Federal Violations: Tampering With Exhaust Systems on Trucks

by Duane Nichols on April 25, 2021

Marcellus shale fracking explained, note trucks

Energy firm pleads guilty, is fined $2 million in truck emissions tampering scheme

From an Article by John Beauge, Special to PennLive, April 20, 2021

WILLIAMSPORT, PA – An energy firm that services the natural gas fields in central and western Pennsylvania has been fined $2 million for 31 violations of the Clean Air Act. U.S. Middle District Judge Matthew W. Brann on Tuesday levied the fine after Rockwater Northeast admitted to the violations. He also imposed a special assessment of $12,500.

In a related matter, the government and Select Energy Services Inc., which purchased Rockwater in 2017 in a stock deal, have entered a three-year non-prosecution agreement. Select, a Texas company with more than 2,000 employees that provides water solutions to the oil and gas industry, has paid $2.3 million to the government and agreed to three compliance audits.

“We take matters like this very seriously,” said Adam R. Law, the corporate officer who represented Select and Rockwater at the court proceeding.

The scheme that led to the Clean Air Act violations involved removing hardware that controlled emissions on 31 heavy-duty diesel trucks used to transport water and wastewater in the Marcellus Shale natural gas fields.

Six individuals who worked for or did business with the Rockwater operation based in Canonsburg previously pleaded guilty to charges related to the tampering that occurred between Aug. 1, 2013, and June 30, 2014. They admitted:

>> Replacing hardware control devices with exhaust tubing or “straight pipes” that do not limit emissions.

>> Removing the hardware control devices from their compartments and then re-welding the entry point to create a false appearance they remained installed.

An estimated 26 tons of nitrous oxide plus particulate matter were released into the air from the trucks with tamper exhaust systems, assistant U.S. Attorney Philip J. Caraballo-Garrison said.

The economic benefit to Rockwater through such things as fuel savings, reduced maintenance costs and less downtime was $250,000, he said. All 31 trucks have been taken out of service, Law said. The $250,000 was included in the $2 million fine that was part of a plea agreement. Rockwater was facing a maximum fine of $15.5 million.

The company also admitted being responsible for arranging with third parties to issue certificates stating the trucks with disabled onboard diagnostic systems met state inspection standards.

The six who have pleaded guilty are Brian Mellott, Joseph A. Powell, John E. Joseph Jr., Gavin Rexer, Dennis Paulhamus Jr. and Timothy Sweitzer. Mellott, the only one to be sentenced, received a six-month term in February 2020. He lost his job as an inventory and logistics analyst at Rockwater’s Linden facility in Lycoming County.

Powell was general manager of water management for Rockwell facilities in Linden, Hickory and Avella, the latter two in Washington County. And, Joseph was shop manager for Rockwell in Hickory and Rexer held the same position at Linden.

Paulhamus owned a trucking firm that did hauling for Rockwater, and Sweitzer owned a garage. Both businesses are in Jersey Shore, PA. When they pleaded guilty, Paulhamus admitted selling $62,000 worth of defeat devices to Rockwell; and, Sweitzer acknowledged he passed for state inspection trucks without the required emission controls.

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Penna. O & G Violations April 25, 2021 at 3:51 pm

PA Permit Violation Issued to EQT CHAP LLC in Dunbar Twp, Fayette County
Description: Administrative violation issued on 4/21/2021 to EQT CHAP LLC in Dunbar Twp, Fayette county. 78.12 – COMPLIANCE WITH PERMITS – Failure to comply with terms and conditions of permit or registration while drilling, altering or operating an oil or gas well.
Incident Date/Time: 2021-04-21 00:00:00

PA Permit Violation Issued to EQT CHAP LLC in Dunbar Twp, Fayette County
Description: Administrative violation issued on 4/21/2021 to EQT CHAP LLC in Dunbar Twp, Fayette county. OGA 3222(B3) – WELL REPORTING – COMPLETION REPORT – Operator failed to submit a completion report within 30 days after completion of the well.
Incident Date/Time: 2021-04-21 00:00:00

PA Permit Violation Issued to EQT CHAP LLC in Dunbar Twp, Fayette County
Description: Environmental Health & Safety violation issued on 4/21/2021 to EQT CHAP LLC in Dunbar Twp, Fayette county. 79.16(B) – WELL DRILLING AND USE – DEVIATION – Well drilled intentionally to deviate from the vertical in order to intersect the producing horizon outside the area permitted by the spacing order. Failure to file a complete angular deviation and directional survey of the well upon completion of an intentionally deviated well.
Incident Date/Time: 2021-04-21 00:00:00

