliates, or
contractors available to answer questions or provide information.
50. Third-Party Auditor Selection Process. Within sixty (60) Days after the Effective
Date, MarkWest shall notify the United States and PADEP in writing of MarkWest’s
recommended Third-Party Auditor and provide statements of qualification for that consultant for
performance of the services as Third-Party Auditor. Such statements of qualification shall
identify those other services, in addition to those to be performed as Third-Party Auditor, that
may be performed for MarkWest in the foreseeable future. EPA, in consultation with PADEP,
may disapprove of MarkWest’s recommended Third-Party Auditor if it determines that the
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consultant lacks the necessary qualifications to serve as Third-Party Auditor. EPA shall state the
reasons for its disapproval of the consultant as Third-Party Auditor in writing, and the MarkWest
recommendation and EPA approval process will be repeated with MarkWest having thirty (30)
Days from the date of disapproval to propose an alternate consultant and provide statements of
qualification. In the event a consultant is not approved within thirty (30) Days of MarkWest’s
first submission under this Paragraph, all deadlines in this Section shall be extended by the total
number of Days it takes to approve the consultant minus thirty (30) Days. For example, if it takes
forty-five (45) Days to approve the consultant, MarkWest’s deadlines would be extended by
fifteen (15) Days (i.e., 45 – 30 = 15).
51. MarkWest shall ensure that the Third-Party Auditor complies with the following
terms: (a) the Third-Party Auditor shall provide written advance notice as soon as practicable to
MarkWest, the United States, and PADEP in the event that the Third-Party Auditor is unable to
continue to serve as the Third-Party Auditor under this Consent Decree; (b) the Third-Party
Auditor shall provide EPA and PADEP with a written advance schedule of any facility visits,
telephone calls, or other meetings with MarkWest or its agents or contractors and shall invite
EPA and PADEP to participate in person or by teleconference; (c) the Third Party Auditor shall
use the Real Gas Law, as defined herein, and calculate VOC emissions consistent with Paragraph
11 (Emission Calculations); (d) the Third-Party Auditor shall promptly disclose to the United
States and PADEP any conflicts of interests for it or its subcontractors that may arise with
respect to its performance of the audit and, in the event of a conflict, the Third-Party Auditor
shall take any and all action to resolve such conflict; and (e) the individual Third-Party audit
team personnel who conducted or otherwise participated in auditing services pursuant to this
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Consent Decree shall not accept employment by MarkWest for a period of at least one (1) year
following completion of the audit.
52. Scope of Audit. Within eighteen (18) months of the Effective Date, the Third-
Party Auditor shall conduct an audit of the installation and operation of the injunctive relief
required pursuant to Section IV to determine compliance with this Consent Decree at a total of
five (5) of the Compressor Stations or Stand-Alone Facilities identified in Appendices 1 and 3,
except the Baker, Redd, and Tupta Day Compressor Stations, and a total of five (5) Compressor
Stations or Stand-Alone Facilities identified in Appendices 4 and 5.
53. Third-Party Audit Report. Within twenty-one (21) months of the Effective Date,
the Third-Party Auditor shall simultaneously provide a draft Audit Report to MarkWest, EPA,
and PADEP. Within forty-five (45) Days after receipt of the draft Audit Report, MarkWest shall
provide comments on the draft Audit Report, if any, to the Third-Party Auditor, EPA, and
PADEP. As part of such comments, MarkWest shall, if needed, identify within the draft Third-
Party Audit Report any Confidential Business Information (“CBI”), and such information shall
be designated by the Third-Party Auditor as CBI in the final Third-Party Audit Report submitted
to EPA and PADEP. EPA and PADEP shall treat the draft Third-Party Audit Report, in its
entirety, as CBI. The Third-Party Auditor shall provide in writing its basis for accepting or
rejecting the comments of MarkWest on the draft Third-Party Audit Report. Within twenty-four
(24) months of the Effective Date, the Third-Party Auditor shall submit a Third-Party Audit
Report to MarkWest, EPA and PADEP. The Third-Party Audit Report shall identify any
requirement of the injunctive relief specified in Section IV where MarkWest is not in compliance
and, for each such requirement: (i) provide a detailed description of the basis for this conclusion
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regarding noncompliance, including a summary of any relevant oral communications between
the Third-Party Auditor and any of MarkWest’s officers, agents, or employees; and (ii) attach
relevant supporting documentation.
54. Response to Third-Party Audit Report. Within one hundred twenty (120) Days
after receiving the Third-Party Audit Report, MarkWest shall (1) serve on the United States and
PADEP a schedule for remedying any deficiencies identified in the Third-Party Audit Report,
and/or (2) serve a notice on the United States and PADEP that MarkWest disputes the Third-
Party Auditor’s findings, in whole or part, and specifies the factual, technical, or legal basis of
that disagreement. Any disagreement between the United States and MarkWest and/or PADEP
and MarkWest over MarkWest’s response to the Third-Party Audit Report shall be resolved
according to the Dispute Resolution provisions of the Consent Decree in Section XIV.
55. The United States and PADEP shall not be bound by any Third-Party Audit
Report generated pursuant to this Consent Decree. The United States and/or PADEP may accept
or reject, in whole or in part, the Third-Party Auditor’s findings, conclusions, and/or
recommendations. If the United States or PADEP determines that MarkWest is in violation of
any Consent Decree requirement for which stipulated penalties are provided under Section XII
(Stipulated Penalties), MarkWest shall be subject to the assessment of such penalties, regardless
of the Third-Party Audit Report, in accordance with the provisions of Section XII (Stipulated
Penalties), and subject to MarkWest’s right to invoke the provisions of Section XIV (Dispute
Resolution).
56. MarkWest may terminate its contract with the Third-Party Auditor only for good
cause shown and with the consent of the United States, in consultation with PADEP; such
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consent not to be unreasonably withheld. For the purposes of this Paragraph, “good cause”
includes, but is not limited to, incompetence, fraudulent actions, and any failure by the Third-
Party Auditor to comply with all applicable laws and MarkWest policies relating to (1) worker
health and safety, or (2) environmental compliance and protection. In the event MarkWest
terminates its contract with the Third-Party Auditor, MarkWest shall select a new consultant
consistent with the process in Paragraph 50.
57. Except as otherwise provided herein, the Third-Party Audit Report shall not be
subject to any privilege or the attorney work product doctrine. Nothing in this Section shall
prevent MarkWest from designating as CBI portions of the Third-Party Audit Report or other
documents prepared by the Third-Party Auditor.
XI. RECORDKEEPING AND REPORTING
58. Status Reports. After the Effective Date and until termination of the Consent
Decree, MarkWest shall submit periodic reports (“Status Reports”) on the status of the injunctive
relief and SEPs required by the Consent Decree. The first such Status Report shall cover the first
six-month period after the Effective Date and shall be due within sixty (60) Days after the end of
the six-month period. Each subsequent Status Report shall cover a one (1) year period and shall
be due within sixty (60) Days after the end of annual period covered. Each Status Report shall
contain the following information:
a. The date(s) of replacement of any Dehydrator Flares at compressor
stations listed in Appendix 2 of this Decree, as required by Paragraph 13.
b. The date of the replacement of the candlestick flare at the Smith Tee
facility, as required by Paragraph 15.
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c. The status of the closure of launchers and receivers located at the
Drugmand, Stewart Route 50, and Graham Header facilities. If the facility is closed, provide the
date the facility ceased operation, as required by Paragraph 17.
d. The date of any SEP Completion Reports submitted under Paragraph 30.
Also, identify for which SEP the completion report was submitted.
e. For any new launcher or receiver constructed after the Effective Date but
prior to the Termination Date of this Decree, as provided in Paragraph 20, provide the date(s)
and location of any:
i. Jumper Lines installed;
ii. Pig Ramps installed;
iii. An explanation for not installing Jumper Lines or Pig Ramps;
iv. Any instances where a Jumper Line was not used prior to opening
the hatch;
v. An explanation for not using shorter barrels at high pressure
launchers and receivers.
f. For each launcher or receiver subject to the requirements of Paragraphs
12, 14, 18 and 19, provide, as applicable to each specific pig launcher or receiver, the date(s) and
locations of:
i. Jumper Lines installed;
ii. Pig Ramps installed; and
iii. Liquid Containment Vessels installed.
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g. Copies of each permit application submitted to PADEP pursuant to
Paragraph 43.
h. Copies of each permit application or application seeking coverage under a
general permit submitted to OEPA pursuant to Paragraphs 45 and 46.
i. Date on which OEPA granted any permit or approval to operate under a
general permit in response to applications submitted pursuant to Paragraphs 45 and 46.
j. Date that any Jumper Line was installed pursuant to the requirements of
Paragraph 22.
k. Dates that Pig Ramps were installed for each receiver as required by
Paragraph 21.
l. Dates that a Mobile Flare was operated as required by Paragraphs 18 and
19.
m. Status update for the HCS and Harmon Creek monitoring SEPs as set forth
in Paragraph 28.b. and c. until those SEPs are completed.
59. Maintenance of Consent Decree Records. MarkWest shall maintain records
necessary to demonstrate compliance with this Consent Decree.
60. Pigging Event Records. For each pigging event that occurs at a launcher or
receiver subject to the requirements of Paragraphs 12, 14, 18, and 19, MarkWest shall maintain
records of the following information:
a. Identification number of the launcher or receiver;
b. Location of the launcher or receiver;
c. Date and time of pigging;
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d. The launcher or receiver pressure prior to venting to the atmosphere,
and prior to routing emissions to a flare, where applicable;
e. Gas composition data representative of the composition of gas at the
facility. This data shall be updated at least annually;
f. In the case of pig launchers and receivers identified in Appendices 4
and 5, whether a Mobile Flare was used as required by Paragraphs 18
and 19; and
g. In the case of pig launchers and receivers identified in Appendices 4
and 5, any additional records necessary to demonstrate that the
emissions from each launcher and receiver did not exceed the
emissions threshold applicable to each launcher and receiver under
Paragraphs 18 and 19.
61. Whenever any violation of this Consent Decree, or any other event affecting
MarkWest’s performance under this Decree, may pose an immediate threat to public health or
welfare or the environment, MarkWest shall notify EPA and PADEP orally or by electronic
transmission as soon as possible, but no later than 24 hours after MarkWest first knew of the
violation or event.
62. All reports pursuant to this Section shall be submitted to the persons designated in
Section XVIII of this Consent Decree (Notices).
63. Certification. Each report submitted by MarkWest under this Decree shall be
signed by an official of MarkWest and include the following certification:
I certify under penalty of law that this document and all
attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted.
Based on my inquiry of the person or persons who manage the
system, or those persons directly responsible for gathering the
information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I have no
personal knowledge that the information submitted is other than
true, accurate, and complete. I am aware that there are significant
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penalties for submitting false information, including the possibility
of fine and imprisonment for knowingly and willfully submitting a
material false statement.
This certification requirement does not apply to emergency or similar notifications where
compliance would be impractical.
64. The reporting requirements of this Consent Decree do not relieve MarkWest of
any reporting obligations required by the Act or implementing regulations, or by any other
federal, state, or local law, regulation, permit or requirement.
65. Any information provided pursuant to this Consent Decree may be used by the
United States or PADEP in any proceeding to enforce the provisions of this Consent Decree and
as otherwise permitted by law.
XII. STIPULATED PENALTIES
66. MarkWest shall be liable for stipulated penalties for violations of this Consent
Decree as specified below, unless excused under Section XIII (Force Majeure) of the Decree, or
reduced or waived by the United States or the United States and PADEP (in the case of
violations at Facilities located in Pennsylvania) pursuant to Paragraph 72. For violations
occurring at Facilities in Pennsylvania, stipulated penalties are due to both the United States and
PADEP, with fifty percent (50%) of the total amount of stipulated penalties paid to the United
States, and fifty percent (50%) to PADEP. For violations occurring at Facilities in Ohio, one
hundred percent (100%) of the penalty shall be paid to the United States.
67. Tier 1 Stipulated Penalties. The following stipulated penalties shall accrue per
violation per Day for each violation of the following requirements of this Consent Decree: (1)
connection of high pressure to low pressure Jumper Lines under Paragraphs 12.a., 14.a., 18.a.,
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and 19.a.; (2) use of Jumper Lines before depressurizing under Paragraphs 12.b., 14.b., 18.b., and
19.b; (3) installation of dehydrator flares at Compressor Stations pursuant to Paragraph 13; (4)
replacement of the flare at the Smith Tee Stand-Alone Facility under Paragraph 15; (5) operation
of the redesigned and modified discharge piping at Loffert (Joe Cain) Pennsylvania Stand-Alone
Facility pursuant to Paragraph 16; and (6) closure of pig launchers and receivers at the
Drugmand, Stewart Route 50, and Graham Header Stations pursuant to Paragraph 17.
Penalty Per Violation Per Day Period of Noncompliance
$2,250 1st through 14th Day
$3,500 15th through 30th Day
$5,000 31st Day and beyond.
