Document RJzLyX1gdm5qkLRvOJpLrMeNz

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 1201 ELM STREET, SUITE 500 DALLAS, TEXAS 75270-2102 October 26, 2023 TRANSMITTED VIA EMAIL Phillip Levasseur Coterra Energy, Inc. Three Memorial City Plaza, 840 Gessner Rd. Suite 1400 Houston, Texas 77024 phillip.levasseur@cote1n.com Re: Clean Water Act, Section 308 Information Request Produced Water Spill in Eddy County, New Mexico on or about October 3, 2023 NRC Report No: 1380816 Dear Mr. Levasseur: Pursuant to Section 308 of the Clean Water Act (CWA), 33 U.S.C. 1318, United States Environmental Protection Agency (EPA) has the authority to request information pertinent to carrying out its responsibilities under the CWA. Accordingly, this Information Request is hereby served on you and Coterra Energy, Inc. Compliance with the provisions of this letter is mandato1y. Please provide the information requested below and copies of the requested documents within 30 days of receipt of this letter. The response must be signed by a duly authorized official of Coten-a Energy, Inc. The information will be considered in the evaluation of the extent of yow- compliance with the federal regulations governing the discharge, or threat of discharge, of hazardous substances, pollutants, or contaminants into navigable waters of the United States. Failure to respond fully and truthfully to the Information Request, or to adequately justify such failure to respond, will be considered a violation of Section 309 of the CWA, 33 USC 1319, which can result in enforcement action by EPA. Section 309 of the CWA permits EPA to seek the imposition of civil and criminal penalties for failure to submit information requested under Section 308 of the CWA, including issuance of an Administrative Penalty Order or referral to the United States Department of Justice for judicial action with monetary fines. Please be further advised that providing false, misleading, or fraudulent statements or representations, may subject you to criminal penalties under Section 309 of the CWA, 33 USC 1319(c)(4). This Inf01mation Request is not subject to the approval requirements of the Paperwork Reduction Act, of 1980, as amended, 44 U.S.C. 3501-3521, as described in 5 C.F.R. 1320.3(c). You are hereby requested to provide the following information regarding the spill of produced water, which occurred on or about October 3, 2023, at the facility owned or operated by Coterra Energy, Inc. in Eddy County, New Mexico: Re: Coterra Energy, Inc. Information Request, NRC #1380816 Page 2 a) The name and contact infonnation for the owner and operator of the equipment or facility from which the spill originated and the classification of the facility (e.g., oil production; pipeline; transportation; etc.). Provide the appropriate contact information for each individual including affiliation, a telephone number, and an email address to reach this individual. b) The amount of each product spilled (in either barrels or gallons). For releases of mixtures, include the total volume and either volumes or relative percentages of each component. If any reported value is an estimate, describe in detail the method used to develop the estimate. c) Duration and path of the spill event. Report the time, date, and location of where the spill began, how long the product remained in the watercourse, as well as on the shoreline, banks, or flow path between the point of release and the final (end) point of the flow path and when the cleanup operations were considered complete, and all product removed from waters of the United States and adjoining shorelines. Report actions taken to control the source of the spill, volumes of material (soils, materials, and fluids) removed from the spill area, controls put in place to prevent further migration of the spill, and any action taken to restore the area impacted by the spill, if applicable. Include documentation for work completed (including labor), such as work orders or receipts, ifany. d) Spill flow path and conditions during spill event. Describe the general surface/rainwater runoff direction and pathway(s) from the spill location. Describe to the full extent the length, path(s), and impacts observed throughout the spill event and following clean-up activities. Report observed site conditions, such as weather events, different flow paths, etc. during the spill event. e) The cause of the spill event. Describe the cause of the spill and include documentation. f) Actions to stop the spill event. Describe what actions were taken to cease the spill and include documentation that shows activities associated with repairs or work completed to cease the spill event. g) Name of the immediate receiving ditch, creek, stream, river, lake, arroyo, swale, etc., if known. If the name of the water body is not available, use the best description available. A. Also include the names of all downstream receiving waters that the spill affected, including the length of the spill from the point of the release to the fmthest point downstream that was identified. B. Additionally, list all downstream receiving water bodies to the first major river or lake, regardless of whether or not the spill affected the water bodies. h) Site location map showing the coordinates (latitude and longitude) of both the start and end points of the spill. Label any characterizations on the map that can be representative of the spill, including the size of the spill in width and length at the point of discharge area (and the method used to measure that area), the length of the spill from the point ofdischarge to downstream flow path points observed during clean-up activities, etc. Sketch of the spill site showing extent of the spill that includes the distance the spill traveled from the spill site. Detail how the distance was measured. Re: Coterra Energy, Inc. Information Request, NRC #1380816 Page 3 i) Drawing of the site showing locations of the fac ilities associated with the spill and other relevant site locational information, (e.g., flow line locations through the spill site area, etc.). j) Contact information for the landowners where the spill occurred and downstream locations where the spill impacted, if available. If the spill crossed property boundaries, provide the names and contact information for additional property impacted, if available. k) Water Quality Information. Provide water quality information (field reading(s) or laboratory analysis) at the source of the spill event, if available.. Provide date, time, and sampler names for each reading. Provide data quality assurance information, if available. 1) Photographs of the spill and the spill site before and after on-site activities, (e.g., remedial activities have occun-ed). Provide locations of the photographs with latitude and long itude (locations can be indicated on site map being provided). Indicate the direction the photograph was taken for each photograph. m) Documentation of any penalties assessed by local, state or federal agencies._Any documentation, records of communication with local, state, or federal agencies, associated with the spill that are relevant to this information request. In some instances, information requested by EPA may be considered confidential business information (CBI) by the provider of that information. Should any of the information requested by EPA as part of this request for information be considered CBI material by Coterra Energy Inc., you must assert that claim as part of your reply. The final detennination regarding this material will be made by EPA per 33 U.S.C. 1318(b) and 40 C.F.R. Part 2, Subpart B. At this time, EPA is requesting that the information requested be submitted electronically in searchable PDF format. All documents should be clearly marked with a reference to that number of the request for which they are provided. Please email your response to blaha.michael@epa.gov. If you are unable to submit the information electronically due to email file size limitations or technological limitations, please contact Michael Blaha, of my staff, at (214) 665-8574. Michael Blaha (6ECDWE) U.S. Environmental Protection Agency, Region 6 blaha.michael@epa.gov Re: Coterra Energy, Inc. Information Request, NRC # 1380816 Page 4 Ifyou need additional time to respond to this request or if you have any questions relating to this Information Request, please contact Michael Blaha, of my staff, at (214) 665-8574. Sincerely, Digitally signed by CHERYL SEAGER Date: 2023.10.261 0:25:18 05'00' Cheryl T. Seager, Director Enforcement and Compliance Assurance Division