Document zQxdbN2bvYO11XNzx70RbvNOa

Region 6 Compliance Assurance and Enforcement Division INSPECTION REPORT Inspection Date(s): Media: Regulatory Program(s) April 12, 2018 Water (CWA) NPDES - Brine Company Name: Facility Name: Facility Physical Location: (city, state, zip code) Mailing address: (city, state, zip code) County/Parish: Facility Contact: Diamond 3S, LLC Kennedy 36.586969N, -96.498093W (NE Sect. 1, T 24N, R 7E) Pawhuska, Oklahoma 74056 20102 West Coyote Trail Sand Springs, Oklahoma 74063 Osage Joel Summers Joel Summers (918) 638-9306 FRS Number: Identification/Permit Number: Media Number: NAICS: SIC: N/A OKU000867 N/A 21111 1311 Personnel participating in inspection: Kent W. Sanborn EPA Region 6, 6EN-WR Environmental Engineer 918-557-1615 EPA Lead Inspector Signature/Date Supervisor Signature/Date Sanborn, Kent Digitally signed by Sanborn, Kent DN: cn=Sanborn, Kent, email=Sanborn.Kent@epa.gov Date: 2018.06.04 09:43:59 -05'00' Kent W. Sanborn GUY TIDMORE Digitally signed by GUY TIDMORE DN: c=US, o=U.S. Government, ou=USEPA, ou=Staff, cn=GUY TIDMORE, dnQualifier=0000012807 Date: 2018.06.18 11:29:37 -05'00' Guy Tidmore Date 18 JUN 2018 Date 6ENFORM-019-R7 (2/15/2017) 1 Section I - INTRODUCTION Diamond 3S, LLC/ Kennedy Inspection Date: April 12, 2018 PURPOSE OF THE INSPECTION EPA Region 6 inspector Kent W. Sanborn arrived at the Diamond 3S, LLC - Kennedy lease on the Kennedy near Pawhuska, Osage County, Oklahoma at about 2:00 PM on April 12, 2018 for an inspection. The inspection was initiated by a reported discharge of fluids into a nearby tributary of Daniel's Run Creek by Diamond 3S, LLC, and was a follow-up to inspections conducted March 16 and 20, 2018. The Bureau of Indian Affairs (BIA) in Pawhuska requested EPA assistance in addressing the discharge. There was not a company representative at the site during the inspection. The inspection was conducted under the authority of Section 308 of the Clean Water Act (CWA). The scope of the inspection was to determine if the facility was in compliance with CWA, including Section 301, and to identify and document discharges of produced wastewater (brine) to waters of the United States. FACILITY DESCRIPTION The origination point of discharge was a leaking injection well supply line connected to the well known as the Kennedy Number 3, EPA inventory OS 4349. The line was buried up to the well during the time of the inspection. The flow line was connected to the main tank battery on the Kennedy lease. The Kennedy Number 3 well was closed in, and the flow line had leaked fluids on or about March 16, 2018. The brine that leaked to the tributary of Daniel's Run Creek contaminated over an acre of soil along it's flow path between the leaking flow line and the tributary. The flow path became contaminated from this leak and the brine contaminated soil continues to seep brine into the tributary of Daniel's Run Creek. The entire pasture area between the well and the tributary was saturated with brine and has continued to seep to the tributary. Section II - OBSERVATIONS I arrived at the Diamond 3S, LLC, Kennedy lease at about 2:00 pm on April 12, 2018. I confirmed the discharge was seeping into the tributary of Daniel's Run Creek due to contaminated soil and a recent rainfall event. I observed one truck hauling water from the tributary for approximately two hours during the inspection. Photo 1 indicates the injection well sign located a few yards from the previous discharge point. The previous brine leak contaminated a large area of soil which was actively seeping into the tributary of Daniel's Run Creek. Photos 2 and 3 show the area along the flow path, downhill from the previous point of discharge, that was actively seeping during the inspection to the tributary of Daniel's Run Creek. The Total Dissolved Solids (TDS) in the tributary of Daniel's Run Creek was taken with a calibrated YSI Pro 30 Conductivity Meter at the point of entry and measured 83,783 mg/L (Photo 4). The first temporary dam is shown