30
EXECUTIVE SUMMARY - ENFORCEMENT MATTER Page 1 of 2 DOCKET NO.: 2010-1 5 11-AIR-E TCEQ ID: RN100222330 CASE NO.: 40389 RESPONDENT NAME: DCP Midstream, LP ORDER TYPE: X 166o AGREED ORDER FINDINGS AGREED ORDER _FINDINGS ORDER FOLLOWING SOAH HEARING FINDINGS DEFAULT ORDER SHUTDOWN ORDER IMMINENT AND SUBSTANTIAL ENDANGERMENT ORDER AMENDED ORDER _EMERGENCY ORDER CASE TYPE: X AIR MULTI-MEDIA (check all that apply) _INDUSTRIAL AND HAZARDOUS WASTE _PUBLIC WATER SUPPLY _ -PETROLEUM STORAGE TANKS OCCUPATIONAL CERTIFICATION WATER QUALITY SEWAGE SLUDGE _UNDERGROUND INJECTION CONTROL MUNICIPAL SOLID WASTE RADIOACTIVE WASTE DRY CLEANER REGISTRATION SITE WHERE VIOLATION(S) OCCURRED: Goldsmith Gas Plant, one mile west of Goldsmith Drive on State Road 158, Goldsmith, Ector County TYPE OF OPERATION: Gas plant SMALL BUSINESS: Yes X No OTHER SIGNIFICANT MATTERS: There are no complaints. There is one additional pending enforcement action regarding this facility location, Docket No. 2009-1821-AIR-E. INTERESTED PARTIES: No one other than the ED and the Respondent has expressed an interest in this matter. COMMENTS RECEIVED: The Texas Register comment period expired on January 10, 2ou. No comments were received. CONTACTS AND MAILING LIST: TCEQ Attorney/SEP Coordinator: Mr, Phillip Hampsten, SEP Coordinator, Enforcement Division, MC 219, (512) 239-6732 TCEQ Enforcement Coordinator: Mr. John Muennink, Enforcement Division, Enforcement Team 5, MC R-14, (361) 825-3423; Ms. Laurie Eaves, Enforcement Division, MC 219, (512) 2 39-4495 Respondent: Mr. Doug Lowrie, Acting Environmental Manager, Western Division, DCP Midstream, LP, to Desta Drive, Suite 40o, Midland, Texas 797 0 5 Mr. Ronnie Trammell, Vice President Operations-West, DCP Midstream, LP, 10 Desta Drive, Suite 400, Midland, Texas 79705 Respondent's Attorney: Not represented by counsel on this enforcement matter cxecsu m!5-23-08/a pp-26c. doc

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Page 1: RESPONDENT NAME: DCP Midstream, LP DOCKET NO.: 11-AIR-E ...€¦ · executive summary - enforcement matter page 1 of 2 docket no.: 2010-1511-air-e tceq id: rn100222330 case no.: 40389

EXECUTIVE SUMMARY - ENFORCEMENT MATTER

Page 1 of 2

DOCKET NO.: 2010-1511-AIR-E TCEQ ID: RN100222330 CASE NO.: 40389RESPONDENT NAME: DCP Midstream, LP

ORDER TYPE:

X 166o AGREED ORDER FINDINGS AGREED ORDER _FINDINGS ORDER FOLLOWINGSOAH HEARING

FINDINGS DEFAULT ORDER SHUTDOWN ORDER IMMINENT AND SUBSTANTIALENDANGERMENT ORDER

AMENDED ORDER _EMERGENCY ORDER

CASE TYPE:

X AIR MULTI-MEDIA (check all that apply) _INDUSTRIAL AND HAZARDOUSWASTE

_PUBLIC WATER SUPPLY _ -PETROLEUM STORAGE TANKS OCCUPATIONAL CERTIFICATION

WATER QUALITY SEWAGE SLUDGE _UNDERGROUND INJECTIONCONTROL

MUNICIPAL SOLID WASTE RADIOACTIVE WASTE DRY CLEANER REGISTRATION

SITE WHERE VIOLATION(S) OCCURRED: Goldsmith Gas Plant, one mile west of Goldsmith Drive on State Road 158,Goldsmith, Ector County

TYPE OF OPERATION: Gas plant

SMALL BUSINESS:

Yes

X No

OTHER SIGNIFICANT MATTERS: There are no complaints. There is one additional pending enforcement action regardingthis facility location, Docket No. 2009-1821-AIR-E.

INTERESTED PARTIES: No one other than the ED and the Respondent has expressed an interest in this matter.

COMMENTS RECEIVED: The Texas Register comment period expired on January 10, 2ou. No comments were received.

