Houston company to pay millions to remedy pollution concerns in Permian Basin

stuck with the bill

Apache Corp. will pay $4 million in penalties and spend more than $5 million on preventative measures to reduce emissions at its wells in the Permian Basin. Photo via Getty Images

A Houston company has reached a multimillion-dollar settlement with the federal government and the state of New Mexico to address air pollution concerns in the largest oil and gas producing region in the United States.

The agreement announced Tuesday with Apache Corp. calls for the company to pay $4 million in penalties and spend more than $5 million on preventative measures to reduce emissions at its wells in the Permian Basin, which spans parts of New Mexico and Texas.

Apache was accused in a civil lawsuit of failing to comply with federal and state requirements to capture and control emissions at some of its operations in the two states. Federal officials and regulators in New Mexico identified the alleged violations through field investigations and flyovers by helicopters outfitted with infrared cameras that can detect hydrocarbon vapors that are invisible to the naked eye.

Efforts by regulators to crack down on oil companies have ramped up in recent years through a combination of on-the-ground inspections, flyovers and now satellite imagery as they look for Clean Air Act violations across the Permian Basin and in other oil producing regions.

New Mexico Environment Secretary James Kenney said he's concerned about the compliance rate for companies operating in New Mexico, describing it as terrible.

“The ozone levels are rising, and you know, I think this is that moment where we have to hold up the mirror to industry and say, 'If you don’t like what you see, it’s a reflection of your own effort,” he said during an phone interview.

The civil complaint targeting Apache comes nearly a year after federal and state officials announced a similar agreement with another producer in the Permian Basin over violations. In 2022, an investigation by The Associated Press showed 533 oil and gas facilities in the region were emitting excessive amounts of methane.

Surveillance done by state and federal regulators in 2019, 2020 and 2022 turned up alleged violations at nearly two dozen of Apache’s sites.

The company said in an email that the consent decree announced Tuesday resolves alleged violations from years ago and that the company acted swiftly to remedy the issues. Changes have included modifications to allow for more measurement, monitoring and capture of emissions and increased site inspections and expedited maintenance timelines.

“Moving forward, the consent decree represents our commitment to continuous improvement across our facilities in the Permian Basin," the company said. "We also continue to collaborate with industry partners through organizations such as the Environmental Partnership and the U.N.’s Oil and Gas Methane Partnership in striving toward a more sustainable future.”

The agreement covers 422 of Apache's oil and gas well pads in New Mexico and Texas, ensuring that they will comply with state and federal clean air regulations and that past illegal emissions will be offset.

State and federal officials estimate that compliance will result in annual reductions of 900 tons of methane and more than 9,650 tons of volatile organic compounds, which contribute to smog.

In all, state officials said the recent consent decrees with energy companies cover about 15% of oil and gas production in New Mexico and about 9% of the wells.

While many operators in the Permian are complying with existing regulations, Kenney warned those that are skirting the rules will spur even greater federal and state enforcement over the entire industry if ozone levels continue to rise.

“Simply stated, the message is ‘Do better,’" Kenney said.

Apache's plan calls for making design improvements and installing new tank pressure monitoring systems that will provide advance notice of potential emissions and allow for an immediate response. Regular reports also will be submitted to the state.

In a new partnership with Apache Corp., researchers at BRI and Texas Native Seeds will investigate methods to improve habitat restoration efforts in the Permian Basin. Photo via Getty Images

Houston company partners on well pad restoration project in the Permian Basin

sustainability collab

Apache Corp. and the Borderlands Research Institute (BRI) at Sul Ross State University in Alpine, Texas, have partnered to launch a well pad restoration research project.

Researchers at BRI and Texas Native Seeds will investigate methods to improve habitat restoration efforts in the Permian Basin. The goal is to publish a scientific best practices reclamation document for the Permian operators. Texas Native Seeds is a project of the Caesar Kleberg Wildlife Research Institute at Texas A&M Kingsville. BRI works mostly in the frontier of Texas and throughout the Southwest.

