Document v6vwrJDGLLgEnxnOdGaQzKQaY

To: Ford, Hayiey[ford.hayley@epa.gov] Cc: Hupp, Millan[hupp.millan@epa.gov] From: Conover, Dave Sent: Tue 12/5/2017 5:19:26 PM Subject: Kinder Morgan meeting with Administrator Pruitt KM EPA Administrator Meeting - Talking points 2017 12 05.pdf Here is the deck we'll be speaking to on Thursday. I will contact Cheryl Woodward separately re logistics. Thanks! From: Ford, Hayley [mailto:ford.hayley@epa.gov] Sent: Monday, November 27, 2017 4:43 PM To: Conover, Dave Cc: Hupp, Millan Subject: RE: Requesting a meeting with Administrator Pruitt [This email message was received from the Internet and came from outside of Kinder Morgan] Perfect thanks! Yes if you could send that in advance, that would be helpful. Is it ready now or do you need time to prepare? Hayley Ford Deputy White House Liaison and Personal Aide to the Administrator Environmental Protection Agency ford.havlev@epa.gov Phone: 202-564-2022 Cell: 202-306-1296 17cv01906 Sierra Club v. EPA ED 001523B 00002231-00001 From: Conover, Dave ImailtoiPave.Conover@kindemiorgan.com1 Sent: Monday, November 27, 2017 5:37 PM To: Ford, Hayley <ford.havlev@epa. gov> Cc: Hupp, Millan <faupp.millao@epa.gov>; Woodward, Cheryl <Woodward.Cberyl@.epa.gov> Subject: RE: Requesting a meeting with Administrator Pruitt Yes, those are still our issues. Attendees are: Larry Huddleston, Vice President-Commercial Dirk Cockrum, Vice President-Environment, Safety and Health Tom Hutchins, Vice President-Environment, Safety and Health Dave Conover, Vice President-Corporate Communications/Public Affairs We will have a brief desktop presentation to guide the conversation. Would it be helpful to email that in advance? Thanks again and best wishes, Dave Dave Conover Vice President, Corporate Communications & Public Affairs KINDER MORGAN 1001 Louisiana St. Houston, TX 77002 (713) 369-9407 -direct (202) 445-5340 mobile dave.conover@kindermorgan.com 17cv01906 Sierra Club v. EPA ED 001523B 00002231-00002 Kinder Morgan, Inc. (NYSE: KM1) is one o f the largest energy' infrastructure companies in North America. It owns an interest in or operates approximately 84,000 miles o fpipelines and 155 terminals. KMI's pipelines transport natural gas, refined petroleum products, crude oil, condensate, C02 and other products, and its terminals transload and store petroleum products, ethanol and chemicals, and handle steel, petroleum coke, and other products. It is also a leadingproducer o f CO2 that we and others use for enhanced oil recovery projects primarily in the Permian basin. For more information please visit www.kindermorgan. com. The information in this email may be confidential and/or privileged. This email is intended to be reviewed by only the individuals) or organization(s) named above. I f you are not the intended recipient or an authorized representative o f the intended recipient, you are hereby notified that any review, dissemination or copying o f this email and its attachment, if any, or the information contained herein is prohibited. I f you received this email in error please immediately notify the sender by return email and delete this emailfrom your system. From: Ford, Hayley [mailto:ford.havlev@epa.qovl Sent: Monday, November 27, 2017 4:25 PM To: Conover, Dave Cc: Hupp, Millan; Woodward, Cheryl Subject: RE: Requesting a meeting with Administrator Pruitt [This email message was received from the Internet and came from outside of Kinder Morgan] Hi Dave, Great! Yes, can you provide a list of attendees who will be coming with you, along with their titles? We will make sure security has their names for an expedited arrival. Additionally, have your topics of interest changed since your original request? I've listed below what you previously sent. Just to set expectations, the meeting will be 30 minutes, so wanted to confirm your top issues that you'd like to discuss with the Administrator. We'd be happy to follow up with any others post- 17cv01906 Sierra Club v. EPA ED 001523B 00002231-00003 meeting at a staff level. NSPS 0 0 0 0 a rule-making Superfund cleanup sediment policy American Burying Beetle/ESA issue and its impact on the oil and gas sector EPA participation in FERC-led natural gas project permitting NEPA analyses I've also copied Cheryl Woodward on this message who can send you arrival details. Thank you and we look forward to your visit! Hayley