CONTACTS AND MAILING LIST:TCEQ Attorney/SEP Coordinator: Mr, Phillip Hampsten, SEP Coordinator, Enforcement Division, MC 219, (512)239-6732TCEQ Enforcement Coordinator: Mr. John Muennink, Enforcement Division, Enforcement Team 5, MC R-14, (361)825-3423; Ms. Laurie Eaves, Enforcement Division, MC 219, (512) 239-4495Respondent: Mr. Doug Lowrie, Acting Environmental Manager, Western Division, DCP Midstream, LP, to DestaDrive, Suite 40o, Midland, Texas 79705Mr. Ronnie Trammell, Vice President Operations-West, DCP Midstream, LP, 10 Desta Drive, Suite 400, Midland, Texas79705Respondent's Attorney: Not represented by counsel on this enforcement matter

cxecsu m!5-23-08/a pp-26c. doc

Page 2: RESPONDENT NAME: DCP Midstream, LP DOCKET NO.: 11-AIR-E ...€¦ · executive summary - enforcement matter page 1 of 2 docket no.: 2010-1511-air-e tceq id: rn100222330 case no.: 40389

RESPONDENT NAME: DCP Midstream, LP

Page 2 of 2DOCKET NO.: 2010-1511-AIR-E

VIOLATION SUMMARY CHART:

VIOLATION INFORMATION PENALTY CONS lI)ERA'I`IONS CORRECTIVE ACTIONSTAKEN/REQIAIRED

Type of Investigation: Total Assessed: $23,875 Ordering Provisions:^Complaint_ Routine Total Deferred: $4,775 1) The Order will require the

Enforcement Follow-up X Expedited Settlement Respondent to implement andX Records Review

-Financial Inability to Paycomplete a SupplementalEnvironmental Project. (See SEP

Date(s) of Complaints Relating tothis Case: None SEP Conditional Offset: $9,550

Attachment A)

2) The Order will also require theDate of Investigation Relating to this Total Paid to General Revenue: Respondent to:Case: July 15, 2010 through August 18, $9,55o2010

Date of NOV/NOE Relating to thisCompliance History Classification:Person/CN -- Average

a. Within 30 days after the effectivedate of this Agreed Order:

Case: August 23, 2010 (NOE) Site/RN - Average i. Implement measures and proceduresdesigned to maintain compliance with

Background Facts: This was a recordsreview.

Major Source: X Yes

No

Applicable Penalty Policy: September

permitted S02 emission limits; and

ii. Implement measures andAIR 2002 procedures designed to ensure

compliance with semi-annual1) Failed to maintain compliance with the481.70 pounds per hour ("lbs/hr") sulfur

deviation reporting requirements.

dioxide ("SO2") permitted emission limit b. Within 45 days after the effectivefor the tail gas incinerator stack. date of this Agreed Order, submitSpecifically, the Respondent exceeded the written certification to demonstratepermitted limit by at least 9 lbs/hr for 253 compliance with Ordering Provisionhourly instances during the January 1,

2009 through December 31, 2009

reporting period; resulting in theunauthorized release of 2,277 lbs of S02[30 TEX. ADMIN. CODE §§ 116,115(b)(2)(F)and 122.143(4), Tax. HEALTH & SAFETY

Coon § 382.085(b), Permit No. 676A,Special Conditions No.

and FederalOperating Permit ("FOP") No. 02585,Special Terms and Conditions No. 7].

2) Failed to include all instances ofdeviations in the semi-annual deviationreport for the period of January 1, 2009through June 30, 2009. Specifically, theRespondent failed to include deviations for194 instances when the temperature in thecombustion chamber of the tail gasincinerator fell below 1,200 degreesFahrenheit between February 26, 2009through March 9, 2009 [30 TEX, ADMIN.

No. 2.a.

CODE §§ 122 . 143(4) and 122.145(2)(A), Tax.HEALTH & SAFETY CODE § 382.085(b) andFOP No. 02585, General Terms andConditions].

Additional ID No(s).: EBoo53J

cx ccs,,,,O .23-O8lapp-26 c. do c

Page 3: RESPONDENT NAME: DCP Midstream, LP DOCKET NO.: 11-AIR-E ...€¦ · executive summary - enforcement matter page 1 of 2 docket no.: 2010-1511-air-e tceq id: rn100222330 case no.: 40389

Attachment ADocket Number: 2010-1511-AIR-E

SUPPLEMENTAL ENVIRONMENTAL PROJECT

DCP Midstream, LP

Nineteen Thousand One Hundred Dollars ($19,100)

Nine Thousand Five Hundred Fifty Dollars ($9,55 0)

Pre-approved

Texas PTA - Clean School Bus Program

Texas Air Quality Control Region 218 -- Midland-Odessa-San Angelo

The Texas Commission on Environmental Quality ("TCEQ") agrees to offset a portion of theadministrative penalty amount assessed in this Agreed Order for the Respondent to contribute to aSupplemental Environmental Project ("SEP "). The offset is equal to the SEP offset amount set forthabove and is conditioned upon completion of the project in accordance with the terms of thisAttachment A.

1.

Project Description

A. Project

The Respondent shall contribute the SEP offset amount to the Third-Party Recipient named above.The contribution will be to Texas PTA for the Clean School Bus Program as set forth in anagreement between the Third-Party Recipient and the TCEQ. Specifically, the contribution will beused to reimburse local school districts for the cost of the following activities to reduce emissions: 1)replacing older diesel buses with alternative fuelled or clean diesel buses; or 2) retrofitting olderdiesel buses with new, cleaner technology. All dollars contributed will be used solely for the directcost of the project and no portion will be spent on administrative costs. The SEP will be done inaccordance with all federal, state and local environmental laws and regulations.

The Respondent certifies that it has no prior commitment to make this contribution and that it isbeing done solely in an effort to settle this enforcement action.

B. Environmental Benefit

This SEP will provide a discernible environmental benefit by reducing particulate emissions on busesby more than 90% below today's level and reducing hydrocarbons below measurement capability.

