Document b5M1poLZM2nBKJry9qLKZjOpo

REGION 6 DALLAS, TX 75270 August 19, 2025 TRANSMITTED VIA EMAIL Mr. Mark Mccann Mccann Resources, Inc. 1613 West 6th Street Bartlesville, OK 74003 mccanncompanies@yahoo.com Re: Final Administrative Order Well Number: D-76 EPA Inventory ID: OS5694000 Docket Number: SDWA-06-2025-1120 Dear Mr. Mccann: Attached is a Final Administrative Order {Final Order) issued by the United States Environmental Protection Agency {EPA) to Mccann Resources, Inc. (Respondent) for violation of the Safe Drinking Water Act {SOWA). The Final Order requires the Respondent to comply with the regulatory requirements specified in the Final Order. EPA requests that the Respondent immediately confirm receipt of this email and the attached Fina l Order by a response e-mail to rudolph.matthew@epa.gov. The violation of the SOWA was identified through a review of files that EPA maintains on the referenced injection well. The violation was for failing to successfully demonstrate mechanical integrity and maintaining the injection well in a manner that could allow the movement of fluid that contains contaminants into an underground sou rce of drinking water (USDW). The Final Order does not assess a monetary penalty; however, it does require compliance with SOWA requirements and specifies deadlines for compliance. The Final Order requires the Respondent to comply with certain SOWA regulatory requirements. Please be aware that failure to comply with the Final Order may subject the Respondent to additional enforcement action by EPA, including the initiation of legal proceedings to seek monetary penalties. The effective date of the Fina l Order is thirty {30) days after issuance unless an appeal is taken pursuant to Section 1423(c)(6) of the SOWA, 42 U.S.C. 300h-2{c)(6). The SOWA provides that you may file an appeal of the Fina l Order with t he United States District Court for the District of Columbia or the district in which t he violations occurred. Such appeal must be filed within 30 days after the Final Order is issued. If you file an appeal, you must simultaneously send a copy of the appeal by certified mail to the Administrator of the Environmental Protection Agency and to the United States Attorney General. Re: Mccann Resources, Inc. P.2 SDWA-06-2025-1120 Also enclosed is an "Information Sheet" relating to the Small Business Regulatory Enforcement Fairness Act and a "Notice of Registrant's Duty to Disclose" relating to the disclosure of environmental legal proceedings to the Securities and Exchange Commission. The EPA is committed to ensuring compliance with t he requirements of the Underground Injection Control program, and my staff will assist you in any way possible. If you have any questions regarding this matter, please contact Mr. Matthew Rudolph, of my staff, at (214) 665-6434. Sincerely, 1 ( ) <, Llurj ' ....:uy,.,,..- Digitally signed by CHERYL SEAGER Date:2025.08.1 9 12:42'5 1 -05'00' Cheryl T. Seager, Director Enforcement and Compliance Assurance Division Enclosures ec: Mr. Craig Walker, Director, Osage Nation Dept. of Natural Resources (DNR) cmwalker@osagenation-nsn.gov Mr. Adam Trumbly, Superintendent, Bureau of Indian Affairs, Osage Agency adam.trumbly@bia.gov In the Matter of UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 Dallas, Texas 75270 FILED 19 AUG 25 PM 01:38 REGIONAL HEARING CLERK EPA REGION 6 Mccann Resources, Inc. Docket No. SDWA-06-2025-1120 Respondent. FINAL ADMINISTRATIVE ORDER STATUTORY AUTHORITY The following findings are made, and Administrative Order issued, under the authority vested in the Administrator of the U.S. Environmental Protection Agency (EPA) by Section 1423(c) of the Safe Drinking Water Act (the Act), 42 U.S.C. 300h-2(c). The authority to issue this Order has been delegated by the Administrator to the Regional Administrator of EPA Region 6 who further delegated such authority to the Director of the Enforcement and Compliance Assurance Division. The EPA has primary enforcement responsibility for underground