PA Permit Violation Issued to EQT CHAP LLC in North Union Twp, Fayette County
Description: Administrative violation issued on 4/21/2021 to EQT CHAP LLC in North Union Twp, Fayette county. OGA3222(B.1) – WELL REPORTING – COMPLETION REPORT – Operator failed to submit a completion report containing all necessary information.
Incident Date/Time: 2021-04-21 00:00:00

PA Permit Violation Issued to EQT CHAP LLC in North Union Twp, Fayette County
Description: Administrative violation issued on 4/21/2021 to EQT CHAP LLC in North Union Twp, Fayette county. 78.12 – COMPLIANCE WITH PERMITS – Failure to comply with terms and conditions of permit or registration while drilling, altering or operating an oil or gas well.
Incident Date/Time: 2021-04-21 00:00:00

PA Permit Violation Issued to EQT CHAP LLC in North Union Twp, Fayette County
Description: Environmental Health & Safety violation issued on 4/21/2021 to EQT CHAP LLC in North Union Twp, Fayette county. 79.16(B) – WELL DRILLING AND USE – DEVIATION – Well drilled intentionally to deviate from the vertical in order to intersect the producing horizon outside the area permitted by the spacing order. Failure to file a complete angular deviation and directional survey of the well upon completion of an intentionally deviated well.
Incident Date/Time: 2021-04-21 00:00:00

PA Permit Violation Issued to EQT CHAP LLC in Redstone Twp, Fayette County
Description: Environmental Health & Safety violation issued on 4/13/2021 to EQT CHAP LLC in Redstone Twp, Fayette county. 79.16(B) – WELL DRILLING AND USE – DEVIATION – Well drilled intentionally to deviate from the vertical in order to intersect the producing horizon outside the area permitted by the spacing order. Failure to file a complete angular deviation and directional survey of the well upon completion of an intentionally deviated well.
Incident Date/Time: 2021-04-13 00:00:00

PA Permit Violation Issued to EQT CHAP LLC in Redstone Twp, Fayette County
Description: Administrative violation issued on 4/13/2021 to EQT CHAP LLC in Redstone Twp, Fayette county. 78.12 – COMPLIANCE WITH PERMITS – Failure to comply with terms and conditions of permit or registration while drilling, altering or operating an oil or gas well.
Incident Date/Time: 2021-04-13 00:00:00

PA Permit Violation Issued to EQT CHAP LLC in Redstone Twp, Fayette County
Description: Environmental Health & Safety violation issued on 4/13/2021 to EQT CHAP LLC in Redstone Twp, Fayette county. 79.16(B) – WELL DRILLING AND USE – DEVIATION – Well drilled intentionally to deviate from the vertical in order to intersect the producing horizon outside the area permitted by the spacing order. Failure to file a complete angular deviation and directional survey of the well upon completion of an intentionally deviated well.
Incident Date/Time: 2021-04-13 00:00:00

PA Permit Violation Issued to EQT CHAP LLC in Redstone Twp, Fayette County
Description: Administrative violation issued on 4/13/2021 to EQT CHAP LLC in Redstone Twp, Fayette county. 78.12 – COMPLIANCE WITH PERMITS – Failure to comply with terms and conditions of permit or registration while drilling, altering or operating an oil or gas well.
Incident Date/Time: 2021-04-13 00:00:00

PA Permit Violation Issued to EQT CHAP LLC in Redstone Twp, Fayette County
Description: Environmental Health & Safety violation issued on 4/13/2021 to EQT CHAP LLC in Redstone Twp, Fayette county. 79.16(B) – WELL DRILLING AND USE – DEVIATION – Well drilled intentionally to deviate from the vertical in order to intersect the producing horizon outside the area permitted by the spacing order. Failure to file a complete angular deviation and directional survey of the well upon completion of an intentionally deviated well.
Incident Date/Time: 2021-04-13 00:00:00

PA Permit Violation Issued to EQT CHAP LLC in Redstone Twp, Fayette County
Description: Administrative violation issued on 4/13/2021 to EQT CHAP LLC in Redstone Twp, Fayette county. 78.12 – COMPLIANCE WITH PERMITS – Failure to comply with terms and conditions of permit or registration while drilling, altering or operating an oil or gas well.
Incident Date/Time: 2021-04-13 00:00:00

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