Document Dd3xGaO840Q4Vv2L1rYQEoDmn

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 1201 ELM STREET, SUITE 500 DALLAS, TEXAS 75270 The DOCKET May 30, 2023 TRANSMITTAL VIA EMAIL: Joe_Evans@kindermorgan.com Joe Evans Operations Supervisor Texas City Extraction Plant Kinder Morgan Energy Partners, L.P. P.O. Box 369 Texas City, Texas 77592 Re: Expedited Settlement Agreement (ESA) for Risk Management Program Findings and Proposed Penalty In the Matter of Kinder Morgan Energy Partners, L.P. Docket No. CAA 06-2023-3341 Dear Mr. Evans: The United States Environmental Protection Agency (EPA) has authority under Section 113 of the Clean Air Act (CAA) to pursue civil penalties for violations of the Section 112(r) Risk Management Program (RMP) regulations found at 40 C.F.R. Part 68. Enclosed is an ESA that addresses Kinder Morgan Energy Partners, L.P.'s failure to properly label piping for process equipment associated with the depropanizer reflux drum (V8-601) and piping segments leading to an associated terminal at the facility, as required by American National Standards Institute (ANSI)/American Society of Mechanical Engineers (ASME) Standard A13.1. for the facility located at 900 Grant Avenue, Texas City, Texas 77590, in accordance with requirements described in 40 C.F.R. 68.65(d)(2) of the enclosed RMP Findings. The ESA complies with the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of Permits 40 C.F.R. Part 22 (2002). The ESA contains a discounted, non-negotiable penalty amount of $600.00, which is lower than the amount that would be derived from EPA's Combined Enforcement Policy for Section 112(r) of the CAA. You may resolve the cited violation by submitting payment as directed below, certifying the violation has been corrected, and by signing and returning the ESA within 30 days of your receipt of this letter. EPA, at its discretion, may grant one 30-day extension for cause upon request. If you do not pay the penalty and return the ESA within 30 days of receipt, the ESA will be automatically withdrawn, without prejudice to EPA's ability to file an enforcement action for the cited violation which can result in penalties up to $55,808 per day per violation. 2 Upon execution of the document, EPA will take no further civil penalty action against you for the violation cited in the ESA. You are required in the ESA to certify that you have corrected the violation(s), provided a brief description of complying action(s), and paid the penalty. The payment for the penalty amount must be in the form of a certified check payable to the "Treasurer, United States of America", with the Docket Number of the ESA on the check. The Docket Number is located at the top of the ESA. Payment of the penalty amount shall be sent via certified mail to: U. S. Environmental Protection Agency Fines and Penalties Cincinnati Finance Center P. O. Box 979078 St. Louis, MO 63197-9000 Or by alternate payment method described at http://www.epa.gov/financial/makepayment. Please return the signed ESA with a copy of the payment via electronic mail to: flores.carlos@epa.gov. When signing the ESA, please indicate, in the appropriate space, the cost of all actions taken to correct the alleged violation. By terms of the ESA, and upon EPA's receipt of the signed ESA, you waive your opportunity for a hearing pursuant to Section 113 of the CAA. If you have any questions relating to this ESA, please contact Carlos Flores at (214) 665-7113 or by e-mail at flores.carlos@epa.gov. Sincerely, STEVEN THOMPSON Digitally signed by STEVEN THOMPSON Date: 2023.05.30 08:26:53 -05'00' Steve Thompson Manager Air Enforcement Branch Enclosure UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 1201 ELM STREET, SUITE 500 DALLAS, TEXAS 75270 23 JUN I 2 PM : 4 9 :1EG:oru,. hEAH!NG CLER!( EXPEDITED SETTLEMENT AGREEMENT (ESA) EPA REGION VI DOCKET N O: CAA 06-2023-3341 This ESA is issued to: Kinder Morgan Energy Partners, L.P. At: 900 Grant Avenue, Texas City, Texas 77590 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 Kinder Morgan Energy Pa11ners L.P. (Respondent) have agreed to a settlement of this action before filing of a complaint, and thus this action is simullaneously 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/fermination or Suspension of Pennits (Consolidated Rules), 40 C.F.R. Part 22. This ESA is an administrative action for the assessment of civil pcnallies instituted pursuant to Section I 13(d) of the Clean Air Act (CAA), 42 U.S.C. 7413(d). Pursuant to Section I 13(d) of the CAA, 42 U.S.C. 74 J 3(d), the Administrator and the Attorney General jointly determined that cases which meet the criteria set forth in the EPA's policiesI are appropriate for administrative penalty action. ALLEGED VIOLATION From February 28 - March 2, 2023, an authorized representative of the EPA conducted a compliance inspection of the Respondent's facility located in Texas City, Texas to determine compliance with the Risk Management Program (RMP) regulations promulgated at 40 C.F.R. Part 68 under Section I l 2(r) of the CAA, 42 U.S.C. 7412(r). The EPA found that Respondent had violated a RMP regulation and Section 112(r)(7) of the CAA, 42 U.S.C. 74 l 2(r)(7), as follows: I) 40 C.F.R. 68.65(d)(2) Process Safety Information - {d) Information pertaining to the equipment in the process. (2) The owner or operator shall document that equipment complies with recognized and generally accepted good engineering practices. SETTLEMENT In consideration of the factors set forth in Section I I 3(e) of the CAA, 42 U.S.C. 74 l 3(e), the criteria set forth in the EPA's policies 1, and upon consideration of the entire record, EPA and Respondent enter into this ESA to settle the violation, described above, for the total penalty amount of $600.00. This settlement is subject to the following terms and conditions: 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) 6/13/23