Respondent:

Penalty Amount:

SEP Offset Amount:

Type of SEP:

Third-Party Recipient:

Location of SEP:

Page 1of3

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Page 5: RESPONDENT NAME: DCP Midstream, LP DOCKET NO.: 11-AIR-E ...€¦ · executive summary - enforcement matter page 1 of 2 docket no.: 2010-1511-air-e tceq id: rn100222330 case no.: 40389

DCP Midstream, LPAgreed Order - Attachment A

C.

Minimum Expenditure

The Respondent shall contribute at least the SEP offset amount to the Third-Party Recipient andcomply with all other provisions of this SEP.

2.

Performance Schedule

Within 30 days after the effective date of this Agreed Order, the Respondent must contribute the SEPoffset amount to the Third-Party Recipient. The Respondent shall mail a copy of the Agreed Orderwith the contribution to:

Texas Congress of Parents and Teachers dba Texas PTAClean School Bus ProgramSuzy Swan, Director of Finance408 West 11t>> StreetAustin, Texas 78707

3•

Records and Reporting

Concurrent with the payment of the SEP offset amount, the Respondent shall provide theEnforcement Division SEP Coordinator with a copy of the check and transmittal letter indicating fullpayment of the SEP offset amount to the Third-Party Recipient. The Respondent shall mail a copy ofthe check and transmittal letter to:

Enforcement DivisionAttention: SEP Coordinator, MC 219

Texas Commission on Environmental QualityP.O. Box 13087Austin, Texas 78711-3087

4. Failure to Fully Perform

If the Respondent does not perform its obligations under this SEP in any way, including fullexpenditure of the SEP offset amount and submittal of the required reporting described in Section 3above, the Executive Director may require immediate payment of all or part of the SEP offsetamount.

In the event of incomplete performance, the Respondent shall include on the check the docketnumber of this Agreed Order and a note that it is for reimbursement of a SEP. The Respondent shallmake the payment for the amount due to "Texas Commission on Environmental Quality" and mail itto:

Litigation DivisionAttention: SEP Coordinator, MC 175Texas Commission on Environmental QualityP.O. Box 13088Austin, Texas 78711-3087

Page 2 of 3

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Page 7: RESPONDENT NAME: DCP Midstream, LP DOCKET NO.: 11-AIR-E ...€¦ · executive summary - enforcement matter page 1 of 2 docket no.: 2010-1511-air-e tceq id: rn100222330 case no.: 40389

DCP Midstream, LPAgreed Order - Attachment A

5. Publicity

Any public statements concerning this SEP made by or on behalf of the Respondent must include aclear statement that the project was performed as part of the settlement of an enforcement actionbrought by the TCEQ. Such statements include advertising, public relations, and press releases.

6. Clean. Texas Program

The Respondent shall not include this SEP in any application made to TCEQ under the "Clean Texas"(or any successor) program(s). Similarly, the Respondent may not seek recognition for thiscontribution in any other state or federal regulatory program.

7. Other SEPs by TCEQ or Other Agencies

The SEP identified in this Agreed Order has not been, and shall not be, included as a SEP for theRespondent under any other Agreed Order negotiated with the TCEQ or any other agency of the stateor federal government.

Page 3 of 3

Page 8: RESPONDENT NAME: DCP Midstream, LP DOCKET NO.: 11-AIR-E ...€¦ · executive summary - enforcement matter page 1 of 2 docket no.: 2010-1511-air-e tceq id: rn100222330 case no.: 40389
Page 9: RESPONDENT NAME: DCP Midstream, LP DOCKET NO.: 11-AIR-E ...€¦ · executive summary - enforcement matter page 1 of 2 docket no.: 2010-1511-air-e tceq id: rn100222330 case no.: 40389

Penalty Calculation Worksheet (PCW)Policy Revision 2 (September 2002)

PCW Revision October 30, 2008

Tao_DATES

PCW1-Auu-^ I01,0

23-Sep-201.0

!bNDENT/FACILITY INFORMATIONRespondent DCP Midstream, L.

Reg. Ent. Ref. No. RN100222:33 0Facility/Site Region 7-Riidland'

CASE INFORMATIONEnf./Case ID No. 40389

Docket No. 2010- i?5111 .-AWEMedia Program(s) Air

Multi-Media

Admin. Penalty Limit Minimum

$0

Maximum

Penalty Calculation SectionTOTALBASE PENALTY (Sum of violation base penalties;

ADJUSTMENTS (+1-) TO SUBTOTAL 1Subtotals ?-7 are ohlalned by multiplyir.s the To:al

a r'cr It

. I

In 1) .:•y the irdiceted pero,-itn_y

Compliance History 91.0% tn'an_eme n . Subtotals 2, 3, & 7

Enliancement for four NOVs with sr^me,siniifa,- violations, one NOV with

Notes dissimilar violations, two orders wil:hout denial and one order with denial.RF•:Joctlon for one notice of riuilil: letter submitted.

No. of ViolationsOrder Type

Government/Non-ProfitEnf. Coordinator

EC's Team

1660NJohn bluennlnkl nIt cernei'it Team.5-

$12,500

Culpability '

Notes The::Respondent does :not, moot the culpability criteria;.

$ol

$0I

$23,875SUM OF SUBTOTALS 1

OTHER FACTORS AS JUSTICE MAY REQUIRE;;Reduces ur enhances the Final Subtotal bytheindicatedpercentage.

