Document 0L4J3XOKe5QDL7YL44a0vRQOb

TRANSMITTED VIA E-MAIL Scott Carter LBOC, LLC 787 Baugh Street Norphlet, Arkansas 71759 longbrosoil@yahoo.com August 13, 2025 Re: Administrative Order, Docket Number: CWA-06-2025-1770 Facility Permit Number: ARU002199 Dear Mr. Carter: Enclosed is an Administrative Order (AO) issued to LBOC, LLC by the United States Environmental Protection Agency, Region 6 (EPA) for violation of the Clean Water Act (CWA), 33 U.S.C. 1251-1387. A violation was identified during an inspection conducted by EPA on December 13, 2023, at the Baker Sand Unit Tank Battery, located off Champagnolle Landing Road, Union County, Arkansas. The violation alleged is for the unauthorized discharge of pollutants, specifically produced water, to a water of the United States. Effective upon receipt of the AO, you shall immediately cease and desist all unpermitted discharges of pollutants into the Ouachita River and comply will all provisions set forth in the enclosed AO. The AO also requires the submission of information verifying compliance and describing actions taken to prevent future discharges. The AO does not assess a monetary penalty; however, it does require compliance with applicable federal regulations. The first compliance deadline is within thirty (30) days of the effective date of the AO. EPA is committed to ensuring compliance with the requirements of the National Pollutant Discharge Elimination System (NPDES) program and my staff will assist you in any way possible. Please reference AO Docket Number CWA062025-1770 and Facility Number ARU002199 on your response. LBOC, LLC - Administrative Order CWA-06-2025-1770 Page 2 If you have any questions, please contact Michael Blaha, of my staff, at blaha.michael@epa.gov or 214665-8574. Enclosure Sincerely, Digitally signed by CHERYL SEAGER Date: 2025.08.13 12:39:53 -05'00' Cheryl T. Seager, Director Enforcement and Compliance Assurance Division ec: Jason Bolenbaugh, Branch Manager Office of Water Quality, Division of Environmental Quality jason.bolenbaugh@arkansas.gov Gary Looney, Assistant Director Arkansas Oil and Gas Commission gary.looney@aogc.state.ar.us Stacie Wassell, Associate Director Office of Water Quality Division of Environmental Quality stacie.wassell@arkansas.gov UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 FINDINGS OF VIOLATION AND COMPLIANCE ORDER Docket Number: CWA-06-2025-1770; Facility Number: ARU002199 STATUTORY AUTHORITY The following findings are made, and Order issued, under the authority vested in the Administrator of the United States Environmental Protection Agency (EPA) by Section 309(a) of the Clean Water Act (the Act), 33 U.S.C. 1319(a). The Administrator of EPA delegated the authority to issue this Order to the Regional Administrator of EPA Region 6, who further delegated such authority to the Director of the Enforcement and Compliance Assurance Division. FINDINGS 6. Under Section 301 of the Act, 33 U.S.C. 1311, it is unlawful for any person to discharge any pollutant from a point source to waters of the United States, except with the authorization of, and in compliance with, a National Pollutant Discharge Elimination System (NPDES) permit issued pursuant to Section 402 of the Act, 33 U.S.C. 1342. At no time during the relevant time period did Respondent have NPDES permit coverage under the Act that authorized the discharge of a pollutant from the Facility to waters of the United States. 1. LBOC, LLC (Respondent) is a "person," as that term is defined at Section 502(5) of the Act, 33 U.S.C. 1362(5), and 40 C.F.R. 122.2. 2. At all times relevant to the violation alleged herein (relevant time period), Respondent owned and operated an oil field facility, known as the Baker Sand Unit Tank Battery, located near Champagnolle Landing Road, Union County, Arkansas, (Latitude 33.317140 North and Longitude - 92.510810 West) (Facility) and designated as Facility Number ARU002199. Respondent was, therefore, an "owner or operator" within the meaning of 40 C.F.R. 122.2. 3. Pumps, pipes, hoses, flow lines, vents, disposal storage tanks, and associated devices located at the Facility acted as "point sources," as defined by Section 502(14) of the Act, 33 U.S.C. 1362(14). 4. At all times relevant, the Facility acted as a "point source" of a "discharge" of "pollutants," specifically oil field produced water generated from oil production activities, to Error! Reference source not found., which is considered a "water of the United States" within the meaning of Section 502 of the Act, 33 U.S.C. 1362, and 40 C.F.R. 122.2. 7. Each instance in which Respondent discharged pollutants to waters of the United States without an NPDES permit was a violation of Section 301 of the Act, 33 U.S.C. 1311. SECTION 309(a)(3) COMPLIANCE ORDER 8. Based on the foregoing Findings and pursuant to the authority of Section 309(a)(3) of the Act, 33 U.S.C. 1319(a)(3), EPA hereby orders Respondent to take the following actions immediately upon receipt of this Order: A. Cease all unpermitted discharges of pollutants from the Facility. B. Remove or sufficiently remediate all pollutants from the flow path located between the point of discharge and the point of entry into the tributary of the Ouachita River. C. Remediate the flow path from the point of discharge and the point of entry into the tributary of the Ouachita River so that the TDS in the tributary and creek downstream of the discharge is at or below background TDS levels. 5. On December 13, 2023, EPA inspectors observed that produced water had been discharged from the Facility to waters of the United States. The inspectors determined that the water located at the point of entry (Latitude 33.32157 North and Longitude -92.50888 West) was contaminated from produced water discharges and measured 5,456 milligrams per Liter (mg/L) Total Dissolved Solids (TDS). D. Within thirty (30) days of the effective date of this Order, Respondent shall provide a written certification including photographs, in-stream salinity, conductivity, or total dissolved solids measurements, manifests, work orders, and/or receipts to document how discharges and the removal of pollutants have been properly addressed. Please verify in the certification that the company name, mailing address and name of the authorized signatory for the company are correct. Docket No. CWA-06-2025-1770 Page 2 E. Within thirty (30) days of the effective date of this Order, Respondent shall develop and submit to EPA a Pollution Prevention Plan to prevent similar occurrences. Failure to comply with this Section 309(a)(3) Compliance Order or the Act can result in further administrative action, or a civil judicial action initiated by the United States Department of Justice. F. Any information or correspondence submitted by Respondent to EPA under this Order shall be submitted, via e-mail, to the following: Mr. Michael Blaha blaha.michael@epa.gov GENERAL PROVISIONS Respondent may seek federal judicial review of the Order pursuant to Chapter 7 of the Administrative Procedure Act, 5 U.S.C. 701-706. Issuance of this Section 309(a)(3) Compliance Order shall not be deemed an election by EPA to waive any administrative, judicial, civil, or criminal action to seek penalties, fines, or any other relief under the Act for the violations cited herein, or other violations that become known to EPA. EPA reserves the right to seek any remedy available under the law that it deems appropriate. For purposes of the identification requirement in Section 162(f)(2)(A)(ii) of the Internal Revenue Code, 26 U.S.C. 162(f)(2)(A)(ii), and 26 C.F.R. 1.162-21(b)(2), performance of Paragraph 8 of the Section 309(a)(3)) Compliance Order Section of this Order is restitution, remediation, or required to come into compliance with the law. Compliance with the terms and conditions of this Order does not relieve Respondent of its obligations to comply with any applicable federal, state, or local law or regulation. The effective date of this Order is the date it is received by Respondent. Digitally signed by CHERYL SEAGER Date: 2025.08.13 12:46:28 -05'00' Cheryl T. Seager, Director Enforcement and Compliance Assurance Division