Ford Deputy White House Liaison and Personal Aide to the Administrator Environmental Protection Agency ford.havlev@epa.gov Phone: 202-564-2022 Cell: 202-306-1296 From: Conover, Dave lmailto:Dave.Conover@kindemiorgan.coml Sent: Monday, November 27, 2017 4:31 PM To: Ford, Hayley <rord.faayley@epa.gov> Cc: Hupp, Millan <hupp.millan@epa.gov> Subject: RE: Requesting a meeting with Administrator Pruitt Thank you, Hayley, we will be happy to meet with Administrator Pruitt on December 7 at 4:45. Do you need anything further from me? 17cv01906 Sierra Club v. EPA ED 001523B 00002231-00004 Dave Conover Vice President, Corporate Communications & Public Affairs KINDER MORGAN 1001 Louisiana St. Houston, XX 77002 (713) 369-9407 -direct (202) 445-5340 mobile dave.conover@kindermorgan.com Kinder Morgan, Inc. (NYSE: KMT) is one o f the largest energy' infrastructure companies in North America. It owns an interest in or operates approximately 84,000 miles o fpipelines and 155 terminals. KMT's pipelines transport natural gas, refined petroleum products, crude oil, condensate, C02 and other products, and its terminals transload and store petroleum products, ethanol and chemicals, and handle steel, petroleum coke, and other products. It is also a leadingproducer o f C02 that we and others use for enhanced oil recovery projects primarily in the Permian basin. For more information please visit www.kindermorgan. com. The information in this email may be confidential and/or privileged. This email is intended to be reviewed by only the individual(s) or organization(s) named above. I f you are not the intended recipient or an authorized representative o f the intended recipient, you are hereby notified that any review, dissemination or copying o f this email and its attachment, if any, or the information contained herein is prohibited. I f you received this email in error please immediately notify the sender by return email and delete this email from your system. From: Ford, Hayley [mailto:ford.havlev@epa.qovl Sent: Monday, November 27, 2017 2:39 PM To: Conover, Dave Cc: Hupp, Millan Subject: RE: Requesting a meeting with Administrator Pruitt 17cv01906 Sierra Club v. EPA ED 001523B 00002231-00005 [This email message was received from the Internet and came from outside of Kinder Morgan] Hello Dave, I apologize for the delay in responding to your initial request, but I would be happy to set up a meeting with Administrator Pruitt at our EPA Headquarters in DC. This may be late notice, but we could do the meeting at 4:45PM next Thurs, Dec 7. Would that work for your group? Thank you and I look forward to hearing back! Hayley Ford Deputy White House Liaison and Personal Aide to the Administrator Environmental Protection Agency ford.havlev@epa.gov Phone: 202-564-2022 Cell: 202-306-1296 From: Conover, Dave [mailto:Dave.Conover@kindemiorgan.coml Sent: Tuesday, November 7, 2017 9:57 AM To: Ford, Hayley <ford.haylev@epa.gov>; Hupp, Millan <hupp.millan@epa.gov> Cc: Ferguson, Lincoln <ferguson.lincoln@epa.gov> Subject: RE: Requesting a meeting with Administrator Pruitt Good morning! Just wanted to follow up on this request to see if there's any possibility for a meeting this month or next with Administrator Pruitt. My original request was for next week, but obviously we will attend at the Administrator's convenience. Just to remind, I am making the ask on behalf of our Tulsabased Midstream Commercial Vice President, Larry Huddleston and two of our Vice Presidents for Environment, Safety and Health, Dirk Cockrum and Tom Hutchins. The topics for discussion on our side 17cv01906 Sierra Club v. EPA ED 001523B 00002231-00006 would be the NSPS OOOOa rule-making, Superfund cleanup sediment policy, the American Burying Beetle/ESA issue and its impact on the oil and gas sector, and EPA participation in FERC-led natural gas project permitting NEPA analyses. As one of the largest energy infrastructure companies in North America, we would also be happy to discuss anything on the Administrator's mind. Thank you for your consideration and I look forward to hearing from you. Best wishes, Dave Dave Conover Vice President, Corporate Communications & Public Affairs KINDER MORGAN 1001 Louisiana St. Houston, TX 77002 (713) 369-9407 -direct (202) 445-5340 mobile dave.conover@kindermorgan.com Kinder Morgan, Inc., owns an interest in or operates approximately 