68. Tier 2 Stipulated Penalties. The following stipulated penalties shall accrue per
violation per Day for each violation of each of the following requirements of this Consent
Decree: (1) installation and use of Pig Ramps under Paragraphs 12.c., 14.c., 18.c., and 19.c.; and
(2) timely submission of Status Reports under Paragraph 58:
Penalty Per Violation Per Day Period of Noncompliance
$500 1st through 14th Day
$1,000 15th through 30th Day
$1,500 31st Day and beyond.
69. Stipulated Penalties for SEPs. The following stipulated penalties shall accrue per
Day for each violation of the following SEP requirements, as set forth in Paragraph 28.a-c. of
this Consent Decree: (1) failure to timely submit SEP work plans required by Paragraph 28.b and
.c. (2) failure to timely make available on a public website a royalty-free license and/or
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information on the Pig Ramp design; (3) failure to timely make available on a public website
materials on the effective installation, maintenance, and use of Pig Ramps and Jumper Lines; (4)
failure to install the air sampling or meteorological stations at HCS and Harmon Creek as
required by Paragraph 28.b. and c.; (5) material failure to operate the monitoring or
meteorological stations as required by Paragraph 28.b. and c.; (6) failure to timely provide the
meteorological data and/or sampling data as set forth in Paragraph 28.b. and c.; and (7) failure to
timely submit a SEP Completion Report pursuant to Paragraph 30:
Penalty Per Day of Violation Period of Noncompliance
$500 1
st
through 14
th
Day
$1,000 15
th
through 30
th
Day
$2,500 31
st
Day and beyond.
70. Stipulated penalties under this Section shall begin to accrue on the Day after
performance is due or on the Day a violation occurs, whichever is applicable, and shall continue
to accrue until performance is satisfactorily completed or until the violation ceases. Stipulated
penalties shall accrue simultaneously for separate violations of this Consent Decree. The
penalties that accrue for each violation or failure to perform an obligation do not increase from
one period of noncompliance to the next unless the violations or failures to perform are
continuous.
71. MarkWest shall pay stipulated penalties to the United States and PADEP within
thirty (30) Days of a written demand by the United States and/or PADEP.
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72. Either the United States or PADEP may, in the unreviewable exercise of their
respective discretion, reduce or waive stipulated penalties otherwise due them under this Consent
Decree.
73. Stipulated penalties shall continue to accrue during any Dispute Resolution, but
need not be paid until the following:
a. If the dispute is resolved by agreement or MarkWest does not seek judicial
review of EPA’s written position provided pursuant to Paragraph 87, MarkWest shall pay the
stipulated penalties determined to be owing, together with interest, to the United States and
PADEP within thirty (30) Days of the effective date of the agreement or the expiration of
Paragraph 88’s period for seeking judicial resolution of a dispute.
b. If the dispute is appealed to the Court and the United States and/or
PADEP prevail, MarkWest shall pay all penalties determined by the Court to be owing, together
with interest, within sixty (60) Days of receiving the Court’s decision or order, except if the
District Court’s decision is appealed, and then as provided in Subparagraph c., below.
c. If any Party appeals the District Court’s decision, MarkWest shall pay all
penalties determined to be owing by the final decision of the appellate court, together with
interest, within thirty (30) Days of receiving the final appellate court decision.
74. If MarkWest fails to pay stipulated penalties according to the terms of this
Consent Decree, MarkWest shall be liable for interest on such penalties, as provided in 28 U.S.C.
§ 1961, accruing from the date payment became due until full payment is made.
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75. MarkWest shall pay stipulated penalties owing to the United States in accordance
with the procedures for payment of civil penalties specified in Paragraph 25. The transmittal
letter required by Paragraph 25 shall specify that the payment is for stipulated penalties.
76. MarkWest shall pay stipulated penalties due under this Consent Decree to PADEP
in accordance with the procedures for payment of civil penalties specified in Paragraph 26.
77. The payment of stipulated penalties and interest, if any, shall not alter in any way
MarkWest’s obligation to complete the performance of the requirements of this Consent Decree.
78. Subject to the provisions of Section XVI (Effect of Settlement/Reservation of
Rights), the stipulated penalties provided for in this Consent Decree shall be in addition to any
other rights, remedies, or sanctions available to the United States and PADEP for MarkWest’s
violations of this Consent Decree or applicable law. Where a violation of this Decree is also a
violation of relevant statutory or regulatory requirements, MarkWest shall be allowed a credit for
any stipulated penalties paid against any statutory penalties imposed for such violation under the
applicable federal or state requirement.
XIII. FORCE MAJEURE
79. “Force majeure,” for purposes of this Consent Decree, is defined as any event
arising from a cause or causes beyond the control of MarkWest, of any entity controlled by
MarkWest, or of MarkWest’s contractors, that delays or prevents the performance of any
obligation under this Decree despite MarkWest’s best efforts to fulfill the obligation. The
requirement that MarkWest exercise “best efforts to fulfill the obligation” includes using
reasonable efforts to anticipate any potential force majeure event and best efforts to address the
effects of any such event (a) as it is occurring and (b) after it has occurred in order to minimize
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delay and any adverse effects of the delay to the greatest extent possible. Force majeure does not
include MarkWest’s financial inability to perform any obligation under this Decree.
80. If any event occurs or has occurred that may delay the performance of any
obligation under this Consent Decree, for which MarkWest intends or may intend to assert a
claim of force majeure, MarkWest shall provide notice orally or by electronic transmission
within three (3) Days of when MarkWest first knew that the event might cause a delay to the
addresses provided in Section XVIII of this Consent Decree (Notices). Within fifteen (15) Days
of this initial notification, MarkWest shall provide in writing to EPA and, if the event involves a
facility in Pennsylvania, PADEP, to the extent available: an explanation and description of the
reasons for the delay; the anticipated duration of the delay; all actions taken or to be taken to
prevent or minimize the delay; a schedule for implementation of any measures to be taken to
mitigate the delay or the effect of the delay; and MarkWest’s rationale for attributing such delay
to a force majeure event if it intends to assert such a claim. MarkWest shall include with any
notice all available documentation necessary to support the claim that the delay was attributable
to a force majeure. Any material failure to comply with the above requirements that prejudices
EPA’s ability to assess MarkWest’s claim of force majeure shall preclude MarkWest from
asserting any claim of force majeure for that event for the period of time of such failure to
comply.
81. If EPA agrees that the delay or anticipated delay is attributable to a force majeure,
the time for performance of the obligations under this Consent Decree that are affected by the
force majeure event will be extended by EPA for such time as is necessary to complete those
obligations. An extension of the time for performance of the obligations affected by the force
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majeure event shall not, of itself, extend the time for performance of any other obligation. EPA
will notify MarkWest in writing of the length of the extension, if any, for performance of the
obligations affected by the force majeure.
82. If EPA does not agree that the delay or anticipated delay has been or will be
caused by a force majeure event, EPA will notify MarkWest in writing of its decision.
83. If MarkWest elects to invoke the dispute resolution procedures set forth in Section
XIV (Dispute Resolution) of this Consent Decree with regard to a force majeure event, it shall do
so no later than thirty (30) Days after receipt of EPA's notice. In any such proceeding, MarkWest
bears the burden of demonstrating by a preponderance of the evidence that the delay or
anticipated delay has been or will be caused by a force majeure, that the duration of the delay or
the extension sought was or will be warranted under the circumstances, that best efforts were
exercised to avoid and mitigate the effects of the delay, and that MarkWest complied with the
requirements of Paragraphs 79 and 80. If MarkWest carries this burden, the delay at issue shall
be deemed not to be a violation of the affected obligation of this Decree.
XIV. DISPUTE RESOLUTION
84. Unless otherwise expressly provided for in this Consent Decree, the dispute
resolution procedures of this Section shall be the exclusive mechanism to resolve any dispute
arising under or with respect to this Consent Decree.
85. Informal Dispute Resolution. Any dispute subject to dispute resolution under this
Consent Decree shall first be the subject of informal negotiations. The dispute shall be
considered to have arisen when MarkWest disputes a decision of the United States and sends the
United States and PADEP a written Notice of Dispute. Such Notice of Dispute shall state clearly
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the matter in dispute. The period of informal negotiations shall not exceed ninety (90) Days from
the date the dispute arises, unless that period is modified by written agreement. If the Parties
cannot resolve a dispute by informal negotiations, then the position advanced by the United
States, after consultation with PADEP, shall be considered binding unless, within ninety (90)
Days after the conclusion of the informal negotiation period, MarkWest invokes formal dispute
resolution procedures as set forth below.
86. Formal Dispute Resolution. MarkWest shall invoke formal dispute resolution
procedures, within the time period provided in the preceding Paragraph, by serving on the United
States and PADEP a written Statement of Position regarding the matter in dispute. The
MarkWest Statement of Position shall include, but need not be limited to, any factual data,
analysis, or opinion supporting MarkWest’s position and any supporting documentation relied
upon by MarkWest.
87. The United States, after consultation with PADEP, shall serve its Statement of
Position within forty-five (45) Days of receipt of MarkWest’s Statement of Position. The United
States’ Statement of Position shall include, but need not be limited to, any factual data, analysis,
or opinion supporting that position and any supporting documentation relied upon by the United
States. The United States’ Statement of Position shall be binding on MarkWest unless MarkWest
files a motion for judicial review of the dispute in accordance with the following Paragraph.
88. MarkWest may seek judicial review of the dispute by filing with the Court and
serving on the United States, in accordance with Section XVIII of this Consent Decree (Notices),
a motion requesting judicial resolution of the dispute. The motion must be filed within thirty (30)
Days of receipt of the United States’ Statement of Position pursuant to the preceding Paragraph.
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The motion shall contain a written statement of MarkWest’s position on the matter in dispute,
including any supporting factual data, analysis, opinion, or documentation, and shall set forth the
relief requested and any schedule within which the dispute must be resolved for orderly
implementation of the Consent Decree.
89. The United States shall respond to MarkWest’s motion within the time period
allowed by the Local Rules of this Court for responses to dispositive motions. MarkWest may
file a reply memorandum to the extent permitted by the Local Rules.
90. Standard of Review.
a. Disputes Concerning Matters Accorded Record Review. Except as
otherwise provided in this Consent Decree, in any dispute brought under Paragraph 85 and 86
above pertaining to a matter that involves EPA’s exercise of discretion under this Consent
Decree, MarkWest shall have the burden of proof based on the administrative record (including
the Parties’ Statements of Position) and the applicable standard of review as set forth in the
Administrative Procedure Act, 5 U.S.C. § 500 et seq.
b. Other Disputes. Except as otherwise provided in this Consent Decree, in
any other dispute brought under Paragraphs 85 and 86 above, MarkWest shall bear the burden of
demonstrating that its position complies with this Consent Decree.
91. The invocation of dispute resolution procedures under this Section shall not, by
itself, extend, postpone, or affect in any way any obligation of MarkWest under this Consent
Decree, unless and until final resolution of the dispute so provides. Stipulated penalties with
respect to the disputed matter shall continue to accrue from the first day of noncompliance, but
payment shall be stayed pending resolution of the dispute as provided in Paragraph 73 above. If
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MarkWest does not prevail on the disputed issue, subject to the Court’s order, stipulated
penalties shall be assessed and paid as provided in Section XII (Stipulated Penalties).
XV. INFORMATION COLLECTION AND RETENTION
92. The United States and PADEP, and their respective representatives, including
attorneys, contractors, and consultants, shall have the right of entry into any facility identified on
Appendices 1-6, at all reasonable times, upon presentation of proper credentials, to:
a. monitor the progress of activities required under this Decree;
b. verify any data or information submitted to the United States or PADEP in
accordance with the terms of this Decree;
c. obtain samples and, upon request, splits of any samples taken by
MarkWest or its representatives, contractors, or consultants related to MarkWest’s performance
of its obligations under this Decree;
d. obtain documentary evidence, including photographs and similar data; and
e. assess MarkWest’s compliance with this Decree.
93. Upon request, MarkWest shall provide EPA, PADEP, or their authorized
representatives, splits or duplicates of any samples taken by MarkWest in performing its
obligations under this Decree. EPA or PADEP shall provide MarkWest splits of any samples
taken by EPA or PADEP or their authorized representatives.
94. Until two (2) years after the termination of this Consent Decree, MarkWest shall
retain, and shall instruct its contractors and agents performing work under this Consent Decree to
preserve all non-identical copies of all documents, records, or other information (including
documents, records, or other information in electronic form) in its or its contractors’ or agents’
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possession or control, or that come into its or its contractors’ or agents’ possession or control,
and that relate in any manner to MarkWest’s performance of its obligations under this Decree.
This information-retention requirement shall apply regardless of any contrary corporate or
institutional policies or procedures. At any time during this information-retention period, upon
request by the United States or PADEP, MarkWest shall provide copies of any non-privileged
documents, records, or other non-privileged information required to be maintained under this
Paragraph to the United States or PADEP.
