WES DJ Gathering LLC Clean Air Act Settlement Information Sheet
(Denver, CO – April 20, 2023) - The U.S. Environmental Protection Agency (EPA), the U.S. Department of Justice, and the State of Colorado announced a settlement agreement with WES DJ Gathering LLC (WDJG), formerly Kerr-McGee Gathering LLC, that will strengthen air pollution controls at three contiguous natural gas processing plants near Fort Lupton, Weld County, Colorado (Fort Lupton Complex). This settlement resolves the ongoing litigation that began in July 2020 when the United States and State of Colorado filed a complaint alleging violations of the Clean Air Act and the Colorado Air Pollution Prevention and Control Act at the Fort Lupton Complex.
- Overview
- Violations
- Injunctive Relief
- Pollutant Reductions
- Health Effects and Environmental Benefits
- Civil Penalty
- Comment Period
- Contact
Overview of Company
WES DJ Gathering LLC (WDJG)—formerly known as Kerr-McGee Gathering LLC—is a limited liability company formed in the State of Colorado. WDJG is a wholly owned subsidiary of Western Midstream Partners, LP—an affiliate of Occidental Petroleum Corporation. WDJG gathers, treats, compresses, processes, transports, and markets natural gas and natural gas liquids.
Violations
On July 1, 2020, the United States and the State of Colorado filed a complaint alleging violations of the Clean Air Act and the Colorado Air Pollution Prevention and Control Act at the Fort Lupton Complex. The complaint alleges that WDJG failed to comply with Leak Detection and Repair (LDAR) requirements under New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants that apply to natural gas processing plants.
Injunctive Relief
WDJG has agreed to the following injunctive relief at the Fort Lupton Complex:
- Comply with NSPS Subpart OOOOa;
- Implement an enhanced LDAR program—which includes more robust requirements for detecting and repairing leaks, and replacing and improving equipment—to bring the Fort Lupton Complex into compliance with LDAR regulations and mitigate the environmental harm caused by the alleged noncompliance;
- Implement fugitive leak monitoring for all equipment, including fin fan heat exchangers, using optical gas imaging instrumentation; and
- Amend relevant permits to incorporate consent decree requirements that will survive the decree’s termination.
To mitigate the environmental harm caused by its alleged noncompliance, WDJG has also agreed to the following measures at its Fredrick Compressor Station:
- Convert two existing glycol dehydrators to closed-loop zero-emitting dehydrators; and
- Permanently take two engines that were installed prior to 1981 out of service.
The Frederick Compressor Station is located in Weld County, Colorado.
Pollutant Impacts
When fully implemented, EPA estimates that the settlement will result in emission reductions of over 74 tons per year of volatile organic compounds (VOCs), 88 tons per year of nitrogen oxides (NOX), and 17,433 tons per year of carbon dioxide equivalent, including methane.
Health Effects and Environmental Benefits
VOCs contribute to smog, and to sensory irritation symptoms, allergies and asthma, and neurological and liver toxicity. Certain VOCs are also known carcinogens. NOx emissions contribute to smog as well as acid rain, particulate matter, water quality deterioration, and visual impairment.
VOCs and NOx are key components in the formation of smog or ground-level ozone, a pollutant that irritates the lungs, exacerbates diseases such as asthma, and can increase susceptibility to respiratory illnesses, such as pneumonia and bronchitis. NOx reacts with VOCs in the presence of sunlight to form ozone. Children, people with respiratory illness, the elderly, and those working or exercising outdoors have a higher risk of harm from breathing ozone.
Ground-level ozone is one of six criteria pollutants for which EPA has promulgated National Ambient Air Quality Standards (NAAQS) due to its adverse effects on human health and the environment. The Fort Lupton Complex is located in an area of Colorado where air quality fails to meet the relevant standards for ground-level ozone and is currently considered to be in severe nonattainment with the 2008 ozone NAAQS.
Methane is a greenhouse gas that is the primary component of natural gas and substantially contributes to climate change. Methane is 25 times more potent than carbon dioxide at trapping heat in the atmosphere.
Through the implementation of the settlement’s injunctive relief, WDJG will improve air quality in the ozone nonattainment area.
Civil Penalty
The proposed decree requires WDJG to pay a $3,500,000 civil penalty.
Comment Period
The proposed settlement, lodged in the U.S. District Court for the District of Colorado, is subject to a 30-day public comment period and final court approval. Information on submitting comments is available at the Department of Justice website.
Contact Information
Jessica Portmess, Attorney
U.S. Environmental Protection Agency
1595 Wynkoop Street (MC 8MSU)
Denver, Colorado 80202
(303) 312-7026
portmess.jessica@epa.gov
Timothy Sullivan, Attorney
U.S. Environmental Protection Agency
1595 Wynkoop Street (MC 8MSU)
Denver, Colorado 80202
(303) 312-6196
sullivan.tim@epa.gov
Cynthia Schafer, Environmental Engineer
U.S. Environmental Protection Agency
Denver Federal Center, Building 25
Denver, Colorado 80225
(303) 462-9310
schafer.cynthia@epa.gov