EPA and DOJ Settle Clean Air Act Violations With Oil Giant
Marathon Oil Settles Clean Air Act Violations with EPA and DOJ.
Disclaimer: The following article provides a detailed account of the settlement reached between Marathon Oil, the Environmental Protection Agency (EPA), and the Department of Justice (DOJ) concerning alleged violations of the Clean Air Act. The information presented is intended for informational purposes only and does not constitute legal or professional advice.
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The Environmental Protection Agency (EPA) and the Department of Justice (DOJ) have announced a settlement with Marathon Oil Company. This settlement addresses alleged violations of the Clean Air Act at Marathon's oil and gas production operations on the Fort Berthold Indian Reservation in North Dakota. Notably, this settlement includes the largest civil penalty ever imposed under the Clean Air Act for stationary sources.
The settlement requires Marathon Oil to pay a civil penalty of $64.5 million. This penalty is unprecedented in its magnitude, highlighting the severity of the violations and the commitment of federal agencies to uphold environmental laws. The agreement also mandates Marathon Oil to implement extensive compliance measures aimed at reducing harmful emissions from over 200 facilities across North Dakota. Attorney General Merrick B. Garland emphasized the significance of this settlement by stating, "This historic settlement — the largest ever civil penalty for violations of the Clean Air Act at stationary sources — will ensure cleaner air for the Fort Berthold Indian Reservation and other communities in North Dakota, while holding Marathon accountable for its illegal pollution." The settlement is expected to result in more than 2.25 million tons of reduced carbon-dioxide emissions over the next five years and the elimination of nearly 110,000 tons of volatile organic compounds (VOCs).
The complaint filed by the DOJ and EPA alleges that Marathon Oil violated the Clean Air Act at nearly 90 of its facilities. These violations resulted in thousands of tons of illegal emissions, including VOCs and carbon monoxide. VOCs are particularly concerning because they contribute to the formation of ground-level ozone, which can exacerbate asthma and other respiratory illnesses. Large quantities of methane, a potent greenhouse gas, were released, contributing to climate change. The case against Marathon Oil is groundbreaking as it marks the first time an oil and gas producer has been prosecuted for major source emissions permitting requirements under the Clean Air Act’s Prevention of Significant Deterioration (PSD) program. This program is designed to prevent deterioration of air quality in areas where air quality is better than the national standards.
Environmental and Health Implications
The environmental and health implications of the alleged violations are profound. Marathon Oil ranks as the 22nd largest oil producer in the United States based on 2022 data, but it is the 7th largest emitter of greenhouse gases within the oil and gas industry. A considerable portion of these emissions stem from flaring, a common industry practice where excess natural gas is burned off. While flaring is meant to reduce the risks associated with venting raw natural gas, it still releases amounts of methane and other pollutants into the atmosphere. Methane is a climate super-pollutant, with a global warming potential many times greater than that of carbon dioxide over a 20-year period. By addressing the flaring practices and other emission sources, the settlement aims to achieve a substantial reduction in greenhouse gas emissions. The projected reduction of over 2.25 million tons of carbon-dioxide emissions is equivalent to taking approximately 487,000 cars off the road for one year.
As part of the settlement, Marathon Oil has committed to implementing several compliance measures to curb emissions and enhance air quality monitoring. These measures include upgrading equipment, adopting best practices for emission control, and investing in technologies to capture and reuse methane. Additionally, Marathon Oil will be required to conduct regular audits and report on their progress to ensure compliance with the terms of the settlement. The settlement serves as a stern reminder to the oil and gas industry about the importance of adhering to environmental regulations. It reveals the federal government’s dedication to enforcing laws designed to protect public health and the environment. It sets a precedent for future enforcement actions against other companies that may violate the Clean Air Act.
For the Industry
The Marathon Oil settlement reflects a broader trend of increased scrutiny and regulatory action in the oil and gas sector. As concerns about climate change and air quality continue to grow, regulatory agencies are likely to intensify their efforts to reduce emissions from industrial sources. This trend may lead to more stringent regulations and enforcement actions, compelling companies to adopt more sustainable practices. For the communities affected by industrial pollution, settlements like this offer hope for improved air quality and better health outcomes. The Fort Berthold Indian Reservation and other communities in North Dakota stand to benefit from the emission reductions mandated by the settlement. Cleaner air can lead to fewer respiratory illnesses, improved quality of life, and a healthier environment for future generations.
The settlement between Marathon Oil, the EPA, and the DOJ represents a landmark moment in the enforcement of the Clean Air Act. With a record-breaking civil penalty and comprehensive compliance measures, the agreement aims to address the environmental and health impacts of Marathon's alleged violations. As the industry grapples with increasing regulatory pressure, this settlement serves as a powerful example of the importance of adhering to environmental laws and the potential consequences of failing to do so.
Disclaimer: The information provided in this article is based on publicly available data and is intended for informational purposes only. It does not constitute legal or professional advice. Readers are encouraged to consult relevant professionals for specific guidance related to the topics discussed.
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