95. At the conclusion of the information-retention period provided in the preceding
Paragraph, MarkWest shall notify the United States and PADEP at least sixty (60) days prior to
the destruction of any records subject to the requirements of this Section and, upon request by
the United States or PADEP, MarkWest shall deliver any such documents, records, or other
information to EPA and PADEP.
96. MarkWest may assert that certain documents, records, or other information are
privileged under the attorney-client privilege or any other privilege recognized by federal law. If
MarkWest asserts such a privilege, it shall provide the following: (1) the title of the document,
record, or information; (2) the date of the document, record, or information; (3) the name and
title of each author of the document, record, or information; (4) the name and title of each
addressee and recipient; (5) a description of the subject of the document, record, or information;
and (6) the privilege asserted by MarkWest. However, no documents, records, or other
information created or generated in order to comply with the requirements of this Consent
Decree shall be withheld on grounds of privilege.
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97. MarkWest may also assert that information required to be provided under this
Section is protected as Confidential Business Information (“CBI”) under 40 C.F.R. Part 2 or
applicable state law. As to any information that MarkWest seeks to protect as CBI, MarkWest
shall follow the procedures set forth in 40 C.F.R. Part 2 or applicable state law.
98. This Consent Decree in no way limits or affects any right of entry and inspection,
or any right to obtain information, held by the United States or PADEP pursuant to applicable
federal or state laws, regulations, or permits, nor does it limit or affect any duty or obligation of
MarkWest to maintain documents, records, or other information imposed by applicable federal or
state laws, regulations, or permits.
XVI. EFFECT OF SETTLEMENT/RESERVATION OF RIGHTS
99. This Consent Decree resolves the civil and administrative claims that the United
States may have against MarkWest for the following violations of the Clean Air Act through the
date of lodging:
a. With respect to the Pennsylvania Compressor Stations identified on
Appendix 1, the Pennsylvania Stand-Alone Facilities (with the exception of Route 18) identified
in Appendix 3, and the Drugmand, Stewart Route 50, and Graham Header Stations identified in
Paragraph 17, failure to comply with (i) the PSD provisions, 42 U.S.C. §§ 7490-7492; (ii) the
NSR provisions, 42 U.S.C. §§ 7501-7515; (iii) the Title V provisions, 42 U.S.C. §§ 7661-7661f;
and (iv) provisions of the Pennsylvania SIP implementing Pennsylvania’s PSD permitting
program, NSR permitting program, Title V permitting program, and Plan Approval and
Operating Permit programs;
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b. With respect to the Pennsylvania Stand-Alone Facilities identified in
Appendix 6 and the Route 18 Stand-Alone Facility identified in Appendix 3, failure to comply
with the provisions of the Pennsylvania SIP implementing Pennsylvania’s Plan Approval and
Operating Permit programs;
c. With respect to the Ohio Compressor Stations identified on Appendix 4,
failure to comply with (i) the PSD provisions with respect to VOC, 42 U.S.C. §§ 7490-7492; (ii)
the Title V provisions, 42 U.S.C. §§ 7661-7661f; and (iii) the provisions of the Ohio SIP
implementing Ohio’s Title V operating permit program and Ohio’s permit to install and operate
program;
d. With respect to the Ohio Stand-Alone Facilities identified in Appendix 5,
failure to comply with the provisions of the Ohio SIP implementing Ohio’s minor source permit
to install and operate program; and
e. With respect to the Ohio Stand-Alone Facilities identified in Appendix 6,
failure to comply with the provisions of the Ohio SIP implementing Ohio’s minor source permit
to install and operate program, and failure to comply with the recordkeeping provisions of the
Ohio SIP.
100. This Consent Decree resolves all of PADEP’s civil claims against MarkWest
pursuant to Sections 9.1 and 13.6(a) of the Air Pollution Control Act (“APCA”), 35 P.S. §§
4009.1 and 4013.6(a), through the date of lodging for the following violations of the APCA and
its implementing regulations:
a. With respect to the Pennsylvania Compressor Stations identified in
Appendix 1, the Pennsylvania Stand-Alone Facilities (with the exception of Route 18) identified
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in Appendix 3, and the Drugmand, Stewart Route 50, and Graham Header Stations identified in
Paragraph 17, failure to comply with (i) the Plan Approval and Operating Permit programs; (ii)
the PSD permitting program; (iii) the NSR permitting program; and (iv) the Title V permitting
program.
b. With respect to the Pennsylvania Stand-Alone Facilities identified on
Appendix 6 and the Route 18 Stand-Alone Facility identified in Appendix 3, failure to comply
with the Plan Approval and Operating Permit programs.
101. The United States and PADEP reserve all legal and equitable remedies available
to enforce the provisions of this Consent Decree, except as expressly stated in Paragraphs 78, 99
and 100. This Consent Decree does not limit the rights of the United States or PADEP to obtain
penalties or injunctive relief under the Act or implementing regulations, or under other federal or
state laws, regulations, or permit conditions, except as expressly specified in Paragraphs 99 and
100. The United States and PADEP further retain all legal and equitable remedies to address any
imminent and substantial endangerment to the public health or welfare or the environment
arising at, or posed by, any MarkWest facility, whether related to the violations addressed in this
Decree or otherwise.
102. In any subsequent administrative or judicial proceeding initiated by the United
States or PADEP for injunctive relief, civil penalties, or other appropriate relief relating to the
facilities subject to this Consent Decree or MarkWest’s alleged violations, MarkWest shall not
assert, and may not maintain, any defense or claim based upon the principles of waiver, res
judicata, collateral estoppel, issue preclusion, claim preclusion, claim-splitting, or other defenses
based upon any contention that the claims raised by the United States or PADEP in the
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subsequent proceeding were or should have been brought in the instant case, except with respect
to claims that have been specifically resolved pursuant to Paragraphs 99 and 100.
103. This Consent Decree is not a permit, or a modification of any permit, under any
federal, state, or local laws or regulations. MarkWest is responsible for achieving and
maintaining complete compliance with all applicable federal, state, and local laws, regulations,
and permits; and MarkWest’s compliance with this Decree shall be no defense to any action
commenced pursuant to any such laws, regulations, or permits, except as set forth herein. The
United States and PADEP do not, by their consent to the entry of this Decree, warrant or aver in
any manner that MarkWest’s compliance with any aspect of this Decree will result in compliance
with provisions of the Act, the APCA, or with any other provisions of federal, state, or local
laws, regulations, or permits.
104. This Consent Decree does not limit or affect the rights of MarkWest, of the
United States, or of PADEP against any third parties not party to this Decree, nor does it limit the
rights of third parties not party to this Decree against MarkWest, except as otherwise provided by
law.
105. This Consent Decree shall not be construed to create rights in, or grant any cause
of action to, any third party not party to this Decree.
106. MarkWest expressly denies and does not admit any liability to the United States
or PADEP arising out of the conduct, transactions or occurrences alleged in the Complaint.
Nothing in this Consent Decree shall be construed as an admission of MarkWest’s liability, nor
shall MarkWest’s performance of any obligation under this Decree be considered any admission
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of liability. This Consent Decree shall not be admissible against MarkWest in any administrative
or judicial proceeding, except in a proceeding initiated by the Parties to enforce this Decree.
XVII. COSTS
107. The Parties shall bear their own costs of this action, including attorneys’ fees,
except that the United States and PADEP shall be entitled to collect the costs (including
attorneys’ fees) incurred in any action necessary to collect any portion of the civil penalty or any
stipulated penalties due, but not paid, by MarkWest.
XVIII. NOTICES
108. Unless otherwise specified herein, whenever notifications, submissions,
statements of position, or communications are required by this Consent Decree (referred in this
Paragraph as a “notice” or “notices”), they shall be made electronically as described below,
unless such notices are unable to be uploaded to the CDX electronic system (in the case of EPA)
or transmitted by email (in the case of any other party). For all notices to EPA, MarkWest shall
register for the CDX electronic system and upload such notices at https://cdx.epa.gov/epa_
home.asp. Any notice that cannot be uploaded or electronically transmitted via email shall be
provided in writing to the addresses below:
As to the United States by email: [email protected]
Re: DJ# 90-5-2-1-11374
As to the United States by mail: EES Case Management Unit
Environment and Natural Resources Division
U.S. Department of Justice
Box 7611 Ben Franklin Station
Washington, D.C. 20044-7611
Re: DOJ No. 90-5-2-1-11374
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As to EPA: Director, Air Enforcement Division
Office of Civil Enforcement
U.S. EPA Headquarters, MC 2242A
1200 Pennsylvania Avenue, N.W.
Washington, DC 20460
And
For notices relating to Ohio facilities:
U.S. EPA Region V
77 W. Jackson Boulevard
Chicago, IL 60604
Attn: Compliance Tracker
And
For notices relating to Pennsylvania facilities:
Director, Air Enforcement
U.S. EPA Region III
1650 Arch Street
Philadelphia, PA 19103
As to PADEP: Mark R. Gorog, P.E.
Regional Manager
Department of Environmental Protection
Air Quality Program
Southwest Regional Office
400 Waterfront Drive
Pittsburgh, PA 15222
Phone: 412.442.4150
Fax: 412.442.4194
And
Lori McNabb
Environmental Group Manager
Department of Environmental Protection – Field
Operations
Air Quality Program
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Northwest Regional Office
230 Chestnut Street
Meadville, PA 16335
Phone: 814.332.6634
Fax: 814.332.6121
As to MarkWest: General Counsel
MPLX LP
200 East Hardin Street
Findlay, Ohio 45840
lawdepartment[email protected]
Managing Counsel – Operations
MarkWest Energy Partners, L.P.
1515 Arapahoe St., Suite 1600
Denver, CO 80202
Christ[email protected]
And
Environmental Director – Northeast Operations
MarkWest Energy Partners, L.P.
1515 Arapahoe St., Suite 1600
Denver, CO 80202
Robert.mchale@markwest.com
109. Any Party may, by written notice to the other Parties, change its designated notice
recipient or notice address provided above.
110. Notices submitted pursuant to this Section shall be deemed submitted upon
electronic transmission or mailing, unless otherwise provided in this Consent Decree or by
mutual agreement of the Parties in writing.
XIX. EFFECTIVE DATE
111. The Effective Date of this Consent Decree is the date upon which this Consent
Decree is entered by the Court or a motion to enter the Decree is granted, whichever is first, as
recorded by the Court’s docket.
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XX. RETENTION OF JURISDICTION
112. The Court shall retain jurisdiction over this case, until termination of this Consent
Decree pursuant to Section XXII (Termination), for the purpose of (a) resolving disputes arising
under this Decree pursuant to Section XIV (Dispute Resolution), (b) entering orders modifying
this Decree pursuant to Section XXI (Modification), or (c) effectuating or enforcing compliance
with the terms of this Decree.
XXI. MODIFICATION
113. The terms of this Decree, including any attached appendices, may be modified
only by a subsequent written agreement signed by all the Parties. Where the modification
constitutes a material change to this Decree, it shall be effective only upon approval by the
Court.
114. Any disputes concerning modification of this Consent Decree shall be resolved
pursuant to Section XIV (Dispute Resolution). The Party seeking the modification bears the
burden of demonstrating that it is entitled to the requested modification in accordance with
Federal Rule of Civil Procedure 60(b).
XXII. TERMINATION
115. After MarkWest has fulfilled its obligations to (a) pay the civil penalty in
Paragraph 24, (b) implement all injunctive relief, (c) obtain permits pursuant to Section VIII
(Permits); (d) implement the Third Party Verification program and submit a satisfactory Third-
Party Audit Report; (e) complete all SEPs, (f) complete the Commonwealth-only Community
Environmental Project, and (g) pay any stipulated penalties not waived or reduced by the United
States or PADEP under Section XII (Stipulated Penalties) pursuant to Paragraph 72, MarkWest
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may send to the United States and PADEP a Request for Termination, which shall be certified in
accordance with Paragraph 63, stating that MarkWest has satisfied those requirements, together
with all reasonably necessary supporting documentation.
116. Following receipt by the United States and PADEP of MarkWest’s Request for
Termination, the Parties shall confer informally concerning the Request and any disagreement
that the Parties may have as to whether MarkWest has satisfactorily complied with the
requirements for termination of this Consent Decree. If the United States, after consultation with
PADEP, agrees that the Decree may be terminated, the Parties shall submit for the Court’s
approval a joint stipulation terminating the Decree.
117. If the United States, after consultation with PADEP, does not agree that the
Decree may be terminated, MarkWest may invoke Dispute Resolution under Section XIV of this
Decree (Dispute Resolution). However, MarkWest shall not seek Dispute Resolution of any
dispute regarding termination until sixty (60) Days after service of its Request for Termination.