injection within the meaning of Section 1422(c) of the Act, 42 U.S.C. 300h-l(c), to ensure that owners or operators of Class II injection wells within Osage County, Oklahoma, comply with the requirements of the Act. FINDINGS 1. Mccann Resources, Inc. (Respondent) is a company doing business in the State of Oklahoma and, therefore, is a "person," within the meaning of Section 1401(12) of the Act, 42 u.s.c. 300f(12}. SDWA-06-2025-1120 Page 2 2. At all times relevant to the violations alleged herein, Respondent owned or operated an "injection well" which is a "Class II well" as those terms are defined at 40 C.F.R 147.2902. The injection well is located in the SW Quarter of Section 15, Township 29 North, Range 11 East, Osage County, Oklahoma, designated as injection Well No. D-76 and EPA Inventory Number 055694000 (the injection well). 3. Respondent is subject to underground injection control (UIC) program requirements set forth at 40 C.F.R. Part 147, Subpart GGG, which are authorized under Section 1421 of the Act, 42 U.S.C. 300h. 4. Regulations at 40 C.F.R. 147.2903(a) require that any underground injection is prohibited except as authorized by rule or authorized by a permit issued under the UIC program. The construction or operation of any injection well required to have a permit is prohibited until the permit has been issued. The term "permit" is defined at 40 C.F.R. 147.2902. 5. Regulations at 40 C.F.R. 147.2903(b) provide that no owner or operator shall construct, operate, maintain, convert, plug, or abandon any injection well, or conduct any other injection activity, in a manner that allows the movement of fluid containing any contaminant into underground sources of drinking water, if the presence of that contaminant may cause the violation of any primary drinking water regulation under 40 C.F.R. Part 142 or may otherwise adversely affect the health of persons. 6. Regulations at 40 C.F.R. 147.2916 require the owner or operator of a new Class II injection well, or any other Class II injection well requ ired to have a permit in the Osage Mineral Reserve, to comply with the requirements of 40 C.F.R. 147.2903, 147.2907, and 147.2918 through 147.2928. SDWA-06-2025-1120 Page 3 7. On November 24, 1993, EPA issued UIC permit number 06S1262P5694 ("the permit") for the injection well. 8. On November 24, 1993, the permit became effective. 9. Regulations at 40 C.F.R. 147.2925(a) require the permittee to comply with all permit conditions, except as authorized by an emergency permit {described at 40 C F.R. 147.2906). 10. Regulations at 40 C.F.R. 147.2920(b) and Part I.B of the UIC permit require that the injection well have mechanical integrity and demonstrate mechanical integrity every 5 years. 11. The injection well's last successful mechanical integrity demonstration was on June 18, 2014. The injection well was due for its mechanical integrity test on June 18, 2019. The injection well has not successfully demonstrated mechanical integrity since 2014. 12. During an August 30, 2023, inspection the inspector observed a fluid level in the well at the surface. The USDW has been determined to be 80 feet below surface. 13. A static fluid level within 50 feet of the base of the USDW in an injection well without mechanical integrity indicates that fluids inside the injection well could move into the USDW. 14. Therefore, Respondent violated regulations set forth at 40 C.F.R. 147.2903(b), 147.2920(b), and Part I.B. of the permit by maintaining the injection well in a manner that could allow the movement of fluid that contains contaminants into an USDW and by failing to successfully demonstrate mechanical integrity. 15. Pursuant to Section 1423{c){3){A) of the Act, 42 U.S.C. 300h-2{c){3){A), on June 26, 2025, EPA issued a Proposed Administrative Order to Respondent and provided Respondent an opportunity to request a hearing on the Proposed Administrative Order. SDWA-06-2025-1120 Page 4 16. On June 30, 2025, EPA provided public notice of its proposal to issue an order for compliance in this matter in accordance with Section 1423(c)(3)(B) of the Act, 42 U.S.C. 300h2(c)(3)(B). 