$o

Notes

STATUTORY LIMIT' AD)USTMN

Final Assessed Penalty

$ 23,875

DEFERRAL 20.0%

Red , tic 7

Adjustment

-$4,7751;Reduces the Final Assessed Penalty by the indicted percentage. (toternumber onlye.g. 20for20%reduction. )

Notes

Deferral offered for expedited settlement.

Final Penalty Amount $23,875I

PAYABLE PENALTY

$19,100

Page 10: RESPONDENT NAME: DCP Midstream, LP DOCKET NO.: 11-AIR-E ...€¦ · executive summary - enforcement matter page 1 of 2 docket no.: 2010-1511-air-e tceq id: rn100222330 case no.: 40389

eeiee __did

Screening Date 14-Sep-2010

Docket No. 2010-1511-AIR-ERespondent DCP Midstream, LPCase ID No. 40389

Reg. Ent. Reference No. RN100222330Media ['Statute: Air

Etlf. Coordinator John Muennink

Compliance History WorksheetCompliance History Site Enhancement (Selptotal 2)

Corn ponent Number of...

NOVsWritten notices of violation ("NOVs") with same or similar violations as those inthe current enforcement action (number of NO Vs meeting criteria) 4 20%

Other written NOVs 1 2%

Orders

Any agreed final enforcement orders containing a denial of liability (number oforders meeting criteria )

1 20%

Any adjudicated final

enforcement orders,

agreed final enforcement orderswithout

a

denial

of

liability,

or

default

orders

of this

state

or

the

federalgovernment,

or

any

final

prohibitory

emergency

orders

issued

by

thecommission

50°/0

Judgmentsand Consent

Decrees

Any non-adjudicated final court judgments or consent decrees containing adenial of liability of this state or the federal government (number of judgementsor consent decrees meeting criteria )

0 0%

Any

adjudicated

final

court

judgments

and

default

judgments,

or

non-adjudicated final court judgments or consent decrees without a denial of liability,of this state or the federal government

0 0%

ConvictionsAny criminal convictions of this state or the federal government (number ofcounts)

0

°

0 /o

Emissions Chronic excessive emissions events (number of events) 0 0%

Audits.

Letters notifying the executive director of an Intended audit conducted under theTexas Environmental, Health, and Safety Audit Privilege Act, 74th Legislature,1995 (number of audits for which notices were submitted)

1

. -1%

Disclosures of violations under the Texas

Environmental,

Health, and SafetyAudit

Privilege

Act,

74th

Legislature,

1995

(number

of audits

for

whichviolations were disclosed )

0%

Please Enter Yes or No

Environmental management systems in place for one year or more 0%

Voluntary on-site compliance assessments conducted by the executive director No°

0%Other under a special assistance program

Participation in a voluntary pollution reduction program No

.... 0%Early compliance with, or offer of a product that meets future state or federal No 0%government environmental requirements

Adjustment Percentage (Subtotal 2) 91%

Repeat Violator (Subtotal 3.

>> Compliance History Person Classification (Subtotal 7)

Average Performer

Compliance History Sumrtn,ary.

Compliance Enhancement for four: NO.Vs.wiLh.same/sirr.ilar violations, one NOV with dissimilar violations, twoHistory

- orders without didnial and one order with. denial,; Reduction. for one notice ol.audit letterNotes

..

s.u+bmitted.

^ustment Percenta e_ (Subtotals 2 3 & 7)

pcwPolley Revision 2 (September 2002)

PCW Revision October 30, 2008

Page 11: RESPONDENT NAME: DCP Midstream, LP DOCKET NO.: 11-AIR-E ...€¦ · executive summary - enforcement matter page 1 of 2 docket no.: 2010-1511-air-e tceq id: rn100222330 case no.: 40389

:PMScreening Date 14-Sep-2010

Dock No 2olo-IsIl-AIR-ERespondent. MCP Midstream, LP

Policy Revision 2 (September 2.002)

Case ID No. 40389

PCW Revision October 30, 20081 -

g. Ent. Reference No..RN100222330Media [Statute] AirEnt Coordinator John Muennink

Violation Number

30 Tex. Admin.Code:§§ 116.t15(b)(2)(F) and 122;143(4), Tex. Health & Safety .

Code § 382.085(b), Permit No. 676A, Special Conditions No. 1 and FederalOperating Permit ("FOP ") No. 02585, Special Terms and Conditions No. 7

Failed to nlalirtain compliance . With the . 481.70 pounds per hour ('lbs/hr") sulfurdioxide ("S02") permitted emission limit for the tail - gas - Incinerator stack.

Specifically, the Respondent-exceeded the peCriiitted limit by at least 9 lbs/hr for253 hour ;y Instances during the January 1, 2009 throug h December 31, 2009:

reporting period; resultine in the unauthorizecErelease-of 2;277 Ibs of SO2

^Le _..

