Document 2J0K9k0e4EBn30Evm7Md3e6Kg

Region 6 - Enforcement & Compliance Assurance Division INSPECTION REPORT Inspection Date(s): Media Program: Regulatory Program(s) 07/21/2025 Water Clean Water Act-National Pollution Discharge Elimination System (Brine) Company Name: Facility Name: Facility Physical Location: (city, state, zip code) Mailing address: (city, state, zip code) County/Parish: Facility Phone Number Facility Contact: Novy Oil and Gas Inc. Pearsonia Latitude: 36.813350, Longitude: -96.474391 Foraker, OK, 74652 PO BOX 599 Goddard, KS, 76052 Osage County, OK 918-798-4510 Mike Novy Owner novyoil@aol.com FRS Number: Identification/Permit Number: Media Identifier Number: NAICS: SIC: n/a OKU002219 n/a 211111 1311 Personnel participating in inspection: Matthew Allen EPA/Region 6 ECDW Inspector EPA Lead Inspector Signature/Date Supervisor Signature/Date MATTHEW ALLEN Date: 2025.09.08 10:31:48 -05'00' Digitally signed by MATTHEW ALLEN Matthew Allen Date JEANNE ECKHART Date: 2025.09.09 06:19:28 -05'00' Digitally signed by JEANNE ECKHART Jeanne Eckhart Date 6ENFORM-019-R8.2 (02/12/2020) 1 Section I - INTRODUCTION Novy Oil and Gas Inc. / Pearsonia Lease (CWA) Inspection Date 07/21/2025 PURPOSE OF THE INSPECTION EPA Region 6 Inspector, Matthew Allen, arrived at the Novy Oil and Gas Inc. - Pearsonia Lease (EPA ID No. OKU002219) at 03:10 PM on 07/21/2025 for a spill inspection in response to a spill report (NRC# 1437565). The inspection was conducted by the authority of the Clean Water Act (CWA) to determine compliance with Environmental Protection Agency (EPA) regulations. There was no other federal, state, or local agency representative present at the time of the inspection. FACILITY DESCRIPTION EPA conducted an inspection at the Novy Oil and Gas Inc., Pearsonia Lease, where an oil/water separator malfunctioned, forcing saltwater into the oil storage tanks, and eventually forced oil and saltwater from the tanks into secondary containment at the facility. The secondary containment was overfilled and spilled into a nearby unnamed tributary of North Bird Creek. Spill impacts continued downstream and impacted North Bird Creek. Section II - OBSERVATIONS I observed the facility sign for the Novy Oil & Gas Inc., Pearsonia Lease tank battery. See photo No. 1. For additional GPS location information and photo metadata, please see Appendix 1 (photo log) attached to this report. I observed the oil tank which overflowed into the secondary containment. At the time of the inspection, the tank was covered in oil. This was the release point of the spill. See photo No. 2. I observed a low point in the secondary containment berm along the south edge of the facility. This low section of berm was stained with oil and was the point where spilled fluids overtopped the secondary containment. See photo No. 3. I observed the overland flowpath of the spill as it migrated away from the Pearsonia lease tank battery. The area along the flowpath was bare soil with no vegetation, and there was evidence of previous spills or inadequate secondary containment structures. See photo No. 4. I observed cleanup contractors removing impacted water from the unnamed tributary. Contractors were also observed removing contaminated soil from the overland flowpath. I observed oil-stained soil and roadbed along the county road immediately west of the facility. See photo No. 5. 2 Novy Oil and Gas Inc. / Pearsonia Lease (CWA) Inspection Date 07/21/2025 I observed a TDS field reading of 1,421 mg/L in the impacted, unnamed tributary of North Bird Creek. This was the highest TDS reading observed during the inspection. At the time of the inspection, cleanup was underway, and this was the first pool of water along the unnamed tributary. At this same location, oil was observed on the water and banks. See photos No. 6 and 7. Continuing downstream, I observed a TDS field reading of 1316 mg/L. At the same location I observed oil on the surface of the impacted tributary. See photos No. 8 and 9. I observed the confluence of the impacted tributary and North Bird Creek. Significant oil was present on the unnamed tributary and North Bird Creek. See photo's No. 10, 11, 12 and 13. Continuing downstream along North Bird Creek, I observed oil and sheen on the water. See photo No. 14. At the lowermost containment area along North Bird Creek, I observed a TDS field reading of 295 mg/L. At this same location, I observed round bales of hay which had been placed in North Bird Creek by the operator to prevent downstream migration of the oil. At the time of the inspection, there was no oil present at the hay bales, and there was no spill impacts observed downstream beyond this point. See photos No. 