XXIII. PUBLIC PARTICIPATION
118. This Consent Decree will be lodged with the Court for a period of not less than
thirty (30) Days for public notice and comment in accordance with 28 C.F.R. § 50.7. The United
States reserves the right to withdraw or withhold its consent if the comments regarding the
Consent Decree disclose facts or considerations indicating that the Decree is inappropriate,
improper, or inadequate. MarkWest consents to entry of this Decree without modification
without further notice and agrees not to withdraw from or oppose entry of this Decree by the
Court or to challenge any provision of the Decree, unless the United States has notified
MarkWest in writing that it no longer supports entry of the Decree or has modified the Decree.
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XXIV. SIGNATORIES/SERVICE
119. Each undersigned representative of MarkWest, PADEP, and the Assistant
Attorney General for the Environment and Natural Resources Division of the Department of
Justice certifies that he or she is fully authorized to enter into the terms and conditions of this
Consent Decree and to execute and legally bind the Party he or she represents to this document.
120. This Consent Decree may be signed in counterparts, and its validity shall not be
challenged on that basis.
121. MarkWest agrees to accept service of process by mail with respect to all matters
arising under or relating to this Consent Decree. MarkWest agrees to accept service in that
manner and to waive the formal service requirements set forth in Rule 4 of the Federal Rules of
Civil Procedure and any applicable Local Rules of this Court including, but not limited to,
service of a summons. MarkWest need not file an answer to the Complaint in this action unless
or until the Court expressly declines to enter this Decree.
XXV. INTEGRATION
122. This Consent Decree and its Appendices constitute the final, complete, and
exclusive agreement and understanding among the Parties with respect to the settlement
embodied in the Decree. There are no representations, agreements, or understandings relating to
the settlement other than those expressly contained in this Consent Decree.
XXVI. FINAL JUDGMENT
123. Upon approval and entry of this Consent Decree by the Court, this Decree shall
constitute a final judgment of the Court as to the United States, PADEP, and MarkWest under
Fed. R. Civ. P. 54 and 58.
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XXVII. 26 U.S.C. SECTION 162(f)(2)(A)(ii) IDENTIFICATION
124. For purposes of the identification requirement of Section 162(f)(2)(A)(ii) of the
Internal Revenue Code, 26 U.S.C. § 162(f)(2)(A)(ii), performance of Section II (Applicability),
Paragraph 8, Section IV (Injunctive Relief), Paragraphs 11 – 23, Section VIII (Permits),
Paragraphs 43 - 46, Section X (Third Party Verification), Paragraphs 49 – 54, Section XI
(Recordkeeping and Reporting), Paragraphs 58(a)-(c) and (e) – (l), 59 – 60, and 62 – 63, and
Section XIV (Information Collection and Retention), Paragraphs 92 - 95, is restitution or
required to come into compliance with law.
XXVIII. APPENDICES
125. The following appendices are attached to and part of this Consent Decree:
“Appendix 1” is a list of MarkWest compressor stations in Pennsylvania subject to
Paragraph 12;
“Appendix 2” is a list of MarkWest compressor stations in Pennsylvania subject to
Paragraph 13;
“Appendix 3” is a list of MarkWest Stand-Alone Facilities in Pennsylvania subject to
Paragraph 14;
“Appendix 4” is a list of MarkWest Compressor Stations, and specific launchers and
receivers at each of those Compressor Stations, in Ohio subject to Paragraph 18;
“Appendix 5” is a list of MarkWest Stand-Alone Facilities, and specific launchers and
receivers at each of those Stand-Alone Facilities, in Ohio subject to Paragraph 19;
“Appendix 6” is a list of MarkWest Stand-Alone Facilities in Pennsylvania and in Ohio
subject, as applicable, to Paragraphs 21 and 23;
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“Appendix 7” is the Humphreys Ambient Air Monitoring SEP for the Humphreys
Compressor Station in Ohio; and
“Appendix 8” is the Harmon Creek Ambient Air Monitoring SEP for the Harmon Creek
Gas Processing Plant in Pennsylvania.
Dated and entered this _____ day of ____________________, 2018.
UNITED STATES DISTRICT JUDGE
Western District of Pennsylvania
-55-
THE UNDERSIGNED PARTY enters this Consent Decree in this action captioned United
States,
et
al.
v.
Mark West Liberty Midstream & Resources, L.L.
C.,
et
al.
FOR PLAINTIFF UNITED STATES OF AMERICA:
Date:
L.(
/-;;;.
0 / ( 8
Acting Assistant Attorney General
En
vironment & Natural Resources Division
United States Department
of
Justice
950 Pennsylvania Avenue,
NW
Washington, DC 20530
-Senior Counsel
7
Environmental Enforcement Section
Environment & Natural Resources Division
United States Department
of
Justice
999 l 8
1
h Street, South Terraces, Suite 370
Denver, Colorado 80202
-56-
Case 2:18-cv-00520-LPL Document 2-1 Filed 04/24/18 Page 58 of 104
THE
UNDERSIGNED
PARTY
enters this Consent Decree
in
the action captioned United States,
et al.
v.
MarkWest Liberty Midstream & Resources, l.L.C., et
al.
FOR U.S. ENV
IRONMENTAL
PROTECTION AGENCY:
' )
Date
~
/{
) 4
\;
Date
:
~"'(~
\~
,~~
\~
\
Director, Office
of
Civil Enforcement
Office
of
Enforcement and Compliance Assurance
United States Environme 1 Protection Agency
Was ·naton, DC 2046
-57-
Case 2:18-cv-00520-LPL Document 2-1 Filed 04/24/18 Page 59 of 104
THE
UNDERSIGNED
PARTY
enters this Consent Decree in the action captioned United State
s,
et
al.
v.
MarkW
est Liberty Midstream & Resource
s,
L.L.
C.,
et
al.
FOR
U.S. ENVIRONMENTAL PROTECTION AGENCY, REGION
3:
Date \ '
Date
Date
M
Regional Counsel
Office
of
Regional Counsel
United States Environmental Protection
Agency, Region III
Philadelphia,
PA
19103
-58-
Case 2:18-cv-00520-LPL Document 2-1 Filed 04/24/18 Page 60 of 104
THE UNDERSIGNED PARTY enters this Consent Decree in the action captioned United States,
et
al.
v.
MarkWest Liberty Midstream & Resources, L.L.C.,
et
al.
FOR
U.S. ENVIRONMENTAL PROTECTION AGENCY, REGION
5:
DatJ
T. LEVERETT NELSON
Regional Counsel
Office
of
Regional Counsel
Un
ited States Environmental Protection
Agency, Region V
Chicago, IL 60604
-59-
Case 2:18-cv-00520-LPL Document 2-1 Filed 04/24/18 Page 61 of 104
THE UNDERSIGNED PARTY enters this Consent Decree in the action captioned United States,
et
al.
v.
Mark West Liberty Midstream & Resources, L.L. C
..
et
al.
Date
FOR PLAINTIFF COMMONWEALTH OF
PENNSYLVANIA,
DE
PARTMENT OF
ENVIRONMENTAL PROTECTION:
GEORGE HARTENSTEIN
Deputy Secretary for Waste Air
Radiation and Remediation
Department
of
Environmental Protection
Rachel Carson State Office Building
400 Market Street
Harrisburg, PA 17101
Chief Counsel
Department
of
Environmental Protection
Rachel Carson State Office Building
400 Market Street
Harrisburg, PA 17101
MICHAEL
J.
Assistant Regional ounsel
Department
of
Environmental Protection
Office
of
Chief Counsel
400 Waterfront Drive
Pittsburgh,
PA
15222
-60-
Case 2:18-cv-00520-LPL Document 2-1 Filed 04/24/18 Page 62 of 104
Case 2:18-cv-00520-LPL Document 2-1 Filed 04/24/18 Page 63 of 104
THE UNDERSIGNED PARTIES enter into this Consent Decree in the matter of United States,
et al. v. MarkWest Liberty Midstream & Resources, L.L.C., et al.
FOR DEFENDANT MARKWEST LIBERTY MIDSTREAM & RESOURCES, L.L.C.
Date:_______________ _
FOR DEFENDANT OHIO GATHERING COMPANY, L.L.C.
Date:_______________
April 13, 2018
April 13, 2018
_
MICHAEL J. HENNIGAN
President
MarkWest Liberty Midstream & Resources, L.L.C.
MICHAEL J. HENNIGAN
President
Ohio Gathering Company, L.L.C.
-61-
Case 2:18-cv-00520-LPL Document 2-1 Filed 04/24/18 Page 64 of 104
APPENDIX 1
Pennsylvania Compressor Stations Subject to Paragraph 12
Compressor Station Coordinates
1. 3 Brothers 40.33119792490,
-80.38033471710
2. Baker 40.08051389,
-80.222575
3. Brigich 40.28964213860,
-80.23951772010
4. Carpenter 40.11364210760,
-80.48247261960
5. Dryer 40.24287923210,
-80.46833245070
6. Fulton 40.28485243400,
-80.30122700440
7. Godwin 40.24572395910,
-80.31131155010
8. Hoskins 40.17991189320,
-80.41232597640
9. Johnston 40.27515606030,
-80.23270970570
10. Lowry 40.24932187010,
-80.36840279130
11. Redd 40.14328889,
-80.19907778
12. Royal Oak 40.76560317060,
-80.03657298740
13. Shaw 40.23917195340,
-80.28146975710
1
Case 2:18-cv-00520-LPL Document 2-1 Filed 04/24/18 Page 65 of 104
Compressor Station Coordinates
14. Smith 40.41698982380,
-80.35687488560
15. Stewart 40.28269070850,
-80.34980728680
16. Trillith 40.85454091700,
-80.10256057730
17. Tupta Day 40.11326944,
-80.22364167
18. Voll 40.83941511830,
-80.05602366480
19. Welling 40.19014693410,
-80.35981800720
2
Case 2:18-cv-00520-LPL Document 2-1 Filed 04/24/18 Page 66 of 104
Appendix 2
Pennsylvania Compressor Stations Subject to Paragraph 13
Compressor Station Coordinates
1. 3 Brothers 40.33119792490, -80.38033471710
2. Carpenter 40.11364210760, -80.48247261960
3. Royal Oak 40.76560317060, -80.03657298740
4. Smith 40.41698982380, -80.35687488560
5. Trillith 40.85454091700, -80.10256057730
6. Welling 40.19014693410, -80.35981800720
Case 2:18-cv-00520-LPL Document 2-1 Filed 04/24/18 Page 67 of 104
Appendix 3
Applicability of Injunctive Relief in Paragraph 14 to Launchers and Receivers at
Pennsylvania Stand-Alone Facilities
Stand-Alone Facility ¶ 14.a.-b. Apply? ¶ 14.c. Applies? Coordinates
(Install and Use (Install and
Jumper Line) Use Pig Ramp)
1. Huntington Farms
40.24179301380,
-80.31836096160
a. Godwin to Yes Yes
Huntington Farms
HP Receiver
b. Huntington Farms Yes No
to Houston HP
Launcher
c. Huntington Farms
Yes No
to Welling HP
Launcher
d. Huntington Farms Yes No
to Shaw HP
Launcher
e. Lowry to Yes Yes
Huntington Farms
HP Receiver
f. Lowry Meter to No Yes
Huntington Farms
LP Receiver
1
Case 2:18-cv-00520-LPL Document 2-1 Filed 04/24/18 Page 68 of 104
Stand-Alone Facility ¶ 14.a.-b. Apply? ¶ 14.c. Applies? Coordinates
(Install and Use (Install and
Jumper Line) Use Pig Ramp)
2. Loffert (Joe Cain)
40.35937332930,
-80.31124654080
a. 3 Bros to Loffert
(Joe Cain) HP
Receiver
Yes Yes
b. Loffert (Joe Cain)
to Drugmand HP
Launcher
Yes No
c. Smith to Loffert
(Joe Cain) HP
Receiver
Yes Yes
d. Airport to Loffert
(Joe Cain) LP
Receiver
No Yes
e. Malinky LP
Receiver
No Yes
3. Post Road
40.16793683830,
-80.39937478710
a. Hoskins to Post
Road HP
Receiver
No Yes
4. Route 18
40.33220420730,
-80.36049705900
a. Stewart to Rt 18
HP Receiver
No Yes
2
Case 2:18-cv-00520-LPL Document 2-1 Filed 04/24/18 Page 69 of 104
Stand-Alone Facility ¶ 14.a.-b. Apply?
(Install and Use
Jumper Line)
¶ 14.c. Applies?