Rule Cite(s)

Base Penalty[mm

ReleaseActual

Potentially

»Programn^altic MatrixFalsification

Environment 1, Property acrd Hunan Health Matrix'Harm

Moderate

MinorMajor

1

Percent 25%1

Human-health or (ho cnv rurir nor t ha

tip riot r OL__d solo Motec i

mark only onewith on x

Percent L_ 0%

ee:^:exposedto an insignificant amountof pollutants that:.e of human health or environmental receptors,

Adjustnienti $7i 500

Number of violation days

Violation Base Penalty

$2500

$ 10,0001

Good Faith-efforts a Comply

Extraordinary

OrdinaryN/A

"o.0°/aBerrie NOVL .

f

if j(mark wlth . x)

12eit_i ctronfJ ri; ti Cr,Psn et±: =_rnent Offer

NotesThe Resp.oftdent does. riot neetthe, mod faith criteria rOr

hrls

Violation Subtotal

Statutory Limit Tests

Violation Final Penalty Totall

This violation Final Assessed Penalty (adjusted for limits)f

Page 12: RESPONDENT NAME: DCP Midstream, LP DOCKET NO.: 11-AIR-E ...€¦ · executive summary - enforcement matter page 1 of 2 docket no.: 2010-1511-air-e tceq id: rn100222330 case no.: 40389

conomic Benefit WorksheetRespondent DCP Midstream, LPCase ID No. 40389

Reg. Ent. Reference No. RN100222330Media Air

Violation No. I

Delayed CostsEquipment

BuildingsOther (as needed)

Engineering/constructionLand

Record Keeping SystemTraining/Sampling

Remediatlon/DisposalPermit Costs

Other (as needed)

Estimated expense to r-ir,lerr,ert measures wit: pi acedares designed to mainta

impilanice withpermitted. 502 emission limits. Tlic qate Requfred i_ the first date of the violation. TI e Final Date: is the

date-that _or rectivemeasilres are estimated Lo be completed.

ANN UALIZAvoided CostsDisposal

PersonnelInspection/Reporting/Sampling

Supplies/equipmentFinancial Assurance [2]

ONE-TIME avoided costs [3]Other (as needed)

[1] avoidedcostsbefore entering item {excepffvr one-timeavoided c

T0.00 lo: ..

$0.. 0.0:00. $0 $q $:0:00; $0 $0 $.0.00: $0 0 $0.00 $00:.00. $U0;00 $C

s s;)

Notes for AVOIDED costs

Approx. Cost of Compliance

$1,oooI

TOTAL

Page 13: RESPONDENT NAME: DCP Midstream, LP DOCKET NO.: 11-AIR-E ...€¦ · executive summary - enforcement matter page 1 of 2 docket no.: 2010-1511-air-e tceq id: rn100222330 case no.: 40389

Docket No. 2010-1511-AIR-E PCWPolicy Revision 2 (September 2002)

PCW Revision October 30, 2008

Screening Date 14-Sep-2010Respondent DCP Midstream, LPCase ID No. 40389

Reg. Ent. Reference No. RN100222330Media [Statute] Air

Enf.. Coordinator.John MuenninkViolation Number s

Rule Cite(s)30 Tex, Adrr:in,

de 3. 122.143(43 and 122.145(2)(A), Tex. Health & Safety Code§ 382.085(h) and FOP No. 02585, General Termsand Conditions

Failed toincl.ude ail.Instances -orneviations lh the:seml-anrn_laI deviation rep.orL icrLhe. period of Jane ial 1:, O+i9 ' tEr^ugh June 30; 2019; S?ecstically, the Respondent

Balled fo Include de g. iations for 194 instances. dhen the temperature fn the.combustion chamber hd{hc tail,gas incinerator fell below 1 ZOd:degrees: pahrenhelt

between rebruary 2fi, 20.09 thra.ugh Mach 9, 2009,

Base Penalty

$10 1 0001

Violation Description

0%

25%a

» Environ pental, Prop6rty and Human Health MatrixHarm

Major Mcde-a:e

Percent

»Programmatic MatrixFalsification

-_Major- x

The Respondent failed to meet 100°k of the Tole requirernont.

$2,500

One singlc evcri - is ,C nlnle..oe d b. red

mark only onewith an x

Violation Base Penalty

r. [Fro in of]lpiete report.

Good Faith Efforts to Comply

ExtraordinaryOrdinary

N/A X ^C(mark with x}

The .RespOndent does not meet the good faith criteria forthis v:lOlatlon.

$2,5021

Notes

o.o°,o RoductiunBefore NOV NOV to LUPRP/Settlement Offer

Violation Subtotal $2,500

l=colnOnlic Benefit (EB) for this violation

Statutory Limit Test

This violation Final Assessed Penalty (adjusted for limits)i

$4,7751

Page 14: RESPONDENT NAME: DCP Midstream, LP DOCKET NO.: 11-AIR-E ...€¦ · executive summary - enforcement matter page 1 of 2 docket no.: 2010-1511-air-e tceq id: rn100222330 case no.: 40389

EconomicRespondent DcP Midstream, LPCase ID No. 40389

Reg. Ent Reference No... RN 100222330AirMedia

Violation No. 2

-Item Cost Date ReqItem Description No rnmmr.. uc

d Final Date

Delayed CostsEquipment

BuildingsOther (as needed)

Engineering/constructionLand

Record Keeping SystemTraining/Sampling

Remediati on / Disposa lPermit Costs

Other (as needed)

]7-1 . R0.-Ju.1-.?0D9,i 1.--Mar=2011

Avoided CostsDisposal

PersonnelInspection/Reporting/Sampling

Supplies/equipmentFinancial Assurance [2)

ONE-TIME avoided costs [3)Other (as needed)

Percent Interest mm Years ofDepreciations

15jYrs

Interest Saved

Onetime Costs

0.00 $0' ..