in Photo 5. TDS at this first dam, or Dam 1, was 33,526 mg/L (Photo 6). This first dam was also seeping brine downstream from the base of the dam. Downstream from Dam 1 (Photo 7) the tributary was full and flowing south. TDS of the tributary in Photo 7 was 62,811 mg/L (Photo 8). The tributary had fluids backed up behind the second dam, or Dam 2, shown in Photo 9. Water was flowing through the pipe (Photo 10) in the dam. TDS of the tributary at this location was 20,395 mg/L (Photo 11) at Dam 2. The tributary flowed south (Photo 12) towards the third temporary dam, or Dam 3. TDS in the tributary at the location shown in Photo 12 was 37,716 mg/L (Photo 13). The third dam, or Dam 3 was shown in Photo 14. TDS at that point was 23,587 mg/L (Photo 15). The 2 Diamond 3S, LLC/ Kennedy Inspection Date: April 12, 2018 affected tributary joined another branch of the Daniel's Run Creek flowing from the west as shown in Photo 16. TDS of the contaminated water at the confluence was 11,800 mg/L (Photo 17). I observed remains of a dead crayfish at the junction of the tributaries, shown in Photo 18. The tributary continued to flow south of Dam 3 (Photo 19). The upstream portion of the tributary, north of the discharge entry point where seepage had occurred, was shown in Photo 20. TDS upstream was 917 mg/L (Photo 21). Section III - AREAS OF CONCERN There continue to be elevated levels of TDS in the tributary and Daniel's Run Creek due to a previous spill and continued seepage from contaminated soils along the significantly large flow path. The brine continues to flow further downstream than documented in previous compliance inspections and is not being removed from the stream in effective amounts. I continued to observe contamination in the tributary and creek and along the flow path. The seepage from the large area of contaminated soil from a previous subsurface spill has continued to contaminate the area, including the tributary of Daniel's Run Creek and Daniel's Run Creek. Section IV - FOLLOW UP A follow up inspection will be conducted as needed. Section V - LIST OF APPENDICES Appendix 1 - Photo Log - 21 photos taken April 12, 2018. 3 Diamond 3S, LLC / Kennedy Inspection Date: 4/12/2018 Appendix 1 Photographic Log (21 photos) UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 1 Location: 36.586969N, -96.498093W (NE Sect. 1, T 24N, R 7E) City: Pawhuska County: Osage State: Oklahoma Photo File Name: Photo 1 (DSC_0029) Orientation: South Date of Photo: 04/12/2018 Time of Photo: 4:58 pm Latitude: 36.586969N Longitude: -96.498093W Photographer: K.W. Sanborn Description: This photo shows the sign for the Diamond 3S, LLC Kennedy #3 injection well, where a discharge originated from an injection flow line located about 20 yards east of this well head. The discharge occurred on or about March 14, 2018. The release contaminated a large area of soil, which continues to actively seep and was seeping during this inspection. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 2 Location: 36.586969N, -96.498093W (NE Sect. 1, T 24N, R 7E) City: Pawhuska County: Osage State: Oklahoma Photo File Name: Photo 2 (DSC_0031) Orientation: South Date of Photo: 04/12/2018 Time of Photo: 5:00 pm Latitude: 36.586514N Longitude: -96.499076W Photographer: K.W. Sanborn Description: Brine was seeping out of the hill side near Kennedy #3 injection well into the tributary of Daniel's Run Creek here. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 3 Location: 36.586969N, -96.498093W (NE Sect. 1, T 24N, R 7E) City: Pawhuska County: Osage State: Oklahoma Photo File Name: Photo 3 (DSC_0030) Orientation: Southwest Date of Photo: 04/12/2018 Time of Photo: 5:00 pm Latitude: 36.586514N Longitude: -96.499076W Photographer: K.W. Sanborn Description: The discharge and seepage from the hillside flowed to the tributary of Daniel's Run Creek and entered the tributary here. