Phone: (304) 926-0475 Fax: (304) 926-0479
October 26, 2011
Article # 91 710821333936 15552457
Bluescape Resources Company LLC c/o Mr. Don Campo, Chief Operations Officer 200 Crescent Court Suite 200 Dallas, TX 75201
RE: NOTICE OF VIOLATION (NOV) MWV Rupert Well Flare Site
Dear Mr. Campo:
On October 12, 2011, personnel from the Division of Air Quality (DAQ) conducted an inspection of the Bluescape Resources Company LLC, MWV Rupert Well Flare Site (Company) located nearFenwick,
The DAQ has determined the natural gas well flare located at the MWV Rupert Well Flare Site does not meet the requirements as a temporary flare stack under 45CSR6, specifically, Section 6.1.
This determination is based on the flare stack operating continuously since August 28, 2011, which exceeds the maximum number of cumulative days of operation allowed within a twelve (12) consecutive month period in
accordance with Section 6.1 of 45CSR6. Therefore, the Company has violated 45CSR6, in particular, Section 6.1 for not obtaining a permit in accordance with the provisions of W.Va. Code §22-5-1 et seq. and 45CSR13 (Rule 13).
You should be aware that for each violation your Company may be subject to civil and/orcriminal penalties and further action or remedies as provided by West Virginia Code §§ 22-5-6, which may include imposition of a
civil penalty of up to ten thousand ($10,000) dollars per day for each violation.
A written response to this Notice of Violation is required from your Company within ten (10) days after receipt. The following information must be in your response to the Notice of Violation:
(1) A detailed explanation of the cause(s) of the condition(s) leading to the cited violation or a description of the action(s) being taken or to be taken to ascertain the cause(s) for noncompliance.
(2) A statement of how long the condition(s) has existed.
(3) A detailed explanation of the remedial measures that have been taken and will be taken to address the causes of noncompliance.
For any remedial measure(s) not yet taken, provide expected date(s) for completion. If all remedial measures have been completed, provide the date that the Company believes that compliance with airquality requirements
Please be aware that any person who knowingly misrepresents any material fact in an application, record, report, plan, or other document filed or required to be maintained under the provisions of West Virginia Code
22-5-1, et seq., or any rules promulgated thereunder, is guilty of a misdemeanor and, upon conviction, shall be fined not more than twenty-five thousand ($25,000)dollars or imprisoned in the county jail not more than six months or
both fined and imprisoned.
Furthermore, any person who knowingly violates any provision of West Virginia Code22-51, etseq., any permit or any rule or order issued pursuant to that article is guilty of a misdemeanor and, upon conviction, shall be fined not more than twenty-five thousand ($25,000.00)
dollars for each day of such violation or imprisoned in the county jail not more than one year or both fined and imprisoned.
Further, please note that for purpose of the foregoing, violations on separate days are separate offenses.
The Division looks forward to your timely written response to this Notice of Violation.
WV Department of Environmental Protection
601 5th Street
Charleston, West Virginia 25304
Notice of Violation
Executive VP + Chief Operating Officer