$0: $0.10.00 $0.. $0 $0

1 . 0:00 $Q: $01 $0...i

0.00. $0 $0 $0`I, 0.00 $0 n/a . $Q:10:00 '$0I

1:59: . $79 n/a :$7910.00 $0 n/? $0

nLa __m ..

..$b11.59. $40. n/a $40

II I^L_ ....: JlL- II

II II

II II

L. .. II I'

:::

II II:

1F

$50tr ..... .:. ^ 3C Ji.I :2009 Il 3-Mar-20,11.._CsLllnated'expOrisc to liclude.all iristarifes of deviations. in semi-annuai deviation reports ani tn. Implement

measures an,' procedures deslgned'to ensure compliance:with semi-annual. deviation reporting.requirements, The - Date Required was the due . dete for Lf a deviation report. The-.Final Date Is. the date that

corrective rneasures.are es`Imate&to:-be-.completed'...ANNUALIZE [1] avoided casts::before:entering item (except for

eone-Dim avoided costs)

1

/1 '.

1 '.

1 'i

1

1

11 1 '.1 •,

1

1

11 •.1 1 •,

1

111 1 1 0

Notes for AVOIDED costs

Approx. Cost of Compliance

$1,500

TOTAL j $1191

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Compliance History Report

PENDINGCustomer/Respondent/Owner-Operator: CN601229917

DCP Midstream, LP Classification: AVERAGE Rating: 2.41

Regulated Entity: RN100222330

GOLDSMITH GAS PLANT Classification: AVERAGE Site Rating: 5.80

ID Number(s): AIR OPERATING PERMITS ACCOUNT NUMBER EB0053AIR OPERATING PERMITS PERMIT 2585AIR NEW SOURCE PERMITS REGISTRATION 10321AIR NEW SOURCE PERMITS REGISTRATION 10532AIR NEW SOURCE PERMITS PERMIT 12612AAIR NEW SOURCE PERMITS PERMIT 676AAIR NEW SOURCE PERMITS ACCOUNT NUMBER EB0053JAIR NEW SOURCE PERMITS REGISTRATION 54944AIR NEW SOURCE PERMITS REGISTRATION 73563AIR NEW SOURCE PERMITS AFS NUM 4813500022AIR NEW SOURCE PERMITS REGISTRATION 73567AIR NEW SOURCE PERMITS REGISTRATION 76810AIR NEW SOURCE PERMITS REGISTRATION 85276AIR EMISSIONS INVENTORY ACCOUNT NUMBER EB0053J

Location: 1.0 MILE WEST OF GOLDSMITH DRIVE ON

SR 158

TCEQ Region:

Date Compliance History Prepared:

REGION 07- MIDLAND

September 15, 2010

Agency Decision Requiring Compliance History: Enforcement

Compliance Period:

September 15, 2005 to September 15, 2010

TCEQ Staff Member to Contact for Additional Information Regarding this Compliance History

Name:

John Muennink

Phone:

(361) 825-3423

Site Compliance History Components

1. Has the site been in existence and/or operation for the full five year compliance period?

Yes

2. Has there been a (known) change in ownership/operator of the site during the compliance period?

No

3. If Yes, who is the current owner/operator?N/A

4. If Yes, who was/were the prior owner(s)/operator(s)?

5. When did the change(s) in owner or operator occur?

6. Rating Date: 9/1/2010 Repeat Violator:

NO

Components (Multimedia) for the Site :A.

Final Enforcement Orders, court judgments, and consent decrees of the State of Texas and the federal government.

ADMINORDER 2006-0958-AIR-E

N/A

N/A

Effective Date: 04/14/2008

Classification: MajorCitation:

30 TAC Chapter 116, SubChapter B 116.115(c)5C THC Chapter 382, SubChapter A 382.085(b)

Rqmt Prov: Spec. Cond. 1 PERMIT

Description: Failed to prevent the unauthorized release of air contaminants into the atmosphere.

Classification: ModerateCitation:

30 TAC Chapter 116, SubChapter B 116.115(c)5C THC Chapter 382, SubChapter A 382.085(b)

Rqmt Prov: Permit No. 676A/Special Condition 2 PERMIT

Description: Failed to maintain the sulfur recovery efficiency in the SRU of at least 98 percent based on

a rolling seven-day average.Classification: ModerateCitation:

30 TAC Chapter 122, SubChapter B 122.145(2)(A)5C THC Chapter 382, SubChapter A 382.085(b)

Description: Failed to submit complete and accurate deviation reports for the periods of January 1, 2005

through June 30, 2005, and July 1, 2005 through December 31, 2005

Classification: Moderate

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Citation:

30 TAC Chapter 101, SubChapter A 101.20(1)30 TAC Chapter 116, SubChapter B 116.115(c)40 CFR Chapter 60, SubChapter C, PT 60, SubPT A 60.7(a)5C THC Chapter 382, SubChapter A 382.085(b)

Rqmt Prov: Permit No. 676A/Special Condition 7 PERMIT

Description: Failed to submit a startup and a construction notification for modifications to the aminetreater unit during 2002 as required.

Classification: ModerateCitation:

30 TAC Chapter 101, SubChapter A 101.20(1)40 CFR Chapter 60, SubChapter C, PT 60, SubPT VV 60.482-6(a)(1)5C THC Chapter 382, SubChapter A 382.085(b)

Description: Failed to plug, cap, or double-valve an unreported number of open ended VOC lines andvalves.Classification: ModerateCitation:

30 TAC Chapter 122, SubChapter B 122.1215C THC Chapter 382, SubChapter A 382,085(b)

Description: Failed to revise FOP No. 0-00804 to include one turbine, and two compressor engines (EPNNos. TUR-B, 22R-1 and 29R-2) prior to the startup of the units.

