Rockwater Northeast LLC, Clean Air Act Violations, Pennsylvania 2021

A $2 million fine was handed down to Rockwater Northeast LLC, a Pennsylvania-based water management company, for violating the Clean Air Act. The company, which provides services to companies in the oil and gas industry, pleaded guilty to 31 counts of violating the Clean Air Act for tampering with emissions systems on 31 heavy-duty diesel trucks.

The trucks’ emissions systems were modified to disable emissions diagnostic systems, allowing the vehicles to pass annual vehicle safety inspections despite the modifications. Rockwater Northeast LLC was sentenced to pay $2 million in fines and $12,400 in special assessments on April 20, 2021.

The investigation, carried out by the EPA’s Criminal Investigations Division and the DOT’s Office of the Inspector General, revealed that Rockwater Northeast LLC installed ‘defeat devices’ on the trucks to disable emissions diagnostic systems. The company’s actions were deemed a significant threat to public health and the environment.

Additionally, Select Energy Services, Inc., the successor in interest to Rockwater Energy Solutions, Inc., entered a three-year non-prosecution agreement with the United States. The agreement resolves Clean Air Act violations for modified emissions systems on 29 additional heavy-duty diesel trucks. Select Energy Services, Inc. paid an additional $2.3 million in monetary penalties pursuant to the terms of a non-prosecution agreement.

The company has cooperated with the investigation since its acquisition of Rockwater Energy Solutions, Inc. in 2017. Under the terms of the non-prosecution agreement, Select Energy Services, Inc. agreed to continue cooperating with the government and implemented an environmental compliance program designed to prevent future Clean Air Act violations.

Six individuals have been prosecuted in connection with this investigation. Four of the individuals are current or former employees of Rockwater Northeast LLC, and two are former third-party vendors of Rockwater Northeast LLC. All six individuals pleaded guilty to conspiring to impede the lawful functions of the Environmental Protection Agency (EPA) and DOT, and to violate the Clean Air Act.

In related cases, Brian Mellot, a former employee of Rockwater Northeast LLC, was sentenced to six months’ imprisonment and one year of supervised release. Gavin Rexer, Dennis Paulhamus, Joseph Powell, John Joseph, and Timothy Sweitzer, all former employees or third-party vendors of Rockwater Northeast LLC, pleaded guilty and are awaiting sentencing.

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