Document omvVYMjap3jbZx37QzYXB38jo

tt).-tf sr-4 i ft u i 'C! ( PAO"- REGION 6 DALLAS, TX 75270 3/18/2024 EXPEDITED SETTLEMENT AGREEMENT (ESA) FILED 29 APR 24 AM 11:39 REGIONAL HEARING CLERK EPA REGION 6 DOCKET NO: CAA 06-2024-3327 This ESA is issued to: Enterprise GC LLC (EPCO) Texas City Terminal At: 700 14th St. South, Texas City, TX 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 Enterprise GC LLC (EPCO) (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 the EPA's policies1 are appropriate for administrative penalty action. ALLEGED VIOLATION From May 9-11, 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 112(r) of the CAA, 42 U.S.C. 7412(r). The EPA found that the respondent failed to properly label piping for process equipment, as required by American National Standards Institutes (ANSl)/American Society of Mechanical Engineers {ASME) Standard A13.l. The EPA found that Respondent had violated a RMP regulation and Section 112{r)(7) of the CAA, 42 U.S.C. 7412(r)(7), as follows: 1) 40 C.F.R. 68.65(d)(2) Process Safety Information - (d)(2) 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. 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) Digitally signed by Cheryl T. Seager Date: 2024.04.22 09:51:46 -05'00' THOMAS RUCKI Digitally signed by THOMAS RUCKI Date: 2024.04.26 12:07:13 -04'00' LORENA VAUGHN Digitally signed by LORENA VAUGHN Date: 2024.04.29 11:39:58 -05'00'