15, 16 and 17. From the lowermost containment area, with a view toward the northeast, I observed the bed and bank features of North Bird Creek. At the time of the inspection, south winds were preventing oil from migrating to this location. See photo No. 18. Section III - AREAS OF CONCERN The primary area of concern was the oil impacted soil and vegetation along the overland flowpath, and the impacted water along the unnamed tributary of North Bird Creek and North Bird Creek. Additional areas of concern included the produced water and oil impacts inside the secondary containment and the inadequate secondary containment at the Pearsonia lease tank battery. Section IV - FOLLOW UP EPA conducted a follow-up inspection 7/24/2025. EPA inspector will conduct follow-up calls, field meetings and inspections to ensure the impacted area is returned to "pre spill" condition. Section V - LIST OF APPENDICES Appendix 1 - Photo Log - 18 photos taken 7/21/2025 3 Novy Oil & Gas Inc./Pearsonia Lease (OKU002219) Inspection Date: 7/21/2025 Appendix 1 Photograph Log 18 Photos UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: 36.813350, -96.474391 City: Pawhuska Photo No. 1 County/Parish: Osage State: Oklahoma Photo File Name: R0010698 Orientation: WNW Date of Photo: 7/21/2025 Time of Photo: 3:13PM Latitude: 36.813350 Longitude: -96.474391 Photographer: Matthew Allen Description: This was the facility sign for the Novy Oil & Gas Inc. Pearsonia lease tank battery. This facility was the release point of the spill. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: 36.813350, -96.474391 City: Pawhuska Photo No. 2 County/Parish: Osage State: Oklahoma Photo File Name: R0010699 Orientation: NW Date of Photo: 7/21/2025 Time of Photo: 3:13PM Latitude: 36.813350 Longitude: -96.474391 Photographer: Matthew Allen Description: This was the oil tank which overflowed, releasing oil and saltwater onto the floor of the facility. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: 36.813350, -96.474391 City: Pawhuska Photo No. 3 County/Parish: Osage State: Oklahoma Photo File Name: R0010700 Orientation: NW Date of Photo: 7/21/2025 Time of Photo: 3:14PM Latitude: 36.813350 Longitude: -96.474391 Photographer: Matthew Allen Description: This was a low point in the secondary containment where oil spilled out of the facility. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: 36.813350, -96.474391 City: Pawhuska Photo No. 4 County/Parish: Osage State: Oklahoma Photo File Name: R0010701 Orientation: SW Date of Photo: 7/21/2025 Time of Photo: 3:14PM Latitude: 36.813350 Longitude: -96.474391 Photographer: Matthew Allen Description: This was a view toward the southwest of the overland flowpath as the spill migrated toward a nearby unnamed tributary of North Bird Creek. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: 36.813350, -96.474391 City: Pawhuska Photo No. 5 County/Parish: Osage State: Oklahoma Photo File Name: R0010702 Orientation: NNE Date of Photo: 7/21/2025 Time of Photo: 3:46PM Latitude: 36.813155 Longitude: -96.475670 Photographer: Matthew Allen Description: This was oil-stained soil and roadbed where the spill crossed the county road, west of the facility. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: 36.813350, -96.474391 City: Pawhuska Photo No. 6 County/Parish: Osage State: Oklahoma Photo File Name: R0010703 Orientation: N/A Date of Photo: 7/21/2025 Time of Photo: 4:36PM Latitude: 36.812046 Longitude: -96.479034 Photographer: Matthew Allen Description: This was a TDS field reading of 1,421 mg/L in the first pool of water along the impacted, unnamed tributary of North Bird Creek. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: 36.813350, -96.474391 City: Pawhuska Photo No. 7 County/Parish: Osage State: Oklahoma Photo File Name: R0010704 Orientation: SSW Date of Photo: 7/21/2025 Time of Photo: 4:37PM Latitude: 36.812046 Longitude: -96.479034 Photographer: Matthew Allen Description: This was oil floating on the unnamed tributary of North Bird Creek. This is the same location where the TDS field reading from photo No. 6 was observed. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: 36.813350, -96.474391 City: Pawhuska Photo No. 8 County/Parish: Osage State: Oklahoma Photo File Name: R0010705 Orientation: N/A Date of Photo: 7/21/2025 Time of Photo: 5:00PM Latitude: 36.808770 Longitude: -96.480625 Photographer: Matthew Allen Description: This was a TDS field reading of 1316 mg/L observed in the impacted tributary of North Bird Creek. