Document RpYNLLM9Ok0vwVM15dDj4d8YX

REGION 6 DALLAS, TX 75270 FILED 09 OCT 24 AM 09:48 REGIONAL HEARING CLERK EPA REGION 6 EXPEDITED SETTLEMENT AGREEMENT (ESA) DOCKET NO: CAA 06-2024-3370 This ESA is issued to: Delaware Basin Midstream LLC-Bones Condensate Stabilizer At: 8912 FM 2355, Barstow, Texas 79719 for violating Section 112(r)(7) of the Clean Air Act The United States Environmental Protection Agency (EPA), through it_s delegated official, the Director of t he Enforcement and Compliance Assurance Division, and Delaware Basin Midstream LLC-Bones Condensate Stabilizer (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 tha t cases which meet the criteria set forth in the EPA's policies1 are appropriate for administrative penalty action. ALLEGED VIOLATION On February 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 the EPA for its facility located in Barstow, Texas. 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. The EPA's review indicates that the update for the facility was not submitted by the required due date of January 26, 2023. The 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}{l) Updates The owner or operatorshall 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 ofsubmission. (b) The owner or operator ofa stationary source shall revise and update the RMP submitted under40 C.F.R. 68.150 asfollows (1) At least once everyfive years from the date ofits initial submission or most recent update required by paragraphs (b)(2) through (b)(l) ofthis section, whichever is later. 1 "Use ofExpedited 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 ofExpedited Settlements in Addressing Violations ofthe Clean Air Act Chemical Accident Prevention Provisions" (2013) 1 of 5