(Install and
Use Pig Ramp)
Coordinates
b. Carns to Rt 18 LP No Yes
Receiver
c. Inches to Rt 18 No Yes
LP Receiver
5. Smith Tee
40.22352411360,
-80.45690851150
a. Dryer to Smith No Yes
Tee HP Receiver
b. Smith Tee to No No
Hoskins HP
Launcher
c. Smith Tee to No No
Lowry HP
Launcher
6. Wilhelm
40.10854085660,
-80.44762638940
a. Welling to Yes Yes
Wilhelm HP
Receiver
b. Wilhelm to Yes Yes
Carpenter HP
Receiver
c. Wilhelm to Yes No
Majorsville HP
Launcher
3
Case 2:18-cv-00520-LPL Document 2-1 Filed 04/24/18 Page 70 of 104
Stand-Alone Facility ¶ 14.a.-b. Apply? ¶ 14.c. Applies? Coordinates
(Install and Use (Install and
Jumper Line) Use Pig Ramp)
d. Claysville to No Yes
Wilhelm LP
Receiver
e. Greathouse to No Yes
Wilhelm LP
Receiver
f. Hamilton to No Yes
Wilhelm LP
Receiver
4
Case 2:18-cv-00520-LPL Document 2-1 Filed 04/24/18 Page 71 of 104
Appendix 4
Applicability of Injunctive Relief in Paragraph 18 to Launchers and Receivers at Ohio
Compressor Stations
Compressor Station ¶ 18.a.-b. ¶ 18.c. ¶ 18.d. Coordinates
Apply? Applies? Applies?
(Install and (Install and (Use of Mobile
Use Jumper Use Pig Ramp) Flare as
Line) Necessary)
1.
Arrowhead
4
0.175580, -81.073237
a. 70T to Arrowhead HP Yes Yes Yes
Receiver
b. Arrowhead to Cadiz Yes No Yes
Launcher
c. Wagner to Arrowhead No Yes No
Receiver
d. Darla to Arrowhead No Yes No
Receiver
e. Miller Road to Arrowhead No Yes No
Receiver
2. Barnesville West
4
0.009219, -81.181596
a. Barnesville West 12” Yes No Yes
Launcher
b. Magee to Barnesville West No Yes No
Receiver
c. 70T to Barnesville West No Yes No
Receiver
3. Harrison West
4
0.209936, -81.217978
a. Harrison West to Cadiz Yes No Yes
Launcher
b. Scott Hill to Harrison West No Yes No
Receiver
c. Clay 20” Receiver No Yes No
4. Humphreys 39.906906, -81.188574
a. Humphreys to Tri-County Yes No Yes
Launcher
b. Wheatley to Humphreys No Yes Yes
Receiver
1
Case 2:18-cv-00520-LPL Document 2-1 Filed 04/24/18 Page 72 of 104
Compressor Station ¶ 18.a.-b. ¶ 18.c. ¶ 18.d. Coordinates
Apply? Applies? Applies?
(Install and (Install and (Use of Mobile
Use Jumper Use Pig Ramp) Flare as
Line) Necessary)
c. Stronz Receiver No Yes No
d. Stuzman Receiver No Yes No
5. Lake
a. Lake to Cadiz Launcher
b. Central to Lake Receiver
c. Kinsey Receiver
d. Boy Scout Receiver
Yes
No
No
No
No
Yes
Yes
Yes
Yes
No
No
No
4
0.278232, -81.181580
6. Morristown
a. Morristown 12” Launcher
b. Morristown 20” Receiver
Yes
No
No
Yes
Yes
No
4
0.058737, -81.096102
7. Tri-County 39.939357, -81.227774
a. Shannon to Tri-County Yes Yes Yes
Receiver
b. Tri-County to Seneca
Yes No Yes
Launcher
c. Tri-County to McCort 20”
No No Yes
d.
Launcher
Humphreys to Tri-County
Yes
Yes Yes
e.
Receiver
Tri-County to Magee
No
No Yes
Launcher
2
Case 2:18-cv-00520-LPL Document 2-1 Filed 04/24/18 Page 73 of 104
Appendix 5
Applicability of Injunctive Relief in Paragraph 19 to Launchers and Receivers at Stand-
Alone Facilities in Ohio
Stand-Alone Facility ¶ 19.a.-b. ¶ 19.c. ¶ 19.d. Coordinates
Apply? Applies? Applies?
(Install and (Install Pig (Use of
Use Jumper Ramp) Mobile Flare
Line) as Necessary)
1. 70T 40.047342,
a. Shannon to 70T Yes Yes Yes -81.143914
Receiver
b. 70T to Arrowhead
Yes No Yes
Launcher
Yes Yes Yes
c. Morristown 12”
Receiver
2. 513 Station 40.002087,
a. 513 to Magee Launcher No No Yes -81.301192
b. Neff Receiver No Yes Yes
c. Flesher Receiver No Yes Yes
3. BK Stevens Station 40.195014,
a. BK Stevens Launcher No No Yes -81.172019
b. Michael 12” Receiver No Yes No
4. Blaze Station 40.109623,
c. Blaze Road Launcher No No Yes
-81.296475
d. Lawson Receiver No Yes No
5. Marshall Road Station 40.109600,
a. Guernsey 20” Launcher No No Yes -81.333299
b. Blaze Road Receiver No Yes Yes
c. Guernsey 12” Receiver No Yes No
6. Smyrna McClelland Station 40.199200,
a. Guernsey 20” Receiver No Yes Yes -81.245391
b. Clay 12” Receiver No Yes No
c. Clay 20” Launcher No No No
7. Boston McCort Receiver 39.921722,
Station -81.207956
a. McCort to Wheatley No No Yes
1
Case 2:18-cv-00520-LPL Document 2-1 Filed 04/24/18 Page 74 of 104
Stand-Alone Facility ¶ 19.a.-b.
Apply?
(Install and
Use Jumper
Line)
¶ 19.c.
Applies?
(Install Pig
Ramp)
¶ 19.d.
Applies?
(Use of
Mobile Flare
as Necessary)
Coordinates
b.
c.
Launcher
Tri-County to McCort
20” Receiver
McCort 12” Receiver
No
No
Yes
Yes
Yes
No
8. McGee Station
a. 513 to McGee Receiver
b. McGee to Barnsville
West Launcher
c. Tri-County to McGee
Receiver
d. Brothers Receiver
No
No
No
No
Yes
No
Yes
Yes
Yes
Yes
Yes
No
39.945758,
-81.234022
9. Neff Station
a. Neff Launcher
b. Shugert Daddy
Receiver
c. Onega Receiver
d. Detweiler Receiver
No
No
No
No
No
Yes
Yes
Yes
Yes
No
No
No
39.994326,
-81.385291
10. Oxford Siefert Station
a. Flesher Launcher
b. Karen Receiver
No
No
No
Yes
Yes
No
40.028938,
-81.305076
11. Shannon
a. Shannon to Tri-County
Receiver
b. Shannon to 70T
Launcher
Barnesville West 12”
Receiver
Yes
Yes
Yes
Yes
No
Yes
Yes
Yes
Yes
40.015606,
-81.191986
12. Scott Hill Station
a. Scott Hill to Harrison
West Launcher
No No No
40.213707,
-81.199295
2
Case 2:18-cv-00520-LPL Document 2-1 Filed 04/24/18 Page 75 of 104
Stand-Alone Facility ¶ 19.a.-b. ¶ 19.c. ¶ 19.d.
Apply? Applies? Applies?
(Install and (Install Pig (Use of
Use Jumper Ramp) Mobile Flare
Line) as Necessary)
b. BK Stevens Receiver No Yes No
c. Scott Hill to Yoder No No No
Launcher
13. Wheatley Station
a. McCort to Wheatley No Yes Yes
Receiver
b. Wheatley to No No Yes
Humphreys Launcher
Coordinates
39.910131,
-81.201674
3
Case 2:18-cv-00520-LPL Document 2-1 Filed 04/24/18 Page 76 of 104
Appendix 6
Pennsylvania and Ohio Stand-Alone Facilities Subject to Paragraph 21
Pennsylvania
Stand-Alone Facility Coordinates
1. Airport L/R Site
40.37395927760,
-80.30305865130
2. Amwell Meter Site
40.14614613440,
-80.20302966240
3. Best Site L/R Site
40.23147156770, -80.33893228910
4. Brenckle Header
40.84400668670,
-80.01438657980
5. Bowen Rd L/R Site
40.35620228600,
-80.29091780790
6. Drugmand L/R Site
40.32121915270,
-80.30277507650
7. Meter Site Greco
40.09104915880,
-80.20974335020
8. Houston National Fuel
40.24940452070,
-80.34876507660
M&R Site
9. Lowry Meter Station & L/R
40.24942497510, -80.34873637460
Site
10. Mounts Road L/R Site
40.13289991020, -80.31682797040
11. Hoskins L/R Station
40.24945714620, -80.26379790300
12. Patterson Rd (Avella) L/R
40.27381420040, -80.42744742360
Site
13. ROW Bame
40.81714493130, -80.08961472930
14. ROW Bare
40.41178582760, -80.35589611000
15. ROW Behm
40.79583936330, -80.04148611180
16. ROW Best
40.23164739230, -80.33641676650
17. ROW Breakneck
40.77764731670, -80.08564275290
18. Claysville Taylorstown Rd
40.14849469170, -80.40984054650
L/R Site
1
Case 2:18-cv-00520-LPL Document 2-1 Filed 04/24/18 Page 77 of 104
Stand-Alone Facility Coordinates
19. Fallen Timber Rd L/R Site
40.27072933350, -80.49157469860
20. Hillcrest Ln L/R Site
40.21167059680, -80.34995610710
21. Scenic Dr (Chase) L/R Site
40.19905575650, -80.44969751100
22. Fox Road (Cravat Coal) L/R
40.20519747190, -80.42570011420
Site
23. Oakleaf Rd L/R Site
40.25409971610, -80.37131701950
24. Lynn Portal Rd L/R Site
40.25874697060, -80.36964903040
25. Grimes L/R Site
40.13299991620, -80.43109470140
26. McGowan Rd L/R Site
40.14279324820, -80.22140131220
27. Buck Run Rd L/R Site
40.18536844860, -80.44308026640
28. Brush Run Rd L/R Site
40.20720289960, -80.37080643150
29. Scenic Dr (Falconi) L/R Site
40.26595604250, -80.46084767610
30. Deerfield Rd L/R Site
40.11630590800, -80.27285940870
31. ROW Hamilton
40.85929594380, -80.14286462350
32. Pleasant Valley Rd (Hanes)
40.16377825080, -80.34140927220
L/R Site
33. Buck Run Rd (Hercules)
40.13837364120, -80.42497159930
L/R Site
34. Toll Gate Rd L/R Site
40.10314260290, -80.46782350840
35. ROW JRGL
40.84398338570, -80.10487271690
36. Hackney Station Rd L/R
40.03182652570, -80.21131940660
Site
37. Valleyview Rd L/R Site
40.40304581570, -80.33243646710
38. Sugar Run Rd
40.23188521750, -80.47933489330
39. Meddings Rd (Little) L/R
40.26507985420, -80.23774634660
Site
2
Case 2:18-cv-00520-LPL Document 2-1 Filed 04/24/18 Page 78 of 104
Stand-Alone Facility Coordinates
40. ROW LL Property
40.84029348320, -80.08598831230
41. Walker Rd L/R Site
40.35085903180, -80.42689905960
42. Strope Rd L/R Site
40.33513883610, -80.44326981090
°
43. Nickolay Rd L/R Site
40.30167354440, -80.40734222390
44. McMaster L/R Site
40.31124638210, -80.30097450590
45. Caldwell Rd L/R Site
40.28261382140, -80.35555972230
46. ROW Pallack
40.85004087970, -80.08157787530
47. ROW Parees
40.38722027540, -80.30502008320
48. Scenic Dr (Pete Zappi) L/R
40.20364205010, -80.44809086520
Site
49. McAdams Rd (Phelan) L/R
40.09539268620, -80.22951699520
Site
50. Carns Lane L/R Site
40.32423905170, -80.36576671750
51.