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: 36.813350, -96.474391 City: Pawhuska Photo No. 9 County/Parish: Osage State: Oklahoma Photo File Name: R0010706 Orientation: W Date of Photo: 7/21/2025 Time of Photo: 5:01PM Latitude: 36.808770 Longitude: -96.480625 Photographer: Matthew Allen Description: This was the pool where the TDS reading from photo No. 8 was observed. Oil was present on the water in the top left portion of the photo. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: 36.813350, -96.474391 City: Pawhuska Photo No. 10 County/Parish: Osage State: Oklahoma Photo File Name: R0010707 Orientation: NNW Date of Photo: 7/21/2025 Time of Photo: 5:05PM Latitude: 36.808379 Longitude: -96.480865 Photographer: Matthew Allen Description: This was the confluence of the unnamed tributary and North Bird Creek. This was the point of entry (POE) into North Bird Creek. The unnamed tributary enters the photo from the lower right corner. The unnamed tributary and North Bird Creek had a significant amount of oil floating on the surface at this location. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: 36.813350, -96.474391 City: Pawhuska Photo No. 11 County/Parish: Osage State: Oklahoma Photo File Name: R0010708 Orientation: NE Date of Photo: 7/21/2025 Time of Photo: 5:05PM Latitude: 36.808379 Longitude: -96.480865 Photographer: Matthew Allen Description: This was a view from the confluence of North Bird Creek and the unnamed tributary with a view toward the northeast, looking back upstream along the unnamed tributary. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: 36.813350, -96.474391 City: Pawhuska Photo No. 12 County/Parish: Osage State: Oklahoma Photo File Name: R0010709 Orientation: NNW Date of Photo: 7/21/2025 Time of Photo: 5:05PM Latitude: 36.808379 Longitude: -96.480865 Photographer: Matthew Allen Description: This was a view from the confluence of North Bird Creek and the unnamed tributary with a view toward the northwest along North Bird Creek. The gravel bar prevented oil from being pushed further upstream by the south wind. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: 36.813350, -96.474391 City: Pawhuska Photo No. 13 County/Parish: Osage State: Oklahoma Photo File Name: R0010710 Orientation: SSW Date of Photo: 7/21/2025 Time of Photo: 5:05PM Latitude: 36.808379 Longitude: -96.480865 Photographer: Matthew Allen Description: This was a view from the confluence of North Bird Creek and the unnamed tributary with a view toward the southwest along North Bird Creek. There was significant oil on the surface of North Bird Creek. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: 36.813350, -96.474391 City: Pawhuska Photo No. 14 County/Parish: Osage State: Oklahoma Photo File Name: R0010711 Orientation: NNW Date of Photo: 7/21/2025 Time of Photo: 5:08PM Latitude: 36.807629 Longitude: -96.481281 Photographer: Matthew Allen Description: This was a view of oil and sheen present on North Bird Creek downstream from the POE. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: 36.813350, -96.474391 City: Pawhuska Photo No. 15 County/Parish: Osage State: Oklahoma Photo File Name: R0010712 Orientation: N/A Date of Photo: 7/21/2025 Time of Photo: 5:13PM Latitude: 36.806925 Longitude: -96.482784 Photographer: Matthew Allen Description: This was a TDS field reading of 295mg/L. This was the highest reading observed in North Bird Creek. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: 36.813350, -96.474391 City: Pawhuska Photo No. 16 County/Parish: Osage State: Oklahoma Photo File Name: R0010713 Orientation: ESE Date of Photo: 7/21/2025 Time of Photo: 5:14PM Latitude: 36.806925 Longitude: -96.482784 Photographer: Matthew Allen Description: This was hay bales placed in North Bird Creek by the operator to prevent downstream migration of oil. At the time of the inspection, the hay bales were preventing downstream migration of oil. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: 36.813350, -96.474391 City: Pawhuska Photo No. 17 County/Parish: Osage State: Oklahoma Photo File Name: R0010714 Orientation: SE Date of Photo: 7/21/2025 Time of Photo: 5:14PM Latitude: 36.806925 Longitude: -96.482784 Photographer: Matthew Allen Description: This was a view downstream from the hay bales/containment area. There was no oil or spill impacts observed downstream from this location. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: 36.813350, -96.474391 City: Pawhuska Photo No. 18 County/Parish: Osage State: Oklahoma Photo File Name: R0010715 Orientation: NEE Date of Photo: 7/21/2025 Time of Photo: : 5:14PM Latitude: 36.806925 Longitude: -96.482784 Photographer: Matthew Allen Description: This was a view from the hay bales/containment area looking upstream. At the time of the inspection the south wind was pushing oil up the creek, there was no oil present at this location at the time of the inspection.