Document emggGMvgKMypQeJdk3myekq59

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGIONS 1201 ELM STREET, SUITE 500 DALLAS, TEXAS 75270-2102 September 21 , 2021 TRANSMITTED VIA E-MAIL Ms. Nicole Payne Perdure Petroleum, LLC 100 Allentown Parkway, Suite 211 Allen, TX 75002 npayne@perdurepetro.com Re: Final Administrative Order Well Number: 66-W3 EPA Inventory ID: OS0435000 Docket Number: SDWA-06-2021-1135 Dear Ms. Payne: Attached is a Final Administrative Order (Final Order) issued by the United States Environmental Protection Agency (EPA) to Perdure Petroleum, LLC (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 e-mail and the attached Final Order by a response e-mail to vaughn.alan@epa.gov. The violation of the SOWA was identified through a review of files that EPA maintains on the referenced injection well. The violation is for failing to successfully demonstrate mechanical integrity and maintaining the injection well in a manner that could allow the movement offluid that contains contaminants into an underground source 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 Final Order is 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). The SOWA provides that you may file an appeal of the Final Order with the United States District Court for the District of Columbia or the district in which the 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. Ke: tJeroure retroreum, LLC L. SDWA-06~2021-1135 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 the 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 Alan Vaughn at (214) 665-7487. Sincerely, /\ ~ '::J ~ OigitolltyY(Jn~ byOiERY\. SE.AGER ON:c---VS.o U..S.~mmtnt.OY--Cnvtronm~t.al Protccti(>nA9ffl(y, Ol-<HERYlSrAGER, 0 ,9.lJ.42.19200100.100.1.1-6800100l6S1793 O.itr.2'021..09.21 Ga:1S:59-0SW Cheryl T. Seager, Director Enforcement and Compliance Assurance Division Attachments ec: Ms. Jann Hayman, Osage Nation Department ofNatural Resources Director jannhayman(@,osa2enation-nsn.gov Ms. Robin Phillips, Osage Agency BIA Superintendent robin.phillips(@,bia.2ov Mr. Jeff Marcel, Perdure Petroleum, LLC jmarcel(@,perdurepetro.com UNITED STATES ENVIRONMENTAL PROTECTION AGi~b.~ ED REGION6 Dallas, Texas 75270 21 SEP 22 AM 9: 45 In the Matter of Perdure Petroleum, LLC Respondent REGlOi-:;:.L HEP.RING CLER!< EPA REG!ON VI Docket No. SDWA-06-2021-1135 FINAL ADMINISTRATIVE ORDER STATUTORY AUTHORITY The following findings are made, and Final 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 Final Administrative 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. Perdure Petroleum, LLC (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(l2). 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 tem1s are defined at 40 C.F.R 147.2902. The injection well is located in the South West Quarter of Section 25, Township 27 North, Range 05 East, Osage County, Oklahoma, designated as injection Well No. 66-W3 and EPA Inventory Number OS0435000 (the injection well). SDWA-06-2021-1135 Page 2 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 pennit 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 ofdrinking water, ifthe presence ofthat contaminant may cause the violation ofany 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. 147.2909 provide that existing injection wells (wells authorized by the Bureau of Indian Affairs and constructed or completed on or before the effective date of the Osage UIC progr~m) are authorized by rule (ABR). Owners or operators of injection wells authorized by rule must comply with the provisions of 40 C.F.R. 147.2903, 147.2905, 147.2907, and 147.2910 through 147.2915. 7. Regulations at 40 C.F.R. 147.2912(a) require each ABR injection well to have mechanical integrity. An injection well has mechanical integrity if there are no significant leaks in the casing, tubing, or packer and there is no significant fluid movement into the "Underground Source of Drinking Water" (USDW) through vertical channels adjacent to the wellbore. The term USDW is defined at 40 C.F.R. 147.2902. 8. The injection well is authorized by rule in accordance with 40 C.F.R. 147.2909. SDWA-06-2021-1135 Page 3 9. On August 20, 2018, the injection well failed a mechanical integrity test. To date, the injection well has not successfully demonstrated mechanical integrity. 