Document reqM9OywVZVBpQV3qaa35Mk1e

Region 6 - Enforcement & Compliance Assurance Division INSPECTION REPORT Inspection Date(s): Media Program: Regulatory Program(s) 10/10/2023 Water Clean Water Act - National Pollutant Discharge Elimination System Company Name: Facility Name: Facility Physical Location: (city, state, zip code) Mailing address: (city, state, zip code) County/Parish: Facility Phone Number Facility Contact: Katie Hurst Katie Hurst, Water Well 36.638695, -96.957352 Ponca City, Oklahoma, 74604 N/A N/A Osage County 1-580-628-1692 Katie Hurst Owner KHURST@HURSTCONSTRUCTION.net FRS Number: Identification/Permit Number: Media Identifier Number: NAICS: SIC: n/a OKU002192 n/a 211111 1311 Personnel participating in inspection: Matthew Allen EPA Region 6 ECDW Katie Hurst Landowner Tom Ashmore Osage Nation DNR Cameron Chesbro Osage Nation DNR Kara Brayfield Osage Nation DNR Inspector Inspector Inspector Lab Technician EPA Lead Inspector Signature/Date Supervisor Signature/Date MATTHEW ALLEN Date: 2023.10.23 11:59:00 -05'00' Digitally signed by MATTHEW ALLEN Matthew Allen Digitally signed by JEANNE JEANNE ECKHART ECKHART Date: 2023.10.23 15:01:14 -05'00' Jeanne Eckhart Date Date 6ENFORM-019-R8.2 (02/12/2020) 1 Section I - INTRODUCTION Katie Hurst / Water Well (CWA) Inspection Date 10/11/2023 PURPOSE OF THE INSPECTION EPA Region 6 inspector Matthew Allen arrived at the Katie Hurst water well (EPA ID No. OKU002192) at 2:30 PM on 10/11/2023 for an announced inspection. This was an EPA inspection in response to a citizen complaint which was received by EPA Region 6 through a referral from the BIA Osage Agency. The inspection was conducted by the authority of the Clean Water Act (CWA) to determine compliance with Environmental Protection Agency (EPA) regulations. Katie Hurst (landowner) was present and participated during the inspection. Osage Nation Department of Natural Resources inspectors Tom Ashmore, Cameron Chesbro, and Kara Brayfield were present at the time of the inspection. There was no other federal, state, or local agency representatives present at the time of the inspection. FACILITY DESCRIPTION EPA conducted an inspection at a hand dug water well located on a working cattle ranch approximately 10 miles southeast of Ponca City, Oklahoma in Osage County, Oklahoma. The facility is generally unmanned but is visited daily by a ranch employee. The inspection centered on a water well located near the south border of the property which the landowner stated had been contaminated by diesel fuel. There were water troughs, miscellaneous farm equipment, a large agricultural building and an above ground fuel storage tank all located within approximately 100 feet of the water well. The facility was protected by a closed but unlocked gate. Section II - OBSERVATIONS I observed the concrete and metal housing which contained the hand dug water well. The owner stated the well was approximately 5-6 feet in diameter and they were uncertain about the depth of the well. The water well structure can be seen in photo No. 1 of Appendix 1 (photo log) which is attached to this report. GPS and other metadata are also available in the photo log. I observed a round 6-8-foot diameter water trough immediately adjacent to the water well. The landowner stated the water trough had been filled from the water well, and at the time of the inspection the water trough had a layer which looked, felt, and smelled like diesel fuel, approximately to inch in depth floating atop the water in the trough. The trough and presumed diesel layer can be seen in photos No. 2 & 3. The owner stated there were two additional water troughs on the property which were supplied by the same well and they both contained the same diesel-like contaminant floating atop the water. The owner stated the diesel fuel appeared on the water troughs beginning the morning of October 9, 2023 and was initially red in color. 2 Katie Hurst / Water Well (CWA) Inspection Date 10/11/2023 I observed the water well pumping water into a 5-gallon bucket during the inspection. The water coming from the well had a strong smell of diesel fuel and when the water was allowed to rest for a few moments in the bucket, a film of the contaminant formed on top of the water. During the inspection, the landowner stated there were three pipelines within approximately mile of the facility, one owned by Conoco Phillips which could possibly transport diesel fuel, one owned by Magellan which does not transport diesel, and one owed by Superior which does not transport diesel. Prior to the inspection, the landowner had reached out to all three pipeline companies, and all three had responded. ConocoPhillips sent an employee to the impacted well, but the employee stated the diesel did not come from their pipeline. During the inspection, an employee of the ranch presented a video on his cell phone and stated it was red dye diesel being pumped out of the water well. The video was recorded October 9, 2023. During the inspection, the Osage Nation DNR lab technician collected a grab sample from water which was being pumped from the contaminated well. At the time of this report, the results for the sample were not available. Section III - AREAS OF CONCERN The primary area of concern was the presumed diesel fuel which was present in the water well. At the time of the inspection there were no immediate indicators observed for a possible source of the contamination. Section IV - FOLLOW UP EPA Inspector will continue to cooperate with the landowner as well as tribal and state partners to try and identify the source of the contamination. EPA inspector will provide this inspection report to the EPA management team for possible referral to the EPA Criminal Investigation Division. Section V - LIST OF APPENDICES Appendix 1 - Photo Log - 3 photos taken 10/11/2023. 3 Katie Hurst/ Water Well (OKU002192) Inspection Date: 10/11/2023 Appendix 1 Photograph Log 3 Photos UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: 36.638695, -96.957352 City: Ponca City Photo No. 1 County/Parish: Osage State: Oklahoma Photo File Name: R0010220 Orientation: WSW Date of Photo: 10/11/2023 Time of Photo: 2:31PM Latitude: 36.63867 Longitude: -96.95726 Photographer: Matthew Allen Description: This was a photo of the structure which housed the hand dug water well. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: 36.638695, -96.957352 City: Ponca City Photo No. 2 County/Parish: Osage State: Oklahoma Photo File Name: R0010221 Orientation: WSW Date of Photo: 10/11/2023 Time of Photo: 2:32PM Latitude: 36.63864 Longitude: -96.95724 Photographer: Matthew Allen Description: This was the water trough immediately adjacent to the contaminated water well. At the time of the inspection there was an estimated to inch thick layer which appeared to be diesel fluid floating atop the water in the trough. There was a strong smell of diesel fuel at the water tank. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Location: 36.638695, -96.957352 City: Ponca City Photo No. 3 County/Parish: Osage State: Oklahoma Photo File Name: R0010222 Orientation: NA Date of Photo: 10/11/2023 Time of Photo: 2:32PM Latitude: 36.63863 Longitude: -96.95726 Photographer: Matthew Allen Description: This was a photo of the diesel-like floating in the water trough. The yellow/brown color was an emulsion layer where the water and presumed diesel fluid met in the trough. The landowner stated this layer of diesel was red at the time of discovery on October 09, 2023.