Classification: MinorCitation:

30 TAC Chapter 101, SubChapter F 101,201(b)(1)(H)5C THC Chapter 382, SubChapter A 382.085(b)

Description: Failure to include the correct authorized emissions limits on Scheduled Maintenance Incident#77400 for the residue compression flare and on Emissions Event Incident #79882 for the residuecompression flare.

Effective Date: 11/1712008

ADMINORDER 2008-0497-AIR-E

Classification: MajorCitation:

30 TAC Chapter 116, SubChapter B 116.115(b)(2)(F)30 TAC Chapter 116, SubChapter B 116.115(c)5C THSC Chapter 382 382.085(b)

Rqmt Prov: SC No. 1 PERMIT

Description: Failed to comply with the emission limit for S02 contained in the maximum allowableemission rate table at EPN No. INCIN.

Effective Date: 07109/2009

ADMINORDER 2009-0201-AIR-E

Classification: ModerateCitation:

30 TAC Chapter 116, SubChapter B 116.115(b)(2)30 TAC Chapter 116, SubChapter B 116.115(c)30 TAC Chapter 116, SubChapter F 116.615(2)5C THSC Chapter 382 382.085(b)

Rqmt Prov: MAERT PERMITPermit No. 676A Special Condition 1 PERMIT

Description: The Respondent failed to prevent the unauthorized release of air contaminants into theatmosphere.

B. Any criminal convictions of the state of Texas and the federal government.

NIA

C. Chronic excessive emissions events,

NIA

D. The approval dates of investigations, (COEDS Inv. Track. No.)

1 12/21/2005 (449721)

2 01/09/2006 (449672)

3 03/0112006 (457744)

4 03/24/2006 (460425)

5 06/01/2006 (480998)

6 06/27/2006 (481095)

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7 10/05/2006 (514299)

8 10/17/2006 (516382)

9 10/1812006 (516632)

10 06/05/2007 (563142)

11 06/07/2007 (563372)

12 06/13/2007 (563873)

13 06/22/2007 (560161)14 07/16/2007 (567798)

15 08/31/2007 (574418)

16 09/05/2007 (593409)

17 09/06/2007 (593567)

18 09/13/2007 (594421)

19 10/12/2007 (597703)

20 10/15/2007 (597759)

21 10/24/2007 (598983)

22 10/31/2007 (599671)

23 11/27/2007 (609951)

24 12/19/2007 (612293)

25 01/11/2008 (614194)

26 02/14/2008 (618547)

27 03/14/2008 (638082)

28 04/15/2008 (646520)

29 05/12/2008 (670700)

30 05/28/2008 (681144)

31 06/02/2008 (681405)

32 06/02/2008 (681632)

33 06/24/2008 (681411)

34 10/01/2008 (704323)

35 10/03/2008 (704406)

36 10/03/2008 (704486)

37 10/06/2008 (704616)

38 12/18/2008 (721515)

39 01/15/2009 (723941)

40 01/15/2009 (723956)

41 01/16/2009 (724053)

42 01/16/2009 (724083)

43 01121/2009 (724405)

44 01/22/2009 (724553)

45 02/02/2009 (725086)

46 03/05/2009 (737237)

47 03/12/2009 (738435)

48 03/31/2009 (740848)

49 05/28/2009 (710005)

50 07/29/2009 (763369)

51 07/31/2009 (746255)

52 08/03/2009 (764256)

53 08/10/2009 (765099)

54 08/10/2009 (765117)

55 08/10/2009 (765135)

56 08/10/2009 (765137)

57 08/10/2009 (765145)

58 08/21/2009 (766490)

59 08/24/2009 (766287)

60 09/23/2009 (777059)

61 10/12/2009 (748807)

62 10/14/2009 (779227)

63 10/16/2009 (761306)

64 12/02/2009 (784085)

65 12/02/2009 (784194)

66 12/02/2009 (784226)

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67 12102/2009 (784246)

68 12/03/2009 (784325)

69 12103/2009 (784344)

70 12103/2009 (784368)

71 12/03/2009 (784390)

72 12111/2009 (784516)73 01/12/2010 (788058)74 0111212010 (788117)

75 01/13/2010 (788269)

76 01/15/2010 (788457)

77 01/15/2010 (788560)

78 01/27/2010 (789774)

79 01/27/2010 (789885)

80 01128/2010 (789962)

81 01/28/2010 (789986)

82 01/28/2010 (790070)

83 01/29/2010 (790207)

84 01129/2010 (790233)

85 01129/2010 (790262)

86 02101/2010 (790391)

87 02/02/2010 (790481)

88 02/02/2010 (790521)

89 02/02/2010 (790596)

90 02/02/2010 (790631)

91 02/03/2010 (790685)

92 02/04/2010 (790922)

93 02/04/2010 (791012)

94 02/04/2010 (791055)

95 02/04/2010 (791087)

96 02104/2010 (791100)

97 04114/2010 (797867)

98 04/14/2010 (797973)

99 06/21/2010 (828090)

100 08/20/2010 (849517)

E.

Written notices of violations (NOV). (COEDS Inv. Track. No.)