10. On September 12, 2018, EPA mailed a letter to Respondent notifying Respondent that EPA determined that the injection well failed a mechanical integrity test on August 20, 2018. The letter informed Respondent of the potential violations of the Act and the UIC program and that EPA can pursue enforcement actions in response to these violations. The letter also provided the Respondent an opportunity to confer with the EPA in regards to this matter. 11. Therefore, Respondent violated regulations set forth at 40 C.F.R. 147.2903(b), 147.2909, and 147.2912(a) 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. 12. Pursuant to Section 1423(c)(3)(A) of the Act, 42 U.S.C. 300h-2(c)(3)(A), on August 5, 2021 , EPA issued a Proposed Administrative Order to Respondent and provided Respondent an opportunity to request a hearing on the Proposed Administrative Order. 13. On August 5, 2021 , 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. 300h-2(c)(3)(B). 14. Respondent did not request a hearing and EPA did not receive any public comments on the Proposed Administrative Order. SECTION 1423(c) COMPLIANCE ORDER 15. 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 SDWA-06-2021-1135 Page 4 b. Take one of the following actions: 1. Repair the injection well and successfully demonstrate mechanical integrity according to regulations at 40 C.F.R. 147.2912(a) within ninety (90) days after the effective date of this Final Administrative Order; QI 11. Complete proper plugging and abandonment in accordance with 40 C.F.R. 147.2905, within ninety (90) days after the effective date of this Final Administrative Order; or 111. Convert the injection well to production use within ninety (90) days after the effective date of this Final Administrative Order. 16. 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: Alan Vaughn vaughn.alan@epa.gov U.S. Environmental Protection Agency Water Enforcement Branch (ECDWE) 1201 Elm Street, Suite 500 Dallas, TX 75270-2102 GENERAL PROVISIONS 17. 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). 18. 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. 19. Issuance of this Final Administrative Order is not an election by EPA to forego any civil or criminal action otherwise authorized under the Act. SDWA-06-2021-1135 Page 5 20. Violation ofthe tenns 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 tenns of this Final Administrative Order under Section 1423(b)(l) and (2) ofthe Act, 42 U.S.C. 300h-2(b)(l) and (2). TAX IDENTIFICATION 21. For purposes of the identification requirement in Section l 62(f)(2)(A)(ii) of the Internal Revenue Code, 26 U.S.C. 162(f)(2)(A)(ii), and 26 C.F.R. l.162-21(b)(2), perfonnance of Paragraphs 15 and 16 is restitution, remediation, or required to come into compliance with the law. EFFECTIVE DATE 22. 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). September 21, 2021 Date ' - Digitally signed byCHERYLSEAGER I) ON: c=US. o=U.S. Government. ou=Environmental " , Protection Agency, cn=CHERYL SEAGER, 0.9.2342.19200300.100.1.1=68001003651793 Date: 2021.09.21 10:23:SO --05'00' Cheryl T. Seager, Director Enforcement and Compliance Assurance Division Docket No.: SDWA-06-2021 -11 35 Pagel of2 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: File Stamped Copy Transmitted via Email: Electronic Copy: Regional Hearing Clerk (R6ORC) U.S. EPA, Region 6 1201 Elm Street, Suite 500 Dallas, TX 75270 vaughn.lorena@epa.gov Ms. Nicole Payne Perdure Petroleum, LLC 100 Allentown Parkway, Suite 2 11 Allen, TX 75002 npavne(@.perdurepetro.com Ms. Kristine Talbot Mr. Alan Vaughn U.S. EPA, Region 6 1201 Elm Street, Suite 500 Dallas, TX 75270 talbot.kristine(@.e pa.gov vaughn .a lan(@.epa.gov Ms. Robin Phillips, Superintendent Bureau of Indian Affairs Osage Agency P.O. Box 1539 Pawhuska, OK 74056 robin.phillips@bia.gov Ms. Jann Hayman, Director Osage Nation Department ofNatural Resources I00 W. Main, Suite 304 Pawhuska, OK 74056 jannhavman(@.osagenation-nsn.gov Docket No.: SDWA-06-2021-1135 Page 2 of2 Mr. Jeff Marcel Perdure Petroleum, LLC 100 Allentown Parkway, Suite 211 Allen, TX 75002 jmarcel@perdurepetro.com Dated: September 22. 2021