84,000 miles o fpipelines and 155 terminals. KMI's pipelines transport natural gas, refinedpetroleum products, crude oil, condensate, C02 and other products, and its terminals transload and store petroleum products, ethanol and chemicals, and handle such products as steel, coal andpetroleum coke. It is also a leadingproducer o f C02 that we and others usefor enhanced oil recovery projects primarily in the Permian basin. For more information please visit www. kindermorgan. com. The information in this email may be confidential and/or privileged. This email is intended to be reviewed by only the individual(s) or organization(s) named above. I f you are not the intended recipient or an authorized representative o f the intended recipient, you are hereby notified that any review, dissemination or copying o f this email and its attachment, if any, or the information contained herein is prohibited. I f you received this email in error please immediately notify the sender by return email and delete this emailfrom your system. 17cv01906 Sierra Club v. EPA ED 001523B 00002231-00007 From: Conover, Dave Sent: Wednesday, November 01,2017 8:33 AM To: 'Letendre, Daisy'; Ford, Hayley; Hupp, Millan Cc: Ferguson, Lincoln Subject: RE: Requesting a meeting with Administrator Pruitt Thank you, Daisy. I had not yet reached out to Mandy but will do so today. Hayley and Milan, please call if I can provide any more information about this meeting request. We can be available virtually any time beginning the week of 13 November except the 29thand 30th. The executive who would be flying in from Tulsa is not available then. Thank you! Best wishes, Dave Dave Conover Vice President, Corporate Communications & Public Affairs KINDER MORGAN 1001 Louisiana St. Houston, TX 77002 (713) 369-9407 -direct (202) 445-5340 mobile dave.conover@kindermorgan.com The information in this email may be confidential and/or privileged. This email is intended to be reviewed by only the individual(s) or organization(s) named above. I f you are not the intended recipient or an authorized representative o f the intended recipient, you are hereby notified that any review, dissemination or copying o f this email and its attachment, if any, or the information contained herein is 17cv01906 Sierra Club v. EPA ED 001523B 00002231-00008 prohibited. I f you received this email in error please immediately notify the sender by return email and delete this emailfrom your system. From: Letendre, Daisy [mailto:ietendre.daisv@epa.aovl Sent: Wednesday, November 01,2017 8:25 AM To: Conover, Dave; Ford, Hayley; Hupp, Millan Cc: Ferguson, Lincoln Subject: RE: Requesting a meeting with Administrator Pruitt [This email message was received from the Internet and came from outside of Kinder Morgan] Hayley and Milan - 1wanted to flag this meeting request from Dave Conover at Kinder Morgan (also on the email.) I believe that Dave has reached out separately to Mandy as this is in her wheelhouse but either way I wanted to connect the dots. Thanks all! Daisy From: Conover, Dave Sent: Monday, October 30, 2017 12:15 PM To: 'Jackson, Ryan' Subject: Requesting a meeting with Administrator Pruitt Hello Ryan, I apologize for bothering you with this, but am unsure who the right person to contact is. We wish to request a meeting with Administrator Pruitt during the week of November 13, if possible, on behalf of our Tulsa-based Midstream Commercial Vice President, Larry Huddleston, our Vice President for Environment, Safety and Health, Tom Hutchins, and myself. The topics for discussion on our side would be the NSPS OOOOa rule-making, Superfund cleanup sediment policy, the American Burying Beetle/ESA issue and its impact on the oil and gas sector, and EPA participation in FERC-led natural gas project permitting NEPA analyses. As one of the largest midstream companies in North America, we 17cv01906 Sierra Club v. EPA ED 001523B 00002231-00009 would also be happy to discuss anything on the Administrator's mind. I know you know KMI, but for the scheduling office, below is a brief description. Thank you for your consideration of this request. Best wishes, Dave Kinder Morgan, Inc., owns an interest in or operates approximately 84,000 miles of pipelines and 155 terminals. KMI's pipelines transport natural gas, refined petroleum products, crude oil, condensate, C02 and other products, and its terminals