17. Respondent did not request a heari ng and EPA did not receive any public comments on the Proposed Administrative Order. SECTION 1423(c) COMPLIANCE ORDER 18. Based on the foregoing findings, and pursuant to the authority of Section 1423(c) of the Act, 42 U.S.C. 300h-2(c), EPA Region 6 hereby orders Respondent to: a. Cease use of the injection well for the unauthorized underground injection of fluids, and b. Take one of the following actions: i. Repair the injection well and successfully demonstrate mechanical integrity according to regulations at 40 C.F.R. 147.2920 and Part I.B. of the permit with in ninety (90) days after the effective date of a Final Administrative Order; or ii. Complete proper plugging and abandonment in accordance with 40 C.F.R. 147.2905, within ninety (90) days after the effective date of a Final Administrative Order; or iii. Convert the injection well to production use within ninety (90) days after the effective date of a Final Administrative Order. 19. Submit copies of completed plugging reports or completed work reports showing conversion to production and BIA Osage Agency Forms 139 within 120 days after the effective date of this Final Administrative Order to: SDWA-06-2025-1120 Page 5 Matthew Rudolph rudolph.matthew@epa.gov U.S. Environmental Protection Agency Water Enforcement Branch (ECDWE) GENERAL PROVISIONS 20. Respondent may appeal this Final Administrative Order to Federal District Court pursuant to Section 1423(c)(6) of the Act, 42 U.S.C. 300h-2(c)(6). 21. This Final Administrative Order does not constitute a waiver, suspension, or modification of the requirements of 40 C.F.R. Parts 144, 146, and 147, Subpart GGG, which remain in full force and effect. 22. Issuance of this Fina l Administrative Order is not an election by EPA to forego any civil or criminal action otherwise authorized under the Act. 23. Violation of the terms of this Final Administrative Order after its effective date or date of final judgment as described in Section 1423{c)(6) of the Act, 42 U.S.C. 300h-2(c)(6), may subject Respondent to further enforcement action, including a civil action for enforcement of this Final Administrative Order under Section 1423(b) of the Act, 42 U.S.C. 300h-2(b), and civil and criminal penalties for violations of the compliance terms of this Final Administrative Order under Section 1423(b)(1) and (2) of the Act, 42 U.S.C. 300h-2(b)(1) and (2). TAX IDENTIFICATION 24. 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 Paragraphs 18 and 19 is restitution, remediation, or required to come into compliance with t he law. SDWA-06-2025- 1120 Page 6 EFFECTIVE DATE 25. This Final Administrative Order becomes effective thirty (30) days after issuance unless an appeal is taken pursuant to Section 1423(c)(6) of the Act, 42 U.S.C. 300h-2(c)(6). Digitally signed by CHERYL SEAGER {Me: 202:5.08.19 12:42:03 -05'00' Cheryl T. Seager, Director Enforcement and Compliance Assurance Division Docket No.: SDWA-06-2025-1120 Page 1 of 1 CERTIFICATE OF SERVICE I certify that the foregoing Final Administrative Order was sent to the following persons, in the manner specified, on the date below: Signed Original E-mailed: Fi le Stamped Copy Transmitted via Email: Electronic Copy: Dated: 8/19/2025 Regional Hearing Clerk {R6ORC) U.S. EPA, Region 6 1201 Elm Street, Suite 500 Dallas, TX 75270 vaughn.lorena@epa.gov Mccann Resources, Inc. 1613 West 6th Street Bartlesville, OK 74003 mccanncompanies@yahoo.com Ellen Chang U.S. EPA, Region 6 1201 Elm Street, Suite 500 Dallas, TX 75270 chang.ellen@epa.gov Adam Trumbly, Superintendent Bureau of Indian Affairs, Osage Agency P.O. Box 1539 Pawhuska, OK 74056 adam.trumbly@bia.gov Craig Walker, Director Osage Nation Department of Natural Resources 100 W. Main, Suite 304 Pawhuska, OK 74056 cmwalker@osagenation-nsn.gov Digitally signed by MATTHEW RUDOLPH MATTHEW RUDOLPH Date: 2025.08.1913:08:59 Signed:_______ -05'00'