ROW Powell
40.74363745330, -79.9604929242
0
52. Patterson Rd (R. Margaria)
40.28723537050, -80.43589296710
L/R Site
53. Agape Rd (Rukavina) L/R Site
40.26725418690, -80.36329205560
54. Fox Rd (Rush) L/R Site
40.22866432510, -80.42395307960
55. Patterson Ln (L/R) Site
40.22064084750, -80.33797828550
56. Joffre Cherry Valley Rd L/R
40.35359238190, -80.33301815770
Site
57. ROW Schilling
40.75341364380, -79.99506226040
58. Dille Rd (Strawn) L/R Site
40.04603091090, -80.24107217480
59. ROW Varner
40.17378970270, -80.46539519780
60. Lynn Rd L/R Site
40.22840547500, -80.32462392150
3
Case 2:18-cv-00520-LPL Document 2-1 Filed 04/24/18 Page 79 of 104
Stand-Alone Facility Coordinates
61. ROW Warner
40.84397086940, -80.11171987180
62. ROW West
40.75104115670, -79.97716026150
63. Dille Rd (Whitmer) L/R Site
40.04048742890, -80.23640364280
64. Sharp Meter Site (Ridge
40.26769369990, -80.21010761160
Ave L/R Site)
65. Swain Hill
40.81898776310, -80.08484177090
66. Temple T L/R Site
40.22417625130, -80.44906886280
67. Agape Rd (Triple) L/R Site
40.26804165920, -80.36563975230
68. Well Pad Bare
40.40342650950, -80.37723290090
69. Well Pad Behm
40.79672204020, -80.03451440360
70. Well Pad BNBC
40.77079850210, -80.10355358670
71. Well Pad Breakneck
40.77075318260, -80.10355581720
72. Well Pad Burgh
40.87569389260, -80.12625895460
73. Well Pad Carol Baker
40.23009012030, -80.27796334060
74. Well Pad Carson B
40.84625933330, -80.03219656250
75. Well Pad Chase
40.20175530230, -80.46770417890
76. Durkacs L/R Site
40.283977778, -80.229130555
77. Well Pad Eleanor West
40.20710177410, -80.38557015700
78. Well Pad Ferree
40.72843685230, -79.90603378450
79. Well Pad Franklin 2
40.14094073750, -80.26221722840
80. Well Pad Gilliland
40.84241439010, -80.03392781810
81. Well Pad John Miller
40.21521587750, -80.31559765760
4
Case 2:18-cv-00520-LPL Document 2-1 Filed 04/24/18 Page 80 of 104
Stand-Alone Facility Coordinates
82. Well Pad Kraeer
83. Well Pad Lynn
84. Well Pad MCC
85. Well Pad McElhinney
86. Well Pad Meyer
87. Well Pad Midler A
88. Well Pad Paxton
89. Well Pad Plesniak
90. Well Pad Pollana
91. Well Pad R. Margaria
92. Well Pad Stebbins
93. Well Pad Stefkovich
94. Well Pad Talarico
95. Well Pad Worstell
96. Well Pad Aloe
97. Well Pad Imperial East
98. Well Pad Imperial North
99. Well Pad Charelli
100. Well Pad Drugmand
101. Well Pad Franklin 1
102. Well Pad June Hoskins
40.21816609360,
40.82164973840,
40.34397056500,
40.77986241940,
40.77357077330,
40.29650600530,
40.25621631280,
40.87216680500,
40.30559829300,
40.28531146480,
40.79463038620,
40.27733921230,
40.79264245230,
40.27474883780,
40.36361111,
40.38121944,
40.3847611,
40.3543667,
40.32065,
40.15145556,
40.24821111,
-80.45752184520
-79.96377223130
-80.43256951140
-80.01889964030
-80.08385907690
-80.41270793020
-80.24725325410
-80.08007954920
-80.36009428140
-80.43233486240
-79.96722033100
-80.45377227360
-80.08005861390
-80.21630888150
-80.2692444
-80.25612778
-80.27874444
-80.28129722
-80.3023578
-80.25371667
-80.2627001
5
Case 2:18-cv-00520-LPL Document 2-1 Filed 04/24/18 Page 81 of 104
Stand-Alone Facility Coordinates
103. Well Pads Wylie 40.26177222, -80.27190833
104. Well Pad Avella Lands 40.27136944, -80.43052778
105. Well Pad Breese 40.14353611, -80.39037778
106. Well Pad Campbell 40.27816389, -80.48513611
107. Well Pad Chappel 40.21136111, -80.35252778
108. Well Pad Cravit Coal 40.20503611, -80.42930833
109. Well Pad CC 41-44 40.25441944, -80.37799167
110. Well Pad CC 6-9, 25 40.25972778, -80.38564167
111. Well Pad Old McDonald 40.12071111, -80.43345013
112. Well Pad Earl Redd 40.14277778, -80.22141111
113. Well Pad Falconi 40.26966389, -80.50097221
114. Well Pad Folly Hollow 40.11380833, -80.26863056
115. Well Pad Georgetti 40.24512222, -80.48410833
116. Well Pad McAdoo 40.21458333, -80.49498056
117. Well Pad Goettle 40.23987778, -80.46559444
118. Well Pad Kennedy 40.23206389, -80.48385556
119. Well Pad Hanes 40.16891944, -80.35004722
120. Well Pad Hercules 40.14573611, -80.42516944
121. Well Pad Hunter 40.09600278, -80.47336945
122. Well Pad Kearny 40.02977222, -80.21465833
123. Well Pad Kendall 40.40645556, -80.32643333
124. Well Pad MCC West 40.33761389, -80.44501944
6
Case 2:18-cv-00520-LPL Document 2-1 Filed 04/24/18 Page 82 of 104
Stand-Alone Facility Coordinates
125. Well Pad McIntyre 40.29370278, -80.39157778
126. Well Pad Minichi 40.30496389, -80.32689444
127. Well Pad McMasters 40.31078056, -80.30234722
128. Well Pad Ohio Valley 40.27660556, -80.34920833
129. Well Pad Johnston 40.27631389, -80.23965278
130. Well Pad Painter 40.27277222, -80.25871111
131. Well Pad Parees 40.39088611, -80.299152778
132. Well Pad Pete Zappi 40.20325556, -80.44185833
133. Well Pad Phelan 40.09114722, -80.24646389
134. Well Pad Rukavina 40.26523333, -80.36197501
135. Well Pad Rush 40.22270556, -80.41881111
136. Well Pad R. Carslise 40.21708056, -80.33216389
137. Well Pad Sasso 40.36851111, -80.35763889
138. Well Pad Strawn 40.04582222, -80.25218888
139. Well Pad Varner 40.172416667, -80.46723056
140. Varner to E. Zappi Launcher 40.17558889, -80.46682503
141. Well Pad Ward 40.22967003, -80.32365278
142. Well Pad Whitmer 40.02379167, -80.24307502
143. Well Pad Costanzo 40.26727222, -80.35452778
144. Well Pad Yanavich 40.21778333, -80.26991667
145. Well Pad Dorothy Green 40.19993611, -80.47827501
146. Well Pad Troyer Farms 40.28809722, -80.21635833
7
Case 2:18-cv-00520-LPL Document 2-1 Filed 04/24/18 Page 83 of 104
Stand-Alone Facility Coordinates
147. Well Pad Khouri 40.20993889, -80.40015015
148. Well Pad Kopko 40.21137778, -80.29239724
149. Well Pad Kraeer West 40.21553333, -80.46209722
150. Well Pad Carnes Donald 40.28363889, -80.38654723
151. Well Pad Lehman 40.29895555, -80.37828333
152. Well Pad Kancel 40.28785556, -80.41620278
153. Well Pad W. Cowden 40.30847503, -80.37043611
154. Well Pad CC 17-19, 45-47 40.26315002, -80.40854722
155. Well Pad Photon 40.26468333, -80.21717505
156. Well Pad L. Smith 40.12773611, -80.34577801
157. ROW L. Smith L/R 40.11939442, -80.34563611
158. Well Pad A&D Ferguson 40.29096667, -80.24841667
159. Well Pad Engle 40.30635278, -80.23452504
160. Well Pad Bloom 40.84400691, -80.01438658
161. Well Pad Bricker 40.85586944, -80.02126111
162. Well Pad Graham 40.83919444, -80.05586667
163. Well Pad Shipley 40.82048333, -80.00895556
164. Well Pad Ballie Trust 40.76065556, -80.08748065
165. Well Pad Lamperski 40.80330833, -80.02951111
166. Well Pad R. Knauf 40.80346111, -80.06258889
167. Well Pad Burr-Brennan 40.87219167, -80.04880833
168. Well Pad Ceasar 40.88700833, -80.09868889
8
Case 2:18-cv-00520-LPL Document 2-1 Filed 04/24/18 Page 84 of 104
Stand-Alone Facility Coordinates
169. Well Pad Flinner 40.89144167, -80.07206667
170. Well Pad Hamilton 40.85896944, -80.14835005
171. Well Pad L&L Properties 40.83417502, -80.08932503
172. Well Pad Pallack 40.85868333, -80.09930556
173. Well Pad Schilling 40.75428334, -79.99429722
174. Well Pad Reno 40.73497781, -79.89145278
175. Well Pad West 40.74006111, -79.99027503
176. Well Pad R. Double 40.79726112, -80.08143056
177. Well Pad JRGL 40.81681389, -80.12953611
178. Well Pad Powell 40.76466944, -79.94619167
179. Well Pad Perry 40.87980556, -80.18103611
180. Well Pad Warner 40.84784722, -80.11418333
181. Well Pad Bell 40.76255556, -80.13437222
182. Well Pad Bame 40.80087222, -80.09644278
183. Well Pad Alex Paris 40.29338333, -80.46162222
184. Well Pad Bedillion Day 40.11590833, -80.22677222
185. Well Pad Bigley 40.13135833, -80.18826388
186. Well Pad Burkett 40.32740555, -80.45561111
187. Well Pad Carns 40.32583888, -80.37212777
188. Well Pad Clingerman 40.25311388, -80.32005833
189. Well Pad Farabee 40.06371666, -80.20518888
190. Well Pad Gillett 40.18281666, -80.36071067
9
Case 2:18-cv-00520-LPL Document 2-1 Filed 04/24/18 Page 85 of 104
Stand-Alone Facility Coordinates
191. Well Pad Godwin 40.24441389, -80.30912499
192. Well Pad Noble-Greathouse 40.10858889, -80.44535564
193. Well Pad Inches 40.34806667, -80.36915556
194. Well Pad John Day 40.12205834, -80.21701670
195. Well Pad Kearns 40.20641389, -80.41984722
196. Well Pad Lindley 40.03942778, -80.29100833
197. Well Pad Lois Miller 40.24075833, -80.36516944
198. Well Pad O’Donnell 40.23306944, -80.35092230
199. Well Pad Mele 40.25098889, -80.29406944
200. Buffalo Creek Launcher 40.17696388, -80.40658333
201. Prospect Road Launcher 40.80188333, -80.05266944
202. Well Pad Malinky 40.36193889, -80.30718611
203. Cowden Pad 40.329463888, -80.282280555
204. Elm Rd. 40.283461111, -80.314280555
205. Well Pad Constance Zappi 40.179097222, -80.406086111
206. Well Pad Little 40.255397222, -80.236719444
10
Case 2:18-cv-00520-LPL Document 2-1 Filed 04/24/18 Page 86 of 104
Ohio
Stand-Alone Facility Coordinates
1. Bolton Launcher Station 39.938144, -81.206353
2. Wright Station 39.933098, -81.208784
3. Caston Miller Receiver Station 40.130142, -81.323137
4. Coal Run Eagle Creek Station 40.067335, -81.099467
5. Eagle Creek Receiver Station 40.080931, -81.115004
6. Groh Receiver Station 40.112375, -81.366465
7. Heavillin Road Station 40.268289, -81.148645
8. Inherst Station 39.889863, -81.177801
9. Leatherwood Station 39.966288, -81.273205
10. Greenlawn Road Station 39.985663, -81.287137
11. Jones Station 39.79069, -81.059774
12. Kinsey Station 40.289319, -81.279951
13. Crum Road Station 39.861991, -81.045932
14. National OCO Road Station 40.083685, -81.016877
15. Miller Road Station 40.109296, -81.070266
16. Eldon Road Station 39.950794, -81.259223
17. Oak Hill Road Station 40.100566, -81.021299
18. Old Piedmont Kimble Station 40.197874, -81.193600
19. Ripley Station-2 40.144020, -81.305489
20. Buskirk Lane Detweiler Station 39.994646, -81.393084
11
Case 2:18-cv-00520-LPL Document 2-1 Filed 04/24/18 Page 87 of 104
Stand-Alone Facility
21. Stutzman Station-2
22. Mt. Olivett Shugert Station - 3
23. Tyson Receiver Station
24. Westhawk Station
25. Wagner Station
26. Boyscout Station
27. Mt. Olivett Shugert Station
28. BK Stephens-2
29. Stout Station
30. Clay Station
31. Noble Station
32. Marshall Road Station
33. Clark South Station
34. Shriver Station
35. Ohio 556 Station
36. Hudson Road Station
37. Trembly Ridge Road Station
38. Vozar Station
39. Caston Station
40. Lawson LND Station
41. Bedway Station
42. McGee Station
Coordinates
39.891061, -81.171815
40.038708, -81.146225
40.187745, -81.162444
39.843335, -81.030991
40.1735277, -81.07825
40.25867025, -81.21354888
40.04909476, -81.12826697
40.18575333, -81.1665594
40.18622222, -81.20461111
40.17324326, -81.22616504
39.94673422, -81.28760737
40.1072222, -81.3307222
39.893337, -81.145224
39.840238, -81.046996
39.856315, -80.996473
39.861175, -81.017864
39.809928, -81.040442
40.198232, -81.207992
40.133954, -81.326833
40.127986, -81296972
40.076193, -81.024371
39.94562771, -81.23406919
12
Case 2:18-cv-00520-LPL Document 2-1 Filed 04/24/18 Page 88 of 104
Stand-Alone Facility Coordinates
43. Miller Station
44. Puskarich Station
45. Bahmer Station
46. Red Hill Tarbert Station
47. Lake LND Stattion
48. Brothers Station
49. Triple B Station
50. Hayes Station
51. Shugert Daddy Station
52. Jones Launcher Station
53. Amanda Station
54. Wesley Station
55. Michael Station
56. Darla Station
57. Karen Station
58. Detweiler Station
59. Groh Station
60. Onega Station
61. Cadiz Road Piedmont Clay Station
62. J Anderson Station
63. J Hall Station
64. Stiers Station
40.12941667, -81.31125
40.202308, -81.16281
39.94816886, -81.20429452
40.201221, -81.179773
40.148834, -81.297728
39.95147891, -81.21878497
40.06924617, -81.07527801
40.044293, -81.121239
40.00523641, -81.41198983
40.25474023, -81.16676636
39.8886365, -81.17061957
39.89328118, -81.15947025
40.19500259, -81.17202306
40.17793958, -81.07410902
40.02580771, -81.29045958
39.98857029, -81.38588845
40.11030961, -81.37014543
39.99941027, -81.43802381
40.17769444, -81.23427778
39.974759, -81.270049
39.991753, -81.260724
39.951932, -81434505
13
Case 2:18-cv-00520-LPL Document 2-1 Filed 04/24/18 Page 89 of 104
Stand-Alone Facility Coordinates
65. Swallie Station 40.039191, -81.139875
66. Milliken Station 40.174307, -81.239336
67. Stronz Station 39.931337, -81.123607
14
Case 2:18-cv-00520-LPL Document 2-1 Filed 04/24/18 Page 90 of 104
APPENDIX 7
HUMPHREYS AMBIENT AIR MONITORING SEP FOR THE HUMPHREYS
COMPRESSOR STATION IN OHIO
A. General Requirements
1. Pursuant to Section VI of the Consent Decree, and in accordance with the
specifications and provisions in this Appendix, MarkWest will install, operate, and
maintain an ambient air monitoring system (“AAMS”) at the Humphreys
Compressor Station and provide data as required by this Appendix and the Consent
Decree.