transload and store petroleum products, ethanol and chemicals, and handle such products as steel, coal and petroleum coke. It is also a leading producer of C02 that we and others use for enhanced oil recovery projects primarily in the Permian basin. For more information please visit www.kindemiorgan.com. Dave Conover Vice President, Corporate Communications & Public Affairs KINDER MORGAN 1001 Louisiana St. Houston, TX 77002 (713) 369-9407-direct (202) 445-5340 mobile dave.conover@kindermorgan.com The information in this email may be confidential and/or privileged. This email is intended to be reviewed by only the individual(s) or organization(s) named above. I f you are not the intended recipient or an authorized representative o f the intended recipient, you are hereby notified that any review, dissemination or copying o f this email and its attachment, if any, or the information contained herein is prohibited. I f you received this email in error please immediately notify the sender by return email and delete this emailfrom your system. 17cv01906 Sierra Club v. EPA ED 001523B 00002231-00010 KINDEFUMORGAN December 7, 2017 Meeting with EPA Administrator 17cv01906 Sierra Club v. EPA ED 001523B 00002232-00001 Unparalleled Asset Footprint kindei^ morqan O ne of the Largest Energy Infrastructure Com panies in North A m erica Largest natural gas transmission network in North America -- Own or operate ~7Q,QQQ miles of natural gas pipeline -- Connected to every important natural gas resource play in the U.S, Largest independent transporter of petroleum products in North America -- Transport ~2.1 MMBbtM Largest transporter of C02in North America -- Transport ~1.3 Bcf/d of C02 Largest independent terminal operator in North America -- Own or operate ~155 terminals 152 MMBbls liquids capacity -- Handle ~53 MMtons of dry bulk products -- Own 16 Jones Act vessels Only Oilsands pipeline serving the West Coast -- Transports ~3QQ MBbl/d to Vancouver Washington State; planned expansion takes capacity to 890 MBbl/d o o X* LNG TERMINALS 17cv01906 Sierra Club v. EPA S .. IE TERMINALS 'RANSM'X PACO i- E S A CRUDE / LIQUIDS PIPELINES CRUDE / LIQUIDS PIPELINE TERMINALS C 02 PIPELINES CQ2 SOURCE FIELDS C 02 OIL FIELDS A .H r TERMINALS JONES ACT TANKERS KM HEADQUARTERS ED 001523B 00002232-00002 KINDE U.S. EPA-O il & Gas Emission Standards nsps ocmm ORGAN m KHl Supports and Plans to Comment on the Notice of Data Availability Delay of Repair Requiring repairs and replacement of leaking components after unscheduled and emergency vent blowdowns and compressor station shutdowns is not feasible in many cases for safe and reliable pipeline operations KM supports the proposed language developed by 1NGAA and GPA Midstream LDAR requirement should be Annual for Compressor Stations Consistent with GHGRP Subpart W requirements KM data indicates benefits of LDAR do not increase with increased frequency of inspection 17cv01906 Sierra Club v. EPA 3 ED 001523B 00002232-00003 American Burying Beetle Impact to current process Environmental issue Holding up midstream and upstream projects Agency coordination Pending delisting petition status Lawsuit pending Permitting Process Habitat Management Plan Overly broad Buying credits is only way to comply Lengthy, costly process Requested Policy Changes Delist or put specific guidance out for staff 17cv01906 Sierra Club v. EPA 4 ED 001523B 00002232-00004 KINDERMORGAN EPA should participate in NEPA process reflecting National Policy. National Policy is to support energy infrastructure to increase production of fossil fuels. ERA should be a constructive participant as a cooperating agency in scoping; commenting internally on non-public drafts and then filing supporting comments of the draft and final NEPA documents recognizing a pro-growth national policy. EPA should insist that states with delegated EPA statutory authority implement that authority consistent with the National Policy of supporting energy infrastructure and development of fossil fuels. EPA should enforce clear deadlines to issue requested permits under the Clear Air Act, the Clean Water Act and other statutory or regulatory programs. 