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 4 Location: 36.586969N, -96.498093W (NE Sect. 1, T 24N, R 7E) City: Pawhuska County: Osage State: Oklahoma Photo File Name: Photo 4 (DSC_0033) Orientation: South Date of Photo: 04/12/2018 Time of Photo: 5:02 pm Latitude: 36.586514N Longitude: -96.499076W Photographer: K.W. Sanborn Description: With a calibrated YSI Pro 30 Conductivity Meter I took Total Dissolved Solids (TDS) readings along the tributary. The TDS at the point of entry to the tributary of Daniel's Run Creek was 83,783 mg/L. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 5 Location: 36.586969N, -96.498093W (NE Sect. 1, T 24N, R 7E) City: Pawhuska County: Osage State: Oklahoma Photo File Name: Photo 5 (DSC_0002) Orientation: Southwest Date of Photo: 04/12/2018 Time of Photo: 2:22 pm Latitude: 36.586313N Longitude: -96.499364W Photographer: K.W. Sanborn Description: This photo shows the first dam, or Dam 1. during the inspection that had elevated levels of TDS. There were fluids on both sides of the dam UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 6 Location: 36.586969N, -96.498093W (NE Sect. 1, T 24N, R 7E) City: Pawhuska County: Osage State: Oklahoma Photo File Name: Photo 6 (DSC_0005) Orientation: Southwest Date of Photo: 04/12/2018 Time of Photo: 2:23 pm Latitude: 36.586313N Longitude: -96.499364W Photographer: K.W. Sanborn Description: TDS of the brine located at Dam 1 was 33,526 mg/L. of the dam during the inspection. There were fluids leaking out the base UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 7 Location: 36.586969N, -96.498093W (NE Sect. 1, T 24N, R 7E) City: Pawhuska County: Osage State: Oklahoma Photo File Name: Photo 7 (DSC_0006) Orientation: Southwest Date of Photo: 04/12/2018 Time of Photo: 2:24 pm Latitude: 36.585291N Longitude: -96.499880W Photographer: K.W. Sanborn Description: This photo shows the tributary of Daniel's Run Creek downstream of Dam 1. I observed bed and bank at this location of the tributary. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 8 Location: 36.586969N, -96.498093W (NE Sect. 1, T 24N, R 7E) City: Pawhuska County: Osage State: Oklahoma Photo File Name: Photo 8 (DSC_0007) Orientation: Southwest Date of Photo: 04/12/2018 Time of Photo: 2:24 pm Latitude: 36.585291N Longitude: -96.499880W Photographer: K.W. Sanborn Description: TDS of the location in the tributary of Daniel's Run Creek shown in Photo 7 was 62,811 mg/L. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 9 Location: 36.586969N, -96.498093W (NE Sect. 1, T 24N, R 7E) City: Pawhuska County: Osage State: Oklahoma Photo File Name: Photo 9 (DSC_0009) Orientation: Northeast Date of Photo: 04/12/2018 Time of Photo: 2:27 pm Latitude: 36.585146N Longitude: -96.500020W Photographer: K.W. Sanborn Description: I observed that water in the tributary was backed up behind Dam 2 here. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 10 Location: 36.586969N, -96.498093W (NE Sect. 1, T 24N, R 7E) City: Pawhuska County: Osage State: Oklahoma Photo File Name: Photo 10 (DSC_0011) Orientation: East Date of Photo: 04/12/2018 Time of Photo: 2:28 pm Latitude: 36.585146N Longitude: -96.500020W Photographer: K.W. Sanborn Description: I observed that brine in the tributary was flowing through the pipe in Dam 2. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 11 Location: 36.586969N, -96.498093W (NE Sect. 1, T 24N, R 7E) City: Pawhuska County: Osage State: Oklahoma Photo File Name: Photo 11 (DSC_0010) Orientation: South Date of Photo: 4/12/2018 Time of Photo: 2:28 pm Latitude: 36.585146N Longitude: -96.500020W Photographer: K.W. Sanborn Description: The TDS of the water in the tributary of Daniel's Run Creek at Dam 2 was 20,395 mg/L. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 12 Location: 36.586969N, -96.498093W (NE Sect. 1, T 24N, R 7E) City: Pawhuska County: Osage State: Oklahoma Photo File Name: Photo 12 (DSC_0012) Orientation: Southwest Date of Photo: 4/12/2018 Time of Photo: 2:32 pm Latitude: 36.584833N Longitude: -96.500620W Photographer: K.W. Sanborn Description: The tributary of Daniel's Run Creek, here, downstream of Dam 2 had bed and bank at this location. