Document 2j9jx8QLgMrjNzXJGyG9E28y7

L REGION 6 DALLAS,TX 75270 b- Uf-' 25 AUG - I AN JO: 05 ER\ RE3ION VI EXPEDITED SETFLEMENT AGREEMENT (ESA) DOCKET NO: CAA-06-2025-3440 This ESA is issued to: Vaquero Midstream, LLC-Caymus Plant At: 3500 N. FM 1776, Coyanosa, TX 79730 for violating Section 112(r)(7) of the Clean Air Act The United States Environmental Protection Agency (EPA), through its delegated official, the Director of the Enforcement and Compliance Assurance Division, and Vaquero Midstream, LLC-Caymus Plant (Respondent) have agreed to a settlement of this action before filing a complaint, and thus this action is simultaneously commenced and concluded pursuant to Rules 22.13(b) and 22.18(b)(2) of the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of Permits (Consolidated Rules), 40 C.F.R. Part 22. This ESA is an administrative action for the assessment of civil penalties instituted pursuant to Section 113(d) of the Clean Air Act (CAA), 42 U.S.C. 7413(d). Pursuant to Section 113(d) of the CAA, 42 U.S.C. 7413(d), the Administrator and the Attorney General jointly determined that cases which meet the criteria set forth in EPA's policies' are appropriate for administrative penalty action. ALLEGED VIOLATION On November 6, 2023, EPA Risk Management Program Reporting Center sent a letter to Respondent, notifying Respondent of its failure to update the Risk Management Plan on file with EPA for its facility located at 3500 N. FM 1776, Coyanosa, TX 79730 (the "Facility"). Facilities subject to the Risk Management Program (RMP) regulations at 40 C.F.R. Part 68 are required to submit an updated Risk Management Plan at least once every five years. EPA's review indicates that the update for the Facility was not submitted by the required due date of October 11, 2023. EPA has found that Respondent violated the RMP regulation and Section 112(r)(7) of the CAA, 42 U.S.C. 7412(r)(7), as follows: 1) 40 C.F.R. 68.190(b)(1) Updates - The owner or operator shall review and update the RMP as specified in paragraph (b) of this section and submit it in the method andformat to the central point specified by EPA as of the date of submission. (b) The owner or operator of a stationary source shall revise and update the RMP submitted under 40 C.F.R. 68.150 as follows (1) At least once everyfive years from the date of its initial submission or most recent update required by paragraphs (b)(2) through (b)(7) of this section, whichever is later. 1 "Use of Expedited Settlements in Addressing Violations of the Clean Air Act Chemical Accident Prevention Provisions, 40 C.F.R. Part 68" (2004); and "Changes to Restrictions on the Use of Expedited Settlements in Addressing Violations of the Clean Air Act Chemical Accident Prevention Provisions" (2013). 1 of 5 Vaquero Midstream, LLC-Caymus Plant Docket No. CAA-06-2025-3440 SETFLEMENT Inconsideration of the factors set forth in Section 113(e) f the CM, 42 U.S.C. 7413(e), the criteria set forth in EPA's policies, and upon consideration of the ntire record, EPA and Respondent enter into this ESA to settle the violation, described above, for the I tal penalty amount of $2,000. This settlement is subject to the following Respondent, by signing below, waives any objections that admits nor denies the specific factual allegations containE the penalty as stated above. Respondent waives its rights of the CM, 42 U.S.C. 7413(d)(2)(A), to appeal this ESA, I or may have for this matter to be resolved in federal cour jury trial, and to any right to challenge the lawfulness oft party to this action shall bear its own costs and fees, if an' and criminal penalties for making a false statement to thc has corrected the violation listed above and will pay the f check made payable to the "Treasurer, United States of A it may have regarding jurisdiction, neither 1 herein, and consents to the assessment of to a hearing afforded by Section 113(d)(2)(A) ) any rights or defenses that Respondent has including but not limited to any right to a e final order accompanying this ESA. Each '.Respondent also certifies, subject to civil United States Government, that Respondent ill penalty of $2,000 by certified or cashier's rierica" and sent to: U.S. Environmental Protection Agency Fines and Penalties Cincinnati Finance Center P. 0. Box 979078 St. Louis, MO 63197-9000 or by alternate payment method described at The Docket Number of this ESA is CAA-06-2025-3440 and must be included on the payment. must be sent to: torres.julia@epa.gov. This payment should be made only after the ESA is completed and retu to you with signatures from both sides. Full payment of the ESA penalty shall only resolve Respoi above. The EPA does not waive any other enforcement a future violations under the CAA or any other statute. it's civil liability for the violation alleged n by EPA for any other past, present, or If the signed ESA is not returned to EPA Region 6 at the a Respondent within 30 days of the date of the receipt oft without prejudice to EPA's ability to file additional enfon this ESA. we e-mail address in correct form by s ESA, the proposed ESA is withdrawn, ment actions for the violation identified in This ESA is binding on EPA and Respondent and is upon filing with the Regional Hearing Clerk. 2 of 5 Vaquero Midstream, LLC-Caymus Plant Docket No. CM-06-2025-3440 EPA and Respondent agree to the use of electronic signatures for this matter. EPA and Respondent further agree to electronic service of this ESA, pursuant to 40 C.F.R. 22.6, by email to the following addresses: To EPA: torres.julia@epa.gov To Respondent: kimberly.landry@vagueromidstream.com 3 of 5 Vaquero Midstream, LLC-Caymus Plant Docket No. CAA-06-2025-3440 SIGNATURE BY RESPONDENT: Signature: Date: 7/22/2025 Name (print): Title (print) ESG & Regulatory Director Cost of Corrective Actions: $6,115.00 Respondent's Brief Description of Complying Action: Vaquero contracted with Edge Engineering to review an I prepare the Risk Management Plan (RMP) October 11, 2023. 1776 The updated RMP for the facility located at 3500 N. FM Coyanosa, Texas 79730, was resubmitted to the Central Data Exchange (CDX) on Junk 26, 2025. If you need additional space or would like to provide adc attach to this document. SIGNATURE BY EPA: luf J Digitally signed by CHERYL SEAGER Date: 2025.07.29 09:21:42 -0500 Cheryl T. Seager Director Enforcement and Compliance Assurance Division U.S. EPA, Region 6 supporting documentation, please It is so ORDERED. This Order shall become effective upon filing of the fully executed ESA Docket No. CAA-06-2025-3440 with the Regional Hearing Clerk. Ru cki, Thomas Date: 2025.08.01 10:13:51 -0400' Digitally signed by Rucki, Thomas Thomas Rucki Regional Judicial Officer 4 of 5 Vaquero Midstream, LLC-Caymus Plant Docket No. CAA-O6-2025-3440 CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing Expedited Settlement Agreement was filed with me, the Regional Hearing Clerk, U.S. EPA - Region 6, 1201 Elm Street, Suite 500, Dallas, Texas 752702102, and that I sent a true and correct copy on this day in the following manner to the email addresses: Copy via Email to EPA: torres.iulia@epa.gov Copy via Email to Respondent: kimberly.landry@vagueromidstream.com Kimberly Landry ESG & Regulatory Director Vaquero Midstream (832)757-5088 RUSSELL MU RDOCK Digitally signed by RUSSELL MURDOCK Date: 2025.08.01 09:57:56 -0500 Regional Hearing Clerk U.S. EPA, Region 6 5 of 5