17cv01906 Sierra Club v. EPA 5 ED 001523B 00002232-00005 KINDE ORGAN Superfund/CERCLA -Sediment Cleanup Interpretation and Implementation Issues EPA not following detailed Sediment Guidance consistently at "mega" sediment sites. Sediment Guidance includes: "Principles of Managing Contaminated Sediment Risks at Hazardous Waste Sites", EPA Feb. 12, 2002;and Office of Land and Emergency Management (OLEM) Directive 9200.1-130, Jan. 9, 2017; EPA has not appliedAdaptive Management principles in remedy selection process. Included in Sediment Guidance and intended to be used at complex sediment sites. Application would result in reduction in RI/FS process scope and length, acceleration of remedy selection and implementation, and performance monitoring. Massive and intrusive dredging remedies cannot be the standard remedy. Source control and background contamination must be addressed as critical to remedy selection. EPA does not applyCERCLA, the NCP and Agency Guidance uniformly across all regions. CERCLA/NCP require remedies be "cost effective" = cost of remedy proportional to its effectiveness. Enforce the recommendations of the EPA Superfund Task Force (July 2017) Only use CERCLA for the protection of human, health and environment. Example - Requiring navigational dredging as part of remedy for Lower Passaic (estimated to be 30% of the ROD implementation costs). Potentially Responsible Party (PRP) Matters Must consistently use EPA mechanisms for ID of all PRPs, orphan share funding, enforcement of recalcitrant PRPs, and ending special settlements with government, municipal or quasi-government. Elevate decisions in dispute resolution to AA of OLEM from Region's Superfund Director. 17cv01906 Sierra Club v. EPA 6 ED 001523B 00002232-00006 KINDERMORGAN Detailed Backup and Additional Issues 17cv01906 Sierra Club v. EPA 7 ED 001523B 00002232-00007 KINDER^M ORGAN U.S. EPA-O il & Gas Emission Standards Delay of Repair: 1NGAA/GPA Midstream Proposed Language fix 60.5397a(h)(2) If the repair or replacement is technically infeasible, would require a vent blowdown, a compressor station shutdown, a well shutdown or well shut-in, or would be unsafe to repair during operation of the unit, the repair or replacement must be completed during the next scheduled compressor station shutdown for maintenance, well shutdown, well shut-in, after an unscheduled, planned or emergency vent blowdown or within 2 years, whichever is earlier. Delay of repair will be allowed beyond the next scheduled compressor station shutdown for maintenance if fa) replacement parts cannot be acquired before the next scheduled shutdown for maintenance or (b) the delay is attributable to other good cause that makes a sooner repair impracticable and/or would lead to excess emissions. The operator must document: the location and nature of the leak, the date the leak was added to the delay of repair list, the basis for delaying the repair, the date replacement parts were ordered, the vendor providing the parts, and the anticipated delivery date. Replacement parts must be promptly ordered after determining it is necessary to delay the repair and the repair must be completed within 30 business days of receipt of the replacement parts, during the next scheduled maintenance shutdown after the parts are received if the repair requires a shutdown, or within 30 business days after the cause of delay ceases to exist. Duplicative of GHGRP Subpart W Requirements OOOOa and GHGRP Subpart W requirements are duplicative and EPA further complicated Subpart W reporting for OOOOa sources. KM requests OOOOa and GHGRP data collection and reporting be streamlined. Specifically, if a source reports under OOOOa, then forego reporting GHGRP data into EGGRT. 17cv01906 Sierra Club v. EPA 8 ED 001523B 00002232-00008 KINDE ORGAN U.S. EPA- O il & Gas Emission Standards 11 Modification to a Compressor Station Definition Causes confusion when work is done on compressors. Compressors do not have horsepower ratings 60.5365a(j) The collection of fugitive emissions components at a compressor station, as defined in 60.5430a, is an affected facility. For purposes of 60.5397a, a " modification" to a compressor station occurs when: (1) An additional compressor is installed at a compressor station; or (2) One or more compressors at a compressor station is replaced by one or more compressors of greater total horsepower than the compressor(s) being replaced. When one or more compressors is replaced by one or more compressors of an equal or smaller total horsepower than the compressor(s) being