1. SECTION 1423(C) OF THE SAFE DRINKING WATER ACT ( SDWA ), 42 U.S.C. SECTION 300H-2(C). 2. PERFORMANCE PETROLEUM COMPANY LOREN SCHMIDT 1901 NEW STREET INDEPENDENCE, KANSAS 67301 FACILITY: OSAGE COUNTY, OKLAHOMA 3. RESPONDENT WAS IN VIOLATION OF 40 CFR SECTIONS 147.2909 AND 147.2912(A)(2) BY MAINTAINING INJECTION WELLS WITHOUT MECHANICAL INTEGRITY AND IN VIOLATION 0F 40 CFR SECTIONS 147.2909 AND 147.2911 BY FAILING TO COMPLY WITH CONSTRUC- TION REQUIREMENTS. 4. RELIEF SOUGHT PURSUANT TO SECTION 1423(C) OF THE SDWA, EPA IS PROPOSING AN ADMINISTRATIVE ORDER AND OPPORTUNITY TO REQUEST A HEARING THAT WOULD REQUIRE THE RESPONDENT TO PLUG THE WELLS ACCORDING TO REGULATIONS OR CONVERT INTO PRODUCTION. WELL NO. 5 TO PLUGGED OR CONVERTED WITHIN 30 DAYS OF THE EFFECTIVE DATE OF THE AO, AND WELL NO. 9 WITH IN 60 DAYS OF THE EFFECTIVE DATE OF THE AO. THE AO IS NOW IN THE RESPONDENT AND PUBLIC COMMENT PHASE. THE AO WILL BECOME EFFECTIVE WITHIN 30 DAYS OF THE PROPOSED AO DATE.