The Justice Department and the Environmental Protection Agency (EPA) today announced two settlements with oil and gas operators in the commonwealth of Pennsylvania. In separate agreements, XTO Energy Inc. (XTO) and Hilcorp Energy Company (Hilcorp) agreed to resolve alleged Clean Air Act and Pennsylvania Air Pollution Control Act violations involving their oil and gas production operations in Pennsylvania.
Under the settlements, XTO agrees to pay a $4 million civil penalty and Hilcorp agrees to pay a $1.275 million civil penalty. Each of these amounts will be shared equally by the United States and the commonwealth of Pennsylvania, which is a co-plaintiff in both cases. In addition to the civil penalties, both companies will undertake compliance measures to achieve major reductions in harmful emissions at their oil and gas production facilities in Butler County, Lawrence County and Mercer County facilities.
“These actions are the result of our continuing efforts to ensure that oil and gas operators comply with the Clean Air Act,” said Assistant Attorney General Todd Kim of the Justice Department’s Environment and Natural Resources Division. “The commitments under the settlements will significantly reduce pollution from these companies’ operations, including volatile organic compounds that contribute to ground-level ozone, and methane, a potent greenhouse gas.”
“Hilcorp and XTO Energy’s violations contributed to smog that reduces air quality, as well as methane releases that are a primary driver of near-term climate change,” said Assistant Administrator David M. Uhlmann for EPA’s Office of Enforcement and Compliance Assurance. “These settlements are the latest in EPA’s urgent efforts to limit the greenhouse gas emissions that cause climate change and hold corporate polluters accountable for jeopardizing public health.”
“Today’s settlements reinforce a simple message: if your company contaminates the air in this district with harmful pollution, you will be held accountable under federal law,” said U.S. Attorney Eric G. Olshan for the Western District of Pennsylvania. “Through the hard work of our office and our law enforcement partners, XTO Energy and Hilcorp will be required not only to pay penalties related to the pollutants they already released, but also to protect against future harm through compliance measures that will reduce emissions of harmful pollutants. We remain steadfast in our efforts to protect the people of western Pennsylvania and the air they breathe.”
“Pennsylvanians have a right to clean air, and the Shapiro Administration continues to hold polluters accountable for infringing on that right,” said Acting Pennsylvania Department of Environmental Protection (PADEP) Secretary Jessica Shirley. “Today’s settlement will result in lower emissions and cleaner air for the people of the Commonwealth.”
As part of the settlement, XTO must undertake a project to mitigate harm attributable to XTO’s alleged violations. Specifically, by Dec. 31, 2027, XTO will be required to work with PADEP to identify the heaviest polluting abandoned oil and gas wells in western Pennsylvania and spend at least $1.4 million to plug or remediate them. Many of these “orphan” wells are existing significant sources of methane.
The work that XTO will do will result in the reduction of over 1,960 tons of carbon dioxide equivalent emissions per year released as methane, similar to the reductions achieved by taking 420 cars off the road for one year. The settlement will also eliminate nearly 120 tons of volatile organic compound (VOC) emissions annually.
The XTO settlement resolves allegations by EPA and PADEP that XTO failed to comply with federal and state requirements to capture and control air emissions from 11 of its oil and gas production facilities in Butler County. EPA identified the alleged violations through field investigations conducted in 2018 and 2019.
Hilcorp must also undertake a project to mitigate harm attributable to the company’s alleged violations. Hilcorp will retrofit at least 164 pneumatic controllers that emit pollution with non-emitting process controllers at eight of the company’s facilities located in Lawrence and Mercer counties at least three years earlier than required under law.
EPA projects that the Hilcorp agreement will result in the reduction of over 160 tons of VOC emissions annually and 5,200 tons of carbon dioxide equivalent emissions per year released as methane. The reductions in methane from the settlement are similar to the reductions that would be achieved by taking 1,120 cars off the road for one year.
The Hilcorp settlement resolves allegations by EPA and PADEP that the company failed to comply with federal and state requirements to capture and control air emissions from six of its oil and gas production facilities in Lawrence and Mercer counties.
As a result of these alleged violations, both XTO and Hilcorp released methane and VOCs directly into the air instead of capturing and controlling the gas using specially designed equipment. Methane, a climate super pollutant, is a potent greenhouse gas that contributes to climate change, and VOCs contribute to ground-level ozone, which adversely affects human health.
XTO is a natural gas extraction and production company that is a directly held, wholly owned subsidiary of ExxonMobil. Its operations stretch from the Great Plains to Appalachia. It holds interests in more than 50,000 producing oil and natural gas wells. These holdings include operations in 15 counties (including Butler County), covering 534,000 acres in western Pennsylvania.
Hilcorp is a privately owned company registered to do business in Pennsylvania and headquartered in Houston. Hilcorp engages in oil and gas exploration, development, and production across the United States, with active production operations in Alabama, Alaska, Colorado, Louisiana, New Mexico, Ohio, Pennsylvania, Texas and Wyoming.
These settlements are part of EPA’s National Enforcement and Compliance Initiative Mitigating Climate Change. This initiative focuses, in part, on reducing methane emissions from oil and gas and landfill sources.
The consent decrees were filed with the United States District Court, Western District of Pennsylvania and are each subject to a 30-day comment period. The complaints and the proposed consent decrees are available at www.justice.gov/enrd/consent-decrees.
More information on these settlement agreements is available on the agency’s Hilcorp Energy Company Settlement web page and XTO Energy Inc. Settlement web page.
EPA and PADEP investigated the cases.
Attorneys from the Environment and Natural Resources Division’s Environmental Enforcement Section and the U.S. Attorney’s Office for the Western District of Pennsylvania handled the cases.