replaced, installation of the replacement compressor(s) does not trigger a modification of the compressor station for purposes of 60.5397a. If EPA retains a similar modification definition, clarify the intent Other technical issues - Examples include: Leak Thresholds Final rule allows for Method 21 @ 500 ppm as a threshold Cubic Feet/minute leak rate would preferred; threshold should be based on latest research Third Party Ancillary Equipment: LDAR scope should be limited to the collection of fugitive emission components at well sites or compressor stations which are owned, operated, or leased by the producer or compressor station owner/operator. Conflicting resurvey timeframe requirements in 60.5397a(h)3 and 60.5397a(h)3i: Suggested language: 60.5397a(h)3 Each repaired or replaced fugitive emissions component must be resurveyed as soon as practicable, but no later than 30 days after being repaired, to ensure that there are no fugitive emissions. (i) For repairs that cannot be made during the monitoring survey when the fugitive emissions are initially found, the operator may resurvey the repaired fugitive emissions components using either Method 21 or optical gas imaging within 30 days of finding such fugitive emissions 17cv01906 Sierra Club v. EPA 9 ED 001523B 00002232-00009 KINDER MORGAN National Ambient Air Quality Standards (NAAQS) AERHOD and One-Hour NAAQS Issues (N02, S02) The current model is not capable of demonstrating compliance with 1 hr standard. The model over predicts for low stacks. ERA should issue a guidance to states and regulated community to not require one-hour modeling until the model is fixed. Support existing coordination between Pipeline Research Council International (PRCI), INGAA and EPA presenting fixes to EPA. NAAQS Reform presented in 10/25/2017 response to EO 13783 KM supports EPA reform efforts on NAAQS. Concerns with the timing of implementations of NAAQS within the required 5 year review period. Within 5 year review period, often technology does not exist to comply with lower standard. The frequency of NAAQS revisions result in overlapping requirements to be implemented in a short time frame, resulting in uncertainty for planned and permitted facilities. Frequent revisions of standards result in a backlog of SIPs to be reviewed and delays SIP approval by EPA. https://www.epa.gov/sites/production/files/2017-10/documents/eo-13783-final-report-10-25-2017.pdf 17cv01906 Sierra Club v. EPA ED 001523B 00002232-00010 KINDE ORGAN ERA Regulations should Adhere to Plain Writing Act xJ xJ Plain Writing Act of 2010 Requires clear government communication that the public can understand and use E .0 .13563 states [our regulatory system] must ensure that regulations are accessible, consistent, written in plain language, and easy to understand EPA should apply plain language requirements to air quality regulations for guidance KM takes compliance very seriously When regulations are written in an overly complicated fashion, operators are vulnerable to enforcement due to interpretation nuances even when they are committed to doing the right thing Making regulations difficult to understand is counterproductive Examples where EPA has not adhered to this law 40 CFR Part 63 Subpart ZZZZ compliance requirements for reciprocating engines differ dependent on specific makes/models/dates of engines EPA and operators have had to develop several documents to guide compliance. The guidance itself is difficult to follow KM recommends streamlining rules to the extent possible, especially in cases where the complexity outweighs any environmental benefit Plain Writing Act of 2010 (October 13. 2010) Executive Order 13563 - Improving Regulation and Regulatory Review (January 18. 2011) https://www.epa.aov/stationarv-enaines/implementation-tools-neshap-reciprocatinq-internal-combustion-enqines 17cv01906 Sierra Club v. EPA 1 ED 001523B 00002232-00011 KINDER ORGAN Start up, Shut down and Malfunction emissions EPA should withdraw the startup, shutdown, malfunction (SSM) SIP Call. EPA should revisit actions taken in response to a 2008 Court decision and broadly implement work practice standards for SSM events. The SIP Call was not based on a finding of air quality impacts or that the removal of the SSM exemption would enable meeting air quality standards. EPA should develop regulations that broadly implement work practices during SSM events for NSPS and NESHAPs for combustion sources. EPAshouId document the emission standard compliance limitations associated with the original rulemaking for NSPS and NESHAPs. If EPA does not establish work practices during SSM, then amend the regulations to define emission standards that can be achieved during an SSM event,. Proposed amendments to Start up, Shut Down and malfunction were moved to the inactive regulatory agenda July 20, 2017. Longer than 12 months for regulatory action. Sierra Club v, Envtl. Prot. Agency, 551 F.3d 1019. 