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 13 Location: 36.586969N, -96.498093W (NE Sect. 1, T 24N, R 7E) City: Pawhuska County: Osage State: Oklahoma Photo File Name: Photo 13 (DSC_0013) Orientation: West Date of Photo: 4/12/2018 Time of Photo: 2:33 pm Latitude: 36.584833N Longitude: -96.500620W Photographer: K.W. Sanborn Description: The TDS of the tributary of Daniel's Run Creek shown in Photo 12 was 37,716 mg/L. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 14 Location: 36.586969N, -96.498093W (NE Sect. 1, T 24N, R 7E) City: Pawhuska County: Osage State: Oklahoma Photo File Name: Photo 14 (DSC_0014) Orientation: Southwest Date of Photo: 4/12/2018 Time of Photo: 2:35 pm Latitude: 36.583809N Longitude: -96.502419W Photographer: K.W. Sanborn Description: The photo shows Dam 3. During the inspection, there was water flowing through the pipe downstream in Daniel's Run Creek. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 15 Location: 36.586969N, -96.498093W (NE Sect. 1, T 24N, R 7E) City: Pawhuska County: Osage State: Oklahoma Photo File Name: Photo 15 (DSC_0015) Orientation: South Date of Photo: 4/12/2018 Time of Photo: 2:35 pm Latitude: 36.583809N Longitude: -96.502419W Photographer: K.W. Sanborn Description: The TDS at Dam 3 was 23,587 mg/L. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 16 Location: 36.586969N, -96.498093W (NE Sect. 1, T 24N, R 7E) City: Pawhuska County: Osage State: Oklahoma Photo File Name: Photo 16 (DSC_0017) Orientation: South Date of Photo: 4/12/2018 Time of Photo: 2:36 pm Latitude: 36.583756N Longitude: -96.502481W Photographer: K.W. Sanborn Description: The Daniel's Run Creek meets another branch or tributary that flowed from the west shown in this photo. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 17 Location: 36.586969N, -96.498093W (NE Sect. 1, T 24N, R 7E) City: Pawhuska County: Osage State: Oklahoma Photo File Name: Photo 17 (DSC_0019) Orientation: South Date of Photo: 4/12/2018 Time of Photo: 2:37 pm Latitude: 36.583756N Longitude: -96.502481W Photographer: K.W. Sanborn Description: The TDS of the water after the confluence of the tributary and the creek combined was 11,800 mg/L. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 18 Location: 36.586969N, -96.498093W (NE Sect. 1, T 24N, R 7E) City: Pawhuska County: Osage State: Oklahoma Photo File Name: Photo 18 (DSC_0021) Orientation: Southwest Date of Photo: 4/12/2018 Time of Photo: 2:40 pm Latitude: 36.583756N Longitude: -96.502481W Photographer: K.W. Sanborn Description: A dead crayfish at the junction of the creek and the tributary of Daniel's Run Creek. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 19 Location: 36.586969N, -96.498093W (NE Sect. 1, T 24N, R 7E) City: Pawhuska County: Osage State: Oklahoma Photo file Name: Photo 19 (DSC_0021) Orientation: South Date of Photo: 4/12/2108 Time of Photo: 2:38 pm Latitude: 35.583756N Longitude: -96.502481W Photographer: K.W. Sanborn Description: This photo shows a view of the flowing creek, south of Dam 3. I observed bed and bank at this location. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 20 Location: 36.586969N, -96.498093W (NE Sect. 1, T 24N, R 7E) City: Pawhuska County: Osage State: Oklahoma Photo File Name: Photo 20 (DSC_0037) Orientation: North Date of Photo: 4/12/2018 Time of Photo: 5:06 pm Latitude: 36.587812N Longitude: -96.498510W Photographer: K.W. Sanborn Description: This photo shows a view of the tributary of Daniel's Run Creek upstream of the discharge entry point. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Photograph Log Photo No. 21 Location: 36.586969N, -96.498093W (NE Sect. 1, T 24N, R 7E) City: Pawhuska County: Osage State: Oklahoma Photo File Name: Photo 21 (DSC_0036) Orientation: North Date of Photo: 4/12/2018 Time of Photo: 5:05 pm Latitude: 36.587812N Longitude: -96.498510W Photographer: K. W. Sanborn Description: The TDS of the tributary upstream of the discharge entry point was 917 mg/L.