The BRI project aims to inform oil and gas industries in the Permian about how changes in the industry’s collaborative approach to restoring end-of-service well pads can benefit local biodiversity and reunite fragmented habitats.

At end of a well’s service life, when the well is plugged, equipment is removed, and the pad is reseeded, which allows it to gradually return to a natural condition. The project’s goal is to help accelerate a better return to nature by considering alternative soil preparation techniques. By adding biochar to improve soil fertility, and incorporating undesirable scrub brush as a vegetative cover to hold soil moisture and discourage grassland animals from foraging on the seeds before they germinate, researchers believe this could be done.

“We are honored to partner with the Borderlands Research Institute on this important effort, which aligns with our mission to meet the growing demand for energy and to do so in a cleaner, more sustainable way,” Jessica Jackson, Apache’s Vice President of Environment, Health and Safety, says in a news release. “For many years, Apache has worked to restore well pads to their habitat potential. To further our efforts to continuously improve, Apache is supporting scientific research at sites in the Permian Basin to study the efficacy of methods for habitat restoration.”

The project will also measure increases in soil carbon to passively sequester CO2 in healthy desert soils, which will support Sul Ross State University student research through BRI.

“We all depend on the energy produced in the Permian Basin to power our lives, and we look forward to bringing valuable science to the table to support enhanced restoration practices in the energy industry,” Dr. Louis Harveson, the Dan Allen Hughes, Jr. Endowed Director of Borderlands Research Institute adds in the release. “We appreciate the opportunity to partner with Apache on this important research and applaud their leadership on this issue.”

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Panel: Houston's access to talent, strong network drives it as a city for scaling energy transition business

thought leadership

Time is of the essence when it comes to scaling energy transition businesses in Houston — at least that's what a group of panelists agreed on at a recent event from the Greater Houston Partnership.

The GHP's Future of Global Energy event, which took place on October 9, featured a panel entitled, "Epicenter of Energy Innovation for Scale" and was moderated by Barbara Burger, former president of Chevron Technology Ventures and current startup adviser and mentor. Joining Burger was Kristina Lund, president of Pattern Energy; Brooke Vandygriff, COO of HIF Global: and Bud Vos, CEO of MetOx International. All three companies have and plan to continue scaling in Houston.

The conversation covered some of the unique achievements each of the panelists' companies have reached recently, including HIF Global's millions raised to create e-fuels, MetOx's $25 million series B extension, and Pattern Energy's Southern Spirit project scoring $360 million from the Department of Energy to connect Texas's ERCOT to other states.

After covering the momentum each company has right now, Burger asked each of the panelists why Houston makes sense as a place for scaling their energy transition business.

"The U.S. has a great regulatory environment, ERCOT specifically. Texas is in the business of permitting projects," Vandygriff says. "If you take the right steps, you can get your permits. They are very responsive to attracting and recruiting businesses here."

Also attractive is Houston's existing energy workforce. Even when it comes to technology roles, Houston delivers.

"There is great tech talent here," Vos says, pointing out that Bill Gates called Houston the "Silicon Valley of energy" when he was here for CERAWeek. "I think there's an element of that that's very true. There's a lot innovation, there's a lot of creative thinking, and being able to come out of these businesses with huge momentum then go into startups and innovate is a culture change that I think Houston is going through."

The panelists, most of whom are not Houston natives, agreed in a welcoming culture within the business sector.

"I really think that Houston offers great hospitality, and the energy networks here are so strong," Lund says. "You feel the energy of the city."

Dallas-area business to acquire Houston renewable energy co.

M&A moves

Houston-based developer of utility-scale renewable energy Proteus Power is being acquired by JBB Advanced Technologies for an undisclosed amount after founder, chairman, and CEO, John B. Billingsley signed a letter of intent to purchase.

