Document wDvw0yOGzvm1XBMB4ymNkKNMd

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 1201 ELM STREET, SUITE 500 DALLAS, TEXAS 75270 VIA EMAIL June 22, 2020 Mr. Ricky Young Targa Resources Corporation High Plains Gas Plant 811 Louisiana, Suite 2100 Houston, TX 77002 ryoung@targaresources.com Re: Expedited Settlement Agreement (ESA) for Risk Management Plan Inspection Findings and Proposed Penalty In the Matter of High Plains Gas Plant Docket No. CAA 06-2020-3371 Dear Mr. Young: Enclosed for your record is a copy of a fully executed Expedited Settlement Agreement (ESA) ) issued by the United States Environmental Protection Agency, Region 6 (EPA) concerning the High Plains Gas Plant located in Midland, Texas. As provided in the ESA, the High Plains Gas Plant should have already certified that the violation(s) have been corrected, provided a brief description of complying action(s), and paid the civil penalty of $1,200.00. The EPA requests that you immediately confirm receipt of this e-mail and the attached ESA by a response e-mail. If you have any questions relating to this ESA, please contact Elizabeth Rogers of my staff at (214) 665-6708 or via e-mail at rogers.elizabeth@epa.gov. Sincerely, Digitally signed by CHERYL SEAGER DN: c=US, o=U.S. Government, ou=Environmental Protection Agency, cn=CHERYL SEAGER, 0.9.2342.19200300.100.1.1=68001003651793 Date: 2020.06.22 15:17:34 -05'00' Cheryl T. Seager, Director Enforcement and Compliance Assurance Division Enclosure(s) Ecc: Michael De La Cruz, Manager Air Enforcement Section Enforcement Division, Office of Compliance & Enforcement Texas Commission on Environmental Quality P. O. Box 13087 Austin, TX 78711-3087 Michael.delacruz@tceq.texas.gov Docket No. CAA-06-2020-3371 FILED June 23, 2020 1:00 P.M. U.S. EPA Region VI, Regional Hearing Clerk UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 6 1201 ELM STREET, SUITE 500 DALLAS, TEXAS 75270 EXPEDITED SETTLEMENT AGREEMENT (ESA) DOCKET NO: CAA 06-2020-3371 This ESA is issued to: High Plains Gas Plant - Targa Resources Corporation At: 13800 East County Road 230, Midland, Texas 79706 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 High Plains Gas Plant -Targa Resources Corporation (Respondent) have agreed to a settlement of this action before filing of 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 VIOLATIONS On February 26, 2020, an authorized representative of the EPA conducted an inspection of Respondent's facility, located at Midland, 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 Respondent had violated the RMP regulations and Section 112(r)(7) of the CAA, 42 U.S.C. 7412(r)(7) as follows: 1) 40 C.F.R. 68.69(a)(1)(vi) - The owner or operator failed to document normal shutdown procedures for the inlet dehydration/cold plant and amine unit. 2) 40 C.F.R. 68.69(a)(2)(i) and (ii) - The owner or operator failed to document consequences of deviation and the steps required to correct or avoid deviation. SETTLEMENT In consideration of the factors set forth in Section 113(e) of the CAA, 42 U.S.C. 7413(e), the criteria set forth in the EPA's policies1, and upon consideration of the entire record, EPA and Respondent enter into this ESA in order to settle the violations, described above, for the total penalty amount of $1,200.00. 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) This settlement is subject to the following terms and conditions: Respondent, by signing below, waives any objections that it may have regarding jurisdiction, neither admits nor denies the specific factual allegations contained herein, and consents to the assessment of the penalty as stated above. Respondent waives its rights to a hearing afforded by Section 113(d)(2)(A) of the CAA, 42 U.S.C. 7413(d)(2)(A), and to appeal this ESA. Each party to this action shall bear its own costs and fees, if any. Respondent also certifies, subject to civil and criminal penalties for making a false statement to the United States Government, that Respondent has corrected the violations listed above and has paid the full penalty of $1,200.00 by certified or cashier's check made payable to the "United States Treasury" and sent to: U.S. Environmental Protection Agency Fines and Penalties Cincinnati Finance Center P. O. Box 979077 St. Louis, MO 63197-9000 or by alternate payment method described at http://www.epa.gov/financial/makepayment. The Docket Number of this ESA is CAA-06-2020-3371 and must be included on the payment. The signed ESA and a copy of the payment must be sent by email to: rogers.elizabeth@epa.gov Full payment of the ESA penalty shall only resolve Respondent's civil liability for the violations alleged above. The EPA does not waive any other enforcement action by EPA for any other past, present, or future violations under the CAA or any other statute. If the signed ESA with a copy of the payment is not returned to the EPA Region 6 at the above email address in correct form by Respondent within 30 days of the date of the receipt of this ESA, the proposed ESA is withdrawn, without prejudice to EPA's ability to file additional enforcement actions for the violations identified in this ESA. This ESA is binding on the EPA and Respondent and is effective upon filing with the Regional Hearing Clerk. The EPA and Respondent agree to the use of electronic signatures for this matter. The 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: rogers.elizabeth@epa.gov To Respondent: ryoung@targaresources.com 2 SIGNATURE BY EPA: Digitally signed by CHERYL SEAGER DN: c=US, o=U.S. Government, ou=Environmental Protection Agency, cn=CHERYL SEAGER, 0.9.2342.19200300.100.1.1=68001003651793 ____________________Da_te:_20_20_.06_.18_0_8:0_3:2_3 _-05_'00_' _________________ Cheryl T. Seager, Director Enforcement and Compliance Assurance Division Date: ____________ It is so ORDERED. This Order shall become effective upon filing of the fully executed ESA with the Regional Hearing Clerk. Digitally signed by Rucki, Thomas Rucki, Thomas DN: cn=Rucki, Thomas, email=Rucki.Thomas@epa.gov ____________________________D_a_te_: 2_0_20_.0_6_.23_0_9_:3_4:_53_-_05_'0_0_' ___ Date: _6__/2_3__/2_0__2_0__ Thomas Rucki Regional Judicial Officer 4 CERTIFICATE OF SERVICE I hereby certify, on the date identified below, a true and correct copy of the foregoing Expedited Settlement Agreement was delivered to the Regional Hearing Clerk, U.S. EPA Region 6 (ORC), 1201 Elm Street, Suite 500, Dallas, Texas 75270-2102, and that a true and correct copy was sent this day in the following manner to the addressees: Copy via Email to EPA: rogers.elizabeth@epa.gov Copy via Email to Respondent: (Ricky Young) ryoung@targaresources.com SIGNATURE BY EPA: ELIZABETH Digitally signed by ELIZABETH ROGERS DN: c=US, o=U.S. Government, ou=Environmental Protection Agency, cn=ELIZABETH ROGERS, 0.9.2342.19200300.100.1.1=68001003655414 R_O_G__E_R__S___________D_at_e: _202_0._06_.23_13_:26_:5_9 -0_5'_00'____ Elizabeth Rogers RMP Enforcement Officer United States Environmental Protection Agency Region 6 Date: ________________ 5