Mark Hurst, Environmental Crime, Montana 2012

Wibaux, MT – Mark Hurst, former project manager at Custom Carbon Processing, received two years of probation and a $5,000 fine on July 15, 2020, for his role in a 2012 explosion at the company’s oil reclamation facility in Wibaux, Montana. The incident, which injured three employees and caused extensive damage, stemmed from a blatant disregard for safety regulations and repeated warnings about hazardous conditions.

According to court documents and EPA investigators, the Custom Carbon Processing facility was constructed in 2012 under the direction of Peter Margiotta, the company’s president and CEO, with critical safety measures omitted. Despite an email from Hurst himself on July 4, 2012, explicitly warning of the risk of fatality due to missing explosion-proof wiring and inadequate ventilation, Margiotta ordered the plant to open. The email stated, “The control panels must be moved asap with the explosion proof wiring. We also run the risk of killing someone, not only our operators but also customers.” This directive prioritized operational speed over employee safety, setting the stage for the eventual disaster.

The facility began accepting deliveries of highly volatile “natural gas condensate” or “drip gas” – a dangerous practice intended to thin slop oil. Despite repeated warnings from the plant foreman that the condensate was *ineffective* for its intended purpose and was instead exacerbating the risk of a catastrophic event, Margiotta continued to authorize its acceptance. The condensate’s flammable nature, combined with the lack of proper ventilation and electrical safety systems, created a volatile environment within the plant.

On December 29, 2012, during the offloading of a natural gas condensate shipment, hazardous vapors filled the plant, escaping through open bay doors. These vapors ignited, resulting in a powerful explosion that injured three workers and severely damaged the plant, as well as the delivery truck and trailer. The EPA’s criminal investigation revealed a pattern of deliberate negligence and a conscious disregard for the well-being of employees and the environment.

Legal Ramifications

Hurst was convicted of conspiracy to violate the Clean Air Act, specifically 18 U.S.C. 371. He also faced charges under 42 U.S.C. 7413(c)(4) – Clean Air Act general duty, 42 U.S.C. 7413(c)(1) and 42 U.S.C. 7413(c)(5) – Clean Air Act knowing endangerment, and 42 U.S.C. 7412(r)(1). In addition to probation and the fine, Hurst was ordered to pay $12,000 in restitution. Margiotta, the CEO, received a more substantial sentence of 18 months in prison, three years of supervised release, a $50,000 fine, and $100,000 in restitution after being found guilty of the same charges by a jury in September 2019.

Key Facts

• Defendant: Mark Hurst
• Location: Wibaux, Montana
• Date of Incident: December 29, 2012
• Injuries: Three employees injured in the explosion.
• Statutes Violated: 18 U.S.C. 371, 42 U.S.C. 7413(c)(4), 42 U.S.C. 7413(c)(1), 42 U.S.C. 7413(c)(5), 42 U.S.C. 7412(r)(1)
• Penalties: Hurst received 2 years probation, $5,000 fine, $12,000 restitution. Margiotta received 18 months prison, $50,000 fine, $100,000 restitution.
• Root Cause: Lack of safety measures and disregard for warnings regarding flammable materials.

This case serves as a stark reminder of the severe consequences associated with environmental crimes and the importance of prioritizing worker safety in industrial operations. The EPA continues to aggressively pursue enforcement actions against those who knowingly endanger public health and the environment for financial gain.

Source: EPA ECHO Enforcement Case Database

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