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ND company sentenced on Clean Air Act violations

BISMARCK – U.S. Attorney Nicholas Chase announced Friday, Dec. 5, a North Dakota company has been sentenced for Clean Air Act violations.

According to Chase, U.S. District Judge Daniel Traynor sentenced Targa Badlands LLC, a company which does business in North Dakota, to three years of probation; 500 hours of community services to the Mandan, Hidatsa and Arikara Nation; payment of a $500,000 fine on a National Emission Standards for Hazardous Air Pollutants (NESHAP) Clean Air Act violation; and $400 in special assessments. Targa Badlands LLC pleaded guilty to the offense on Feb. 18, through a plea agreement with federal prosecutors.

Chase cited criminal information from court documents and plea agreement, writing Targa Badlands LLC operates six natural gas compressor stations on the Fort Berthold Reservation. Between 2018 and 2022, Targa Badlands LLC operated the Johnson Compressor Station in Dunn County, but failed to timely install continuous parameter monitoring systems on two Johnson Compressor Station engines when required to do so under NESHAP.

According to Chase, continuous parameter monitoring systems monitor and collect data on temperature and pressure for engine operations to ensure the catalyst is being utilized properly, thus ensuring the engine is not producing excess emissions. Failure to timely install a required continuous parameter monitoring system can lead to increased hazardous air pollutants being released into the environment.

Additionally, as described in the plea agreement, on two prior occasions, in 2019 and 2021, Targa Badlands LLC had previously agreed to pay civil penalties to the United States for separate NESHAP violations pertaining to natural gas compressor stations it operates on the Fort Berthold Reservation.

As noted in the plea agreement, Targa Badlands LLC self-identified, self-reported and corrected the failure to timely install continuous parameter monitoring systems at the Johnson Compressor Station and has since adopted an implemented policy and procedural best practices to improve its environmental permit review and implementation requirements.

“Today’s sentence underscores the importance of enforcing our environmental laws, which protect the land, water and communities,” Chase said in a statement. “At the same time, we recognize that Targa Badlands LLC took responsibility for its actions and self-reported the violation. Natural gas production is vital to our state’s economy, and it must be done responsibly. This case demonstrates that we can support strong energy production while holding companies accountable when they fall short of their legal obligations.”

This case was investigated by the U.S. Environmental Protection Agency-Criminal Investigation Division and prosecuted by Assistant U.S. Attorney Jonathan O’Konek.

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