Document 6aL32LnOm1xE6QqgxQQzgdQ3

~-tED sr"l~; .~~ ~ ~-~'. ~ A A "'0 ~ ~ ~ % <f ~ ~ (<'~ ,.,f> ""~t PR01tV UNITED STATES ENVIRONMENTAL PROTECTION REGION 6 1445 ROSS AVENUE, SUITE 1200 DALLAS, TEXAS 75202-2733 JUN 1 1 20t8 AGENCY CERTIFIED MAIL-RETURN RECEIPT REQUESTED: 7014 0150 0000 2406 2547 David B. Frisby, Operations FF&N Oil Company 239 Frisby Road ElDorado, AR 71730 Re: Administrative Order; Docket Number: CWA-06-2018-1770 Facility Number: ARU001225 Dear Mr. Frisby: Enclosed is an Administrative Order (AO) issued to FF&N Oil Company for violation of the Clean Water Act (CWA) (33 U.S.C. 1251 etseq.). The violation was identified during a February 7, 2018 inspection conducted by the Environmental Protection Agency, Region 6 (EPA) of your oil and gas production facility known as the Manville No. 5 SWD, located in Union County, Arkansas. The violation alleged is for the unauthorized discharge of a pollutant, specifically produced wastewater, to a water of the United States. Effective upon receipt of this AO, you shall immediately comply with all provisions set forth in the enclosed AO. This AO also requires submission of information to confirm compliance with the AO and to prevent future discharges of pollutants. EPA is committed to ensuring compliance with the requirements of the CWA and my staff will assist you in any way possible. If you have any questions, please contact Dr. Jack Arias, of my staff, at (214) 665-6434. Sincerely, I Cheryl T. Seager Director Compliance Assurance and Enforcement Division Enclosure cc: Mr. Gary Looney Assistant Director State of Arkansas Oil and Gas Commission El Dorado Regional Office 2215 W. Hillsboro St. ElDorado, AR71730 cc: Ms. Ellen Carpenter, Manager ADEQ Water Division 5301 Northshore Drive North Little Rock, AR 72118-5317 U.S. ENVIRONMENTAL PROTECTION AGENCY- REGION 6 FINDINGS OF VIOLATION, COMPLIANCE ORDER In the Matter ofFF&N Oil Company (Respondent) Docket Number: CWA-06-20 18-1770, Facility Number: ARU001225 STATUTORY AUTHORITY The following findings are made, and Order issued, under the authority vested in the Administrator ofthe 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 delegated the authority to issue this Order to the Regional Administrator of EPA Region 6, who delegated such authority to the Director of the Compliance Assurance and Enforcement Division. FINDINGS I. FF&N Oil Company ("Respondent") is a "person," as defined by Section 502(5) of the Act, 33 U.S.C. 1362(5). 2. At all times relevant to the violation alleged herein ("relevant time period"), Respondent owned and operated an oil field disposal and production facility known as the Manville No. 5 SWD, located in ElDorado, Union County, Arkansas ("facility"), designated as Facility Number ARU001225. 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 relevant times, the facility acted as a "point source" of a "discharge" of "pollutant[s]", specifically oil field brine and produced wastewater generated from oil production activities, to a tributary of Ward Creek 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. 5. At no time during the relevant time period did Respondent have National Pollutant Discharge Elimination System permit coverage under the Act which authorized the discharge of a pollutant from the facility to waters of the United States. 6. On February 7, 2018, an EPA inspector observed that pollutants, specifically oil field brine and produced wastewater had been discharged from the facility to a water ofthe United States. The inspector determined that the water located at the discharge point of entry into the tributary of Ward Creek (Latitude 33.156806 N and Longitude -92.512761 W) was contaminated from brine discharges and measured 3,794 parts-per-million Total Dissolved Solids ("TDS"). 7. During the relevant time period, it was unlawful under Section 30l(a) of the Act, 33 U.S.C. 13ll(a), for any person to discharge a pollutant from a point source to a water of the United States without a permit issued under Section 402 of the Act, 33 U.S.C. 1342. SECTION 309(a)(3) COMPLIANCE ORDER 8. Based on these findings and pursuant to the authority of Section 309(a)(3) of the Act, 33 U.S.C. 1319(a)(3), EPA orders Respondent to take the following actions immediately upon receipt of this Order: a. Stop all discharges of pollutants from the facility; b. Remove all pollutants from the flow paths located between the point of discharge and the point of entry into the tributary of Ward Creek; and c. Remove sufficient amounts of pollutants from the tributary of Ward Creek, which were discharged from the facility on or about February 7, 2018, so that the TDS in the tributmy downstream of the discharge is at or below background TDS levels.' d. Within thirty (30) days of the effective date of this Order, Respondent shall provide a written cmtification including photographs, in-stream salinity, conductivity, and 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 signatmy for the company are correct. c. Within thitty (30) days of the effective date of this Order, Respondent shall develop and submit to EPA a Pollution Prevention Plan to prevent similar occurrences. All correspondence should be addressed to: Dr. Jack Arias (6EN-WR) U.S. EPA, Region 6 1445 Ross Avenue, Suite 1200 Dallas, TX 75202-2733 Docket No. CWA-06-2018-1770 Page2 GENERAL PROVISIONS Respondent may seek federal judicial review of the Order pursuant to Chapter 7 of the Administrati ve Procedure Act, 5 U .S.C. 70 1-706. Issuance ofthis Section 309(a)(3) Compliance Order shall not be deemed an election by EPA to wa ive any administrative, judicial, c ivil, or criminal action to seek pe nalties, fines, or other reiief under the Act for the vio lation alleged herein or other violations which may become known to EPA. EPA rese rves the right to seek any remedy avaiIable under the law which it deems appropriate. Failure to comply with this Section 309(a)(3) Compliance Order or the Act may result in the initiation of an administrative penalty action by EPA or a civil judicial pena lty action by the U.S. Department of Justice. Compliance with this Order does not rel ieve Respondent of its o bligation to comply with a ll applicable federal, state, and local laws. T he effective date of this Order IS the date it ts received by Respondent. Chery l T. Seager Director Compl iance Assurance and Enforcement Division 1 Compliance with this paragraph of the Order will be achieved after completing the required re moval actio ns and once the total dissolved solids (TDS) measured values, sampled by using an approved method, such as a calibrated conducti vity meter, at a point upstream of the po int of entry and at a point downstream of the point of entry are relatively simi lar demonstrating that the stream is no longer affected by the pollutant.