2. Within 120 Days of the Effective Date, MarkWest shall submit to EPA for review
and approval a plan (the “Humphreys Monitoring Plan”) that shall include, at a
minimum:
a. An identification of the location of the meteorological station required by
this Appendix and how this location meets this Appendix’s requirements.
b. Compliance with the monitoring requirements in 40 C.F.R. Part 58,
Appendix E, and in accordance with the NATTS guidance document
available at
https://www3.epa.gov/ttnamti1/files/ambient/airtox/NATTS%20TAD%20R
evision%203_FINAL%20October%202016.pdf
c. A Quality Assurance Project Plan (“QAPP”) that describes the Quality
Assurance/Quality Control procedures, specifications, and other technical
activities to be implemented to ensure: (i) that the results of this SEP meet
project specifications; and (ii) the accuracy, validity, representativeness, and
usability of the data obtained by all monitoring equipment, including the
stationary equipment and systems identified in Section B of this Appendix
(Stationary Equipment Requirements). The QAPP shall follow the outline
and guidance in the EPA publication entitled “QA Handbook for Air
Pollution Measurement Systems, Volume II, Ambient Air Quality
Monitoring Program,” EPA-454/B-13-003, May 2013.
d. A description of the implementation of Data Availability (Paragraph 17)
requirements of this Appendix.
e. A schedule, with a start date contingent upon approval of the Humphreys
Monitoring Plan, for expeditiously purchasing, installing, upgrading, and
commencing operation of specifically-identified systems and equipment that
met all requirements of this Appendix.
3. Upon EPA approval of the Humphreys Monitoring Plan, in compliance with the
Case 2:18-cv-00520-LPL Document 2-1 Filed 04/24/18 Page 91 of 104
schedule in the approved Humphreys Monitoring Plan, MarkWest shall purchase or
lease all equipment specified in the Humphreys Monitoring Plan, shall complete the
installation of all such equipment, and shall upgrade all systems or stations as set
forth in the approved Humphreys Monitoring Plan.
4. MarkWest shall promptly correct deficient implementation of its Humphreys
Monitoring Plan. Any disputes related to the Humphreys Monitoring Plan or this
Appendix shall be resolved pursuant to the procedures set forth in Section XIII
(Dispute Resolution) of the Consent Decree.
5. MarkWest may seek EPA approval to modify the Humphreys Monitoring Plan at
any time during the effective period of this Consent Decree.
B. Stationary Equipment Requirements
6. Overview. The AAMS shall include:
a. A meteorological station to monitor meteorological parameters (Paragraph
7);
b. Upwind and downwind stations to monitor air pollutants (Paragraphs 8-12);
and
c. A Data Acquisition System for all upwind, downwind, and meteorological
stations (Paragraph 13).
7. Instruments for Measuring and Recording Wind Speed, Wind Direction, Ambient
Temperature, and Barometric Pressure. Specific meteorological parameters will be
continuously monitored to obtain data representative of the meteorological
conditions at each facility. The data set produced shall be adequate to correlate
hourly block average conditions and thirty-minute rolling average conditions
(collected on a five-minute basis) with pollutant measurements and transport.
a. Continuously measured meteorological parameters shall include hourly
block average and thirty-minute rolling average horizontal wind speed and
wind direction, the standard deviation of horizontal wind direction (sigma
theta), air temperature, and barometric pressure. Wind speed and direction
shall be measured at a height of approximately 10 meters. Temperature and
barometric pressure shall be measured at a height of 2 to 3 meters. The
sensors shall, to the extent practicable, be positioned away from, or above,
obstructions such as buildings, trees, and process units that may interfere
with wind direction measurements.
b. Wind direction and sigma theta measurement data shall be auto-corrected to
True North, rounded to the nearest whole degree. Wind speed data shall be
reported in meters per second, rounded to the nearest tenth.
2
Case 2:18-cv-00520-LPL Document 2-1 Filed 04/24/18 Page 92 of 104
c. Air temperature data shall be reported in degrees Fahrenheit or Celsius,
rounded to the nearest tenth of a degree.
d. Barometric pressure data may be in any unit of pressure.
8. Air Pollutant Monitoring Stations: Equipment and Pollutant Measurement
Capability. MarkWest shall install continuous auto-gas chromatographs for VOCs
and separate continuous instruments for reduced sulfur compounds at each upwind
and downwind monitoring station so that each station has each of the following:
a. Instruments capable of measuring and recording the concentrations of the
following compounds in the air at a minimum detection level of 1.0 part per
billion by volume (ppbV): propane, butane, pentane, hexane, benzene,
toluene ethylbenzene, xylene and all of its isomers, and total VOCs. The
data will be recorded as hourly block averages.
b. Instruments capable of measuring and recording the concentrations of
reduced sulfur compounds at a minimum detection level of 1.0 ppbV. The
data will be recorded as hourly block averages.
c. The continuous measurement of the compounds listed in Subparagraph 8.a.
above, shall be accomplished using an auto-Gas Chromatograph (“GC”).
The automated GCs shall be operated and maintained in accordance with the
manufacturer’s recommendations and shall have a measurement range of 1.0
to 500 ppbV for all gases.
d. The continuous measurement of reduced sulfur compounds, listed in
Subparagraph 8.b. above, shall be accomplished using Teledyne API T102
Total Reduced Sulfur (TRS) analyzers. The instruments shall be operated
and maintained in accordance with the manufacturer’s recommendations,
shall be operated in high sensitivity mode, and shall have a measurement
range of 1.0 to 50 ppbV.
9. Air Pollutant Monitoring Stations: Temperature-Controlled Shelter: Each air
pollutant monitoring station shall be operated inside a temperature-controlled
equipment shelter.
a. The temperature within each shelter shall be continuously monitored and
recorded using a calibrated resistance temperature detector (“RTD”) and
microprocessor or PC-based data acquisition system.
b. The climate control system for each monitoring shelter will be capable of
maintaining a stable temperature within the range of 20ºC to 30ºC.
c. The monitoring shelters shall measure approximately 8 feet wide by 12 feet
3
Case 2:18-cv-00520-LPL Document 2-1 Filed 04/24/18 Page 93 of 104
long by 8 feet high.
d. Each shelter shall be anchored to the ground and be electrically grounded
for safety.
e. The shelter walls and roofs will have a minimum insulation rating of R11.
f. Each shelter will be equipped with electrical service panels, interior
electrical distribution circuits, lighting, workbench and sufficient space for
housing, operating, and maintaining the monitoring instruments. All
electrical wiring and appurtenances will conform to the National Electric
Code (NEC).
10. Air Pollutant Monitoring Station Locations. The air pollutant monitoring stations
shall be located at the following coordinates and identified as follows:
a. Humphreys Facility Upwind: Latitude: Longitude
b. Humphreys Facility Downwind: Latitude: Longitude
11. Air Pollutant Monitoring Systems Sampler Inlet Requirements. The sampler inlets
for each monitoring station shall comply with the following requirements:
a. The sampler inlets should be 2 to 5 meters above ground and have
unrestricted airflow 270 degrees around the sample inlet or 180 degrees if
the sampler is on the side of a building.
b. The sampler inlets should be >20 meters from the dripline of any tree(s).
c. The sampler inlets should be >1 meter away from supporting structures and
walls.
d. The distance from a sampler probe to an obstacle, such as a building, should
be at least twice the height the obstacle protrudes above the sampler, probe,
or monitoring path.
e. The sampler inlets should be away from minor sources, to avoid undue
influences from minor sources. The separation distance is dependent on the
height of the minor source’s emission point, the type of fuel or waste
burned, and the quality of the fuel.
12. Air Pollutant Monitoring Stations – Prohibition on Moving. MarkWest shall not
move the pollutant monitoring stations to a new location without prior written
approval by EPA. Movement of the pollutant monitoring station components for
maintenance shall not be restricted by this Paragraph.
4
Case 2:18-cv-00520-LPL Document 2-1 Filed 04/24/18 Page 94 of 104
13. Data Acquisition System (DAS). A DAS will be used to log all numerical data
generated by the air pollutant analyzers and weather instruments using a common
time-stamp. The DAS also will be programmed to correct pollutant concentration
data to standard temperature and pressure, and to automatically correlate pollutant
data with wind direction. The DAS outputs shall be in a file format that can be used
in common spreadsheet programs.
14. Nothing in this Appendix shall preclude the use of any other, additional fence line
monitoring equipment and/or of monitoring other, additional pollutants at the fence
line.
C. Operation of AAMS
15. MarkWest shall comply with all terms of this Appendix and the Humphreys
Monitoring Plan, including but not limited to operating and maintaining the
monitors, equipment, and systems described herein, for a period of no less than a
total of 720 days.
16. Quality Assurance/Quality Control (QA/QC). MarkWest shall ensure that all data
collected by the AAMS are subjected to the approved QA/QC procedures on a
quarterly basis. The QA/QC procedures for a given quarter’s data shall be
completed by no later than the end of the quarter following the quarter within which
the data were collected.
17. Data Submission. MarkWest shall provide Relevant Data on a quarterly basis,
within 45 days of the end of each calendar quarter. For purposes of this Paragraph,
“Relevant Data” shall mean the hourly block averages of propane, butane, pentane,
hexane, benzene, toluene ethylbenzene, xylene and all of its isomers, total VOCs,
and reduced sulfur compounds, wind speed, and wind direction that are collected
during periods at all times. MarkWest shall submit the data in a manner that allows
pollutant concentrations, wind speed, and wind direction to be viewed concurrently
and indicate that these data meet the QA/QC procedures in Subparagraph C.16 of
this Appendix. All numerical data shall be presented in a format that can be used in
common spreadsheet programs. MarkWest shall maintain the Relevant Data
collected through the AAMS as required by the Consent Decree.
18. Annual Reports. MarkWest shall prepare and submit at least two annual reports.
These reports will detail the operation of the VOC, RSC, and meteorological
equipment as well as any maintenance and service work performed at each
monitoring location. These reports will contain data summaries, a summary of any
problems encountered in the monitoring project and the status of any current
problems and corrective actions performed, a summary of any meetings or
correspondence addressing the monitoring program, a synopsis of percent recovery
including brief explanations of missing data, overall data recovery, quality control,
and all quality assurance documentation. Each report will include a fully quality�
assured hourly data file in Excel format and an Adobe Acrobat PDF copy of the
5
Case 2:18-cv-00520-LPL Document 2-1 Filed 04/24/18 Page 95 of 104
formalized report. Each report will be provided within 45 days of the end of each
year-long monitoring period.
6
Case 2:18-cv-00520-LPL Document 2-1 Filed 04/24/18 Page 96 of 104
APPENDIX 8
AMBIENT AIR MONITORING SEP FOR THE HARMON CREEK GAS PROCESSING
PLANT IN THE VICINITY OF SMITH TOWNSHIP, WASHINGTON COUNTY,
PENNSYLVANIA
A. General Requirements
1. Pursuant to Section VI of the Consent Decree, and in accordance with the
specifications and provisions in this Appendix, MarkWest will install, operate, and
maintain an ambient air monitoring system in the vicinity of the proposed Harmon
Creek Gas Processing Plant (“HC”) in Smith Township, Washington County,
Pennsylvania and provide data as required by this Appendix and the Consent
Decree (hereinafter the “Harmon Creek Monitoring System”).