1021 (D.C. Cir. 2008). EPA Docket ID EPA-HQ-QAR-2012-0322-0477 17cv01906 Sierra Club v. EPA ED 001523B 00002232-00012 KINDERXMORGAN EPA's Once in always in policy Remove the 1995 Once in always in policy ERA proposed to codify an alternative approach in January 2007, but did not issue a final rule. The 1995 memo should be withdrawn and replaced with a new policy that allows a major source to become an area source at any time. ERA should revisit codifying an alternative to the 1995 memorandum which discourages owners and operators from reducing HAP emissions from existing sources because a major HAP source retains major source status even if emissions are decreased below major source thresholds. The opportunity to become a minor source provides owners and operators the ability to reduce regulatory burdens and incentivizes companies to reduce HAP emissions. Proposed amendments to the General Provisions to the NESHAP to replace the 1995 Once in Always In Policy were moved to the inactive regulatory agenda July 20, 2017. Longer than 12 months for regulatory action. Memo from John S. Seitz, Director, EPA OAQPS, to Regional Offices, regarding Potential to Emit for MACT Standards- Guidance on Timing Issues (May 16, 1995) 72 Fed. Rea. 69 (Jan. 3. 2007) 17cv01906 Sierra Club v. EPA ED 001523B 00002232-00013 American Burying Beetle KINDE RzMORQAN Project permitting requires an Incidental Take Permit (IIP) through the Oil and Gas Industry Conservation Plan (ICP) The ICP requires Individual Project Packages containing: Species Assessment and Mitigation Calculations; ABB Survey Information; IPaC Results; Maps and Description of Area of IPP Approval; ICP Implementation Funding; and Mitigation Funding. Mitigation funding can add $16.35 per linear foot to a pipeline project Permit processing takes 45-60 days Requested Policy Changes if no Delisting USFWS respond within 2 weeks to the permittee providing the name and contact information of the permit manager USFWS act within 30 days to request additional information USFWS adhere to a 30-day deadline for final permit action (to run concurrently with the 30-day timeline for information request if no information is requested), similar to how the USACE operates under the Nationwide Permit program 17cv01906 Sierra Club v. EPA 14 ED 001523B 00002232-00014 American Burying Beetle KINDE RzMORQAN July 1989: Listed as endangered species by the USFWS September 1991: Recovery Plan published by USFWS -- Delisting criteria absent, contributing to current delisting problem August 2015: American Stewards of Liberty (ASL), the Independent Petroleum Association of America (IPAA), and the Texas Public Policy Foundation (TPPF) file Delisting Petition March 2016: USFWS determines delisting may be warranted, state they will include findings in their 12-month review, due August 2016 August 2016: USFWS fails to publish any findings September 2017: ASL, IPAA, and TPPF sues the USFWS for violation of section 4(b)(3)(B) of the Endangered Species Act (ESA) based on USFWS' failure to render a timely 12-month finding 17cv01906 Sierra Club v. EPA 15 ED 001523B 00002232-00015 KINDE ORGAN Superfund/CERCLA-Sediment Cleanup Kinder Morgan endorses the recommendations made in the referenced documents: Recommendations of the Lower Passaic River Study Area Cooperating Parties Group to the Superfund Task Force June 13, 2017. Testim ony o f Steven C. Nadeau Partner, Environm ental Practice Group Honigman M iller Schwartz and Cohn LLP Hearing on " O versight o f CERCLA Im plem entation" Before the House of Representatives Committee on Energy and Commerce, Subcom m ittee on Environm ent and the Economy July 13, 2016 http://docs.house.qov/meetinqs/IF/IF18/20160713/105195/HHRG-114IF18-Wstate-NadeauS-20160713.pdf 17cv01906 Sierra Club v. EPA 16 ED 001523B 00002232-00016