"I know the potential of renewable energy, both for our country and for the small landowners and communities we work with," Billingsley says in a news release. "Proteus Power is just the type of company I have known and grown in the past, and we're perfectly positioned to make it a very profitable company for our investors. In the near term, this very substantial business will provide a multi-billion-dollar boost to the Texas economy, from Lubbock to Midland, across West Texas and down to the Gulf Coast."

Proteus Power currently incorporates a total of 15.5 gigawatts of utility-scale renewable energy projects, which include utility-scale solar and battery energy storage systems. Nearly 5 gigawatts of both utility-scale solar and battery energy storage should be developed at an estimated EPC (Engineering, Procurement, and Construction) cost of $3.38 billion over the next four years.

Proteus Power projects also include multiple independent system operators: ERCOT West, ERCOT Houston, ERCOT North, ERCOT South, Miso LA/MS, Miso Illinois, Miso Texas, and SPP South.

Billingsley, who launched one of the nation's largest renewable energy companies, Tri Global Energy, with the purchase of Proteus Power, continues JBB’s efforts for “clean, affordable solar energy systems to commercial concerns” according to the company.

Proteus Power headquarters in Houston will move to JBB Advanced Technologies' headquarters in Carrollton, Texas, with all current employees being retained, pending the final acquisition, which is expected in the fourth quarter of 2024.A branch office is also planned to be located in Lubbock, Texas.

"The Proteus Power development team is clearly among the best in the renewable industry today," Billingsley adds. "The company has thrived under the leadership of Chief Development Officer Dan Phillips, and we at JBBAT are fortunate to inherit such a strong team to work with us as we move forward to jump back in the energy transition."

ExxonMobil signs biggest offshore CCS lease in the U.S.

big deal

Spring-based ExxonMobil continues to ramp up its carbon capture and storage business with a new offshore lease and a new CCS customer.

On October 10, ExxonMobil announced it had signed the biggest offshore carbon dioxide storage lease in the U.S. ExxonMobil says the more than 271,000-acre site, being leased from the Texas General Land Office, complements the onshore CO2 storage portfolio that it’s assembling.

“This is yet another sign of our commitment to CCS and the strides we’ve been able to make,” Dan Ammann, president of ExxonMobil Low Carbon Solutions, says in a news release.

The offshore site is adjacent to a CO2 pipeline network that ExxonMobil acquired in 2023 with its $4.9 billion purchase of Plano-based Denbury Resources.

Ammann told Forbes that when it comes to available acreage in the Gulf Coast, this site is “the largest and most attractive from a geological point of view.”

The initial customer for the newly purchased site will be Northbrook, Illinois-based CF Industries, Forbes reported.

This summer, ExxonMobil sealed a deal to remove up to 500,000 metric tons of CO2 each year from CF’s nitrogen plant in Yazoo City, Mississippi. CF has earmarked about $100 million to build a CO2 dehydration and compression unit at the plant.

A couple of days before the lease announcement, Ammann said in a LinkedIn post that ExxonMobil had agreed to transport and annually store up to 1.2 metric tons of CO2 from the $1.6 billion New Generation Gas Gathering (NG3) pipeline project in Louisiana. Houston-based Momentum Midstream is developing NG3, which will collect and treat natural gas produced in Texas and Louisiana and deliver it to Gulf Coast markets.

This is ExxonMobil’s first CCS deal with a natural gas processor and fifth CCS deal agreement overall. To date, ExxonMobil has contracts in place for storage of up to 6.7 metric tons of CO2 per year.

“I’m proud that even more industries are choosing our #CCS solutions to meet their emissions reduction goals,” Ammann wrote on LinkedIn.

ExxonMobil says it operates the largest CO2 pipeline network in the U.S.

“The most fundamental thing we’re focused on is making sure the CO2 is stored safely and securely,” Ammann told Forbes in addressing fears that captured CO2 could seep back into the atmosphere.

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