2. Within 120 Days of the Effective Date, MarkWest shall submit to EPA and PADEP
for review and, following consultation with PADEP, approval by EPA a plan (the
“Harmon Creek Monitoring Plan”) that shall include, at a minimum:
a. The proposed location of the meteorological station required by this
Appendix, a discussion of how the location meets the siting criteria
discussed below, the specifications of the station, a discussion of how these
specifications meet the data measurement criteria discussed below, and the
proposed date for installation and operation. Before submitting the complete
Harmon Creek Monitoring Plan, MarkWest may submit a separate plan for
installing the meteorological station in order to speed installation and
operation of the station.
b. A description of the three VOC monitors to be installed, how this
monitoring equipment meets the criteria discussed below, and a schedule for
proposing the specific locations of this monitoring equipment.
c. Compliance with the monitoring requirements in 40 C.F.R. Part 58,
Appendix E, and in accordance with the NATTS guidance document
available at
https://www3.epa.gov/ttnamti1/files/ambient/airtox/NATTS%20TAD%20R
evision%203_FINAL%20October%202016.pdf
d. A Quality Assurance Project Plan (“QAPP”) that describes the Quality
Assurance/Quality Control procedures, specifications, and other technical
activities to be implemented to ensure: (i) that the results of this SEP meet
project specifications; and (ii) the accuracy, validity, representativeness, and
usability of the data obtained by all monitoring equipment, including the
stationary equipment and systems identified in Section B of this Appendix
(Stationary Equipment Requirements). The QAPP shall follow the outline
and guidance in the EPA publication entitled “QA Handbook for Air
Case 2:18-cv-00520-LPL Document 2-1 Filed 04/24/18 Page 97 of 104
Pollution Measurement Systems, Volume II, Ambient Air Quality
Monitoring Program,” EPA-454/B-13-003, May 2013.
e. A description of the implementation of Data Availability (Paragraph 17)
requirements of this Appendix.
f. A schedule, with a start date contingent upon approval of the Harmon Creek
Monitoring Plan, for (i) expeditiously purchasing, installing, upgrading, and
commencing operation of specifically-identified systems and equipment that
meet all requirements of this Appendix and (ii) completing the monitoring
and submitting a final report to EPA and PADEP.
3. Upon EPA approval, after consultation with PADEP, of the Harmon Creek
Monitoring Plan, MarkWest shall purchase all equipment specified in the plan, shall
complete the installation of all such equipment, and shall upgrade all systems or
stations as set forth in the schedule in the approved plan.
4. MarkWest shall promptly correct deficient implementation of its Harmon Creek
Monitoring Plan. Any disputes related to the plan or this Appendix shall be resolved
pursuant to the procedures set forth in Section XIII (Dispute Resolution) of the
Consent Decree.
5. MarkWest may seek EPA approval to modify the Harmon Creek Monitoring Plan at
any time during the effective period of this Consent Decree. EPA will consult with
PADEP on any such request.
B. Stationary Equipment Requirements
6. Overview. The Harmon Creek Monitoring System shall include:
a. A meteorological station to monitor meteorological parameters (Paragraph
7);
b. Three air pollutant monitoring stations: one located a short distance upwind
of HC (“Upwind Station”), one located a short distance downwind of HC
(“Near Downwind Station”), and one located further downwind
(approximately 1 – 3 km) of HC (“Far Downwind Station”) (collectively
referred to as “Air Pollutant Monitoring Stations”) (Paragraphs 8-12); and
c. A Data Acquisition System for all Air Pollutant Monitoring Stations and the
meteorological station (Paragraph 13).
7. Instruments for Measuring and Recording Wind Speed, Wind Direction, Ambient
Temperature, and Barometric Pressure. Specific meteorological parameters will be
continuously monitored to obtain data representative of the meteorological
conditions at HC. The data set produced shall be adequate to correlate hourly block
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average conditions and thirty-minute rolling average conditions (collected on a five-
minute basis) with pollutant measurements and transport.
a. Continuously measured meteorological parameters shall include hourly
block average and thirty-minute rolling average horizontal wind speed and
wind direction, the standard deviation of horizontal wind direction (sigma
theta), air temperature, and barometric pressure. Wind speed and direction
shall be measured at a height of approximately 10 meters. Temperature and
barometric pressure shall be measured at a height of 2 to 3 meters. The
sensors shall, to the extent practicable, be positioned away from, or above,
obstructions such as buildings, trees, and process units that may interfere
with wind direction measurements.
b. Wind direction and sigma theta measurement data shall be auto-corrected to
True North, rounded to the nearest whole degree. Wind speed data shall be
reported in meters per second, rounded to the nearest tenth.
c. Air temperature data shall be reported in degrees Fahrenheit or Celsius,
rounded to the nearest tenth of a degree.
d. Barometric pressure data may be in any unit of pressure.
8. Air Pollutant Monitoring Stations: Equipment and Pollutant Measurement
Capability. MarkWest shall install the following equipment at each of the Air
Pollutant Monitoring Stations:
a. Instruments capable of measuring and recording the concentrations of the
following compounds in the air at a minimum detection level of 1.0 part per
billion by volume (ppbV): C
2
to C
6
(i.e. from ethane through 1,3‐butadiene
up to benzene) and up to 32 compounds from C
6
to C
12
(hexane,
dimethylbutane, diethylbenzene, naphthalene, dodecane, BTEX, and
halogen compounds), and total VOCs. The VOC data will be recorded as
hourly averages.
b. An auto gas chromatograph (“GC”) shall be employed to accomplish the
continuous measurement of the compounds listed in Subparagraph 8.a.
above. The automated GC shall be operated and maintained in accordance
with the manufacturer’s recommendations and shall have a measurement
range of 1.0 to 500 ppbV for all gases.
9. Air Pollutant Monitoring Stations: Temperature-Controlled Shelter: Each air
pollutant monitoring station shall be operated inside a temperature-controlled
equipment shelter.
a. The temperature within each shelter shall be continuously monitored and
recorded using a calibrated resistance temperature detector (“RTD”) and
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microprocessor or PC-based data acquisition system.
b. The climate control system for each monitoring shelter will be capable of
maintaining a stable temperature within the range of 20ºC to 30ºC.
c. The monitoring shelters shall measure approximately 8 feet wide by 8 feet
long by 8 feet high.
d. Each shelter shall be anchored to the ground and be electrically grounded
for safety.
e. The shelter walls and roofs will have a minimum insulation rating of R11.
f. Each shelter will be equipped with electrical service panels, interior
electrical distribution circuits, lighting, workbench and sufficient space for
housing, operating, and maintaining the monitoring instruments. All
electrical wiring and appurtenances will conform to the National Electric
Code (NEC).
10. Air Pollutant Monitoring Systems Sampler Inlet Requirements. The sampler inlets
for each monitoring station shall comply with the following requirements:
a. The sampler inlets should be 2 to 5 meters above ground and have
unrestricted airflow 270 degrees around the sample inlet or 180 degrees if
the sampler is on the side of a building.
b. The sampler inlets should be >20 meters from the dripline of any tree(s).
c. The sampler inlets should be >1 meter away from supporting structures and
walls.
d. The distance from a sampler probe to an obstacle, such as a building, should
be at least twice the height the obstacle protrudes above the sampler, probe,
or monitoring path.
e. The sampler inlets should be away from minor sources, to avoid undue
influences from minor sources. The separation distance is dependent on the
height of the minor source’s emission point, the type of fuel or waste
burned, and the quality of the fuel.
f. Each Air Pollutant Monitoring System shall be housed in a climate
controlled monitoring shelter and shall draw air through a sampling tube that
meets the criteria at
https://www3.epa.gov/ttn/amtic/files/ambient/pams/newtad.pd.
11. Air Pollutant Monitoring Stations – Prohibition on Moving. MarkWest shall not
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move the pollutant monitoring stations to a new location without prior written
approval by EPA, following consultation with PADEP. Movement of the pollutant
monitoring station components for maintenance shall not be restricted by this
Paragraph.
12. Data Acquisition System (“DAS”). A DAS will be used to log all numerical data
generated by the air pollutant analyzers and weather instruments using a common
time-stamp. The DAS also will be programmed to correct pollutant concentration
data to standard temperature and pressure, and to automatically correlate pollutant
data with wind direction. The DAS outputs shall be in a file format that can be used
in common spreadsheet programs.
13. Nothing in this Appendix shall preclude the use of any other, additional fence line
monitoring equipment and/or of monitoring other, additional pollutants at the fence
line.
C. Operation of Harmon Creek Monitoring System
14. MarkWest shall comply with all terms of this Appendix and the Harmon Creek
Monitoring Plan, including but not limited to operating and maintaining the
monitors, equipment, and systems described herein, for a period of no less than a
total of 720 days.
15. Quality Assurance/Quality Control (“QA/QC”). MarkWest shall ensure that all data
collected by the Harmon Creek Monitoring System are subjected to the approved
QA/QC procedures on a quarterly basis. The QA/QC procedures for a given
quarter’s data shall be completed by no later than 45 days following the end of the
quarter in which the data were collected.
16. Quarterly Submissions. MarkWest shall provide Relevant Data on a quarterly basis,
within 45 days of the end of each calendar quarter. For purposes of this Paragraph,
“Relevant Data” shall mean the quality assured hourly block averages of
compounds identified in Table A, attached, and all meteorological data collected
(see Paragraph 7). MarkWest shall submit the data in a manner that allows pollutant
concentrations and meteorological data to be viewed concurrently and indicate that
these data meet the QA/QC procedures in Paragraph 15 of this Appendix. All
numerical data shall be presented in a format that can be used in common
spreadsheet programs. MarkWest shall maintain and retain the Relevant Data
collected through the Harmon Creek Monitoring System as required by the Consent
Decree. In addition to the Relevant Data, MarkWest shall provide the following
information on a quarterly basis: a summary of any problems encountered in the
monitoring project and the status of any current problems and corrective actions
performed, a summary of any meetings or correspondence addressing the
monitoring program, a synopsis of percent recovery including brief explanations of
missing data, overall data recovery, quality control, and all quality assurance
documentation, as well the results of any Performance Audits performed during the
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quarter.
17. Final Report. Within 90 days of the conclusion of the monitoring period, MarkWest
shall prepare and submit a Final Report. The Final Report shall describe the
Harmon Creek Monitoring System sampling, compile all data collected, including
meteorology, chemical compounds, and QA/QC, and interpret and analyze the data
collected by the Harmon Creek Monitoring System.
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TABLE A
Compound
Parameter
Code
Carbon disulfide
42153
Dodecane 43141
Ethane 43202
Ethene 43203
Propane 43204
Propene
43205
Ethyne 43206
Butane 43212
Isobutane 43214
trans-2-Butene 43216
cis-2-Butene 43217
Pentane 43220
Isopentane 43221
1-Pentene 43224
trans-2-Pentene 43226
cis-2-Pentene 43227
3-methylpentane 43230
n-hexane
43231
n-heptane
43232
Octane 43233
Nonane 43235
Decane 43238
Cyclopentane 43242
Isoprene 43243
2,2,-Dimethylbutane 43244
1-Hexene 43245
2,4-Dimethylpentane 43247
Cyclohexane
43248
3-Methylhexane 43249
2,2,4-Trimethylpentane 43250
2,3,4-Trimethylpentane 43252
3-Methylheptane 43253
Methylcyclohexane 43261
Methylcyclopentane 43262
2-methylhexane 43263
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Compound
Parameter
Code
1-Butene 43280
2,3-Dimethylbutane 43284
2-methylpentane 43285
2,3-Dimethylpentane 43291
Acrolein
43505
Acetone
43551
2-Butanone (MEK)
43552
2-Hexanone
43559
Chloromethane
43801
Chloroform
43803
Carbon tetrachloride
43804
Trichlorofluoromethane
43811
1,1,1-Trichloroethane
43814
Tetrachloroethene (PERC)
43817
1,1,2-Trichloro-1,2,2-
trifluoroethane
43821
Dichlorodifluoromethane
43823
Trichloroethylene (TCE)
43824
Methylene chloride
43860
Undecane 43954
2-Methylheptane 43960
m&p-Xylene
45109
Benzene
45201
Toluene
45202
Ethylbenzene
45203
o-Xylene
45204
1,3,5-Trimethylbenzene
45207
1,2,4-Trimethylbenzene
45208
Propylbenzene 45209
Isopropylbenzene 45210
1-Ethyl-2-Methylbenzene 45211
1-Ethyl-3-Methylbenzene 45212
1-Ethyl-4-methylbenzene
45213
m-Diethylbenzene 45218
p-Diethylebenzene 45219
Styrene
45220
1,2,3-Trimethylbenzene 45225
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Parameter
Compound Code
Tetrahydrofuran (THF)
46401
9