Date: 05/2312007

(560161)

CN601229917Self Report? NO

Classification: MinorCitation:

30 TAC Chapter 122, SubChapter B 122.143(4)5C THC Chapter 382, SubChapter A 382.085(b)

Description:

Failure to install the device to monitor the combustion temperature/exhaust gastemperature for the tail gas incinerator In the combustion chamber or immediatelydownstream as required by Federal Operating Permit No. 02585.

Self Report? NO

Classification: ModerateCitation:

30 TAC Chapter 122, SubChapter B 122.143(4)5C THC Chapter 382, SubChapter A 382.085(b)

Description:

Failure to properly record the tail gas incinerator firebox temperature frommidnight on November 17, 2006 through 0900 hours on November 22, 2006. TheCompliance Assurance Monitoring requirement of Federal Operating Permit No.02585 requires that 4 data points for this parameter be recorded and averagedevery hour.

Date: 0311412008

(638083)

Self Report? NO

Classification: ModerateCitation:

30 TAC Chapter 116, SubChapter B 116,115(c)5C THSC Chapter 382 382.085(b)Permit No. 676A Special Condition No. 5 PERMIT

Description:

The failure to comply with the sulfur production limit established by SpecialCondition 5 of Permit No. 676A.

Self Report? NO

Classification: ModerateCitation:

30 TAC Chapter 122, SubChapter B 122.143(4)

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5C THSC Chapter 382 382.085(b)

Description:

The failure to submit a revision application to codify the applicable requirementsof 40 CFR Part 63 Subpart ZZZZ as required by Special Condition No. 1.G. ofFederal Operating Permit No. 02685.

Self Report? NO

Classification: ModerateCitation:

30 TAC Chapter 116, SubChapter B 116.115(b)(2)(F)5C THSC Chapter 382 382.085(b)

Description:

Failure to comply with the MAER Table of Permit No. 676A by exceeding the shortterm limit for sulfur dioxide emissions from the tail gas incinerator.

Date: 03/03/2009

(737237)

CN601229917Self Report? NO

Classification: MinorCitation:

30 TAC Chapter 122, SubChapter B 122.145(2)(A)5C THSC Chapter 382 382.085(b)

Description:

Failure to include the recordable-only maintenance, startup, and shutdownevents associated with compressor blow downs on the semi-annual deviationreports for calendar year 2007.

Self Report? NO

Classification: ModerateCitation:

30 TAC Chapter 101, SubChapter F 101.211(b)5C THSC Chapter 382 382.085(b)

Description:

The failure to maintain records of recordable maintenance, startup, andshutdown events associated with compressor blow downs.

Self Report? NO

Classification: MinorCitation:

30 TAC Chapter 101, SubChapter A 101.20(1)30 TAC Chapter 116, SubChapter B 116.115(c)40 CFR Chapter 60, SubChapter C, PT 60, SubPT JJJ 60.632(a)40 CFR Chapter 600 SubChapter C, PT 60, SubPT VV 60.482-6(a)(1)5C THSC Chapter 382 382.085(b)Permit 676A Special Condition 12.(E.) PERMIT

Description:

The failure to identify and to properly manage the open-ended lines.

Self Report? NO

Classification: ModerateCitation:

30 TAC Chapter 116, SubChapter S 116.115(c)5C THSC Chapter 382 382.085(b)Permit 676A Special Condition 10.A. PERMIT

Description:

Failure to comply with the requirement of Special Condition 10.A. of PermitNumber 676A which requires that "Visual, audio and olfactory checks for H2Sleaks within the operating area shall be made at least once per shift."

Date: 12/09/2009

(784516)

Self Report? NO

Classification: MinorCitation:

30 TAC Chapter 116, SubChapter B 116.115(b)(2)(F)5C THSC Chapter 382 382.065(b)

Description:

Failure to prevent unauthorized emissions that stemmed from an activity or eventthat could have been avoided by better operational practices.

Date: 08/2 3120 1 0

(849517)

CN601229917Self Report? NO

Classification: ModerateCitation:

30 TAC Chapter 116, SubChapter B 116.115(b)(2)(F)30 TAC Chapter 122, SubChapter B 122.143(4)5C THSC Chapter 382 382.085(b)Permit Number 676A General Condition 8. PERMITPermit Number 676A Special Condition 1 PERMITSOP 02585 Special Terms and Conditions 7 PERMIT

Description:

Failure to comply with the sulfur dioxide emissions rate from the tail gasincinerator stack. The 481,70 Iblhr rate authorized by the Maximum AllowableEmissions Rate Table of Permit Number 676A was exceeded by at less than 9Iblhr on 20 hourly instances during 2009 as documented by the ContinuousEmissions Monitoring System. This is, therefore, not a High Priority Violation.

Self Report? NO

Classification: ModerateCitation:

30 TAC Chapter 116, SubChapter B 116.115(c)30 TAC Chapter 122, SubChapter B 122.143(4)5C THSC Chapter 382 382.085(b)Permit Number 676A Special Condition 10 PERMITSOP Number 02585 Special Term & Cond. 7 PERMIT

Description:

Failure to conduct the required audio, visual, and olfactory (AVO) inspections onFebruary 10, February 19 - 24, March 6, and March 10 - 11, 2009.

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Self Report? NO

Classification: ModeratoCitation:

30 TAC Chapter 116, SubChapter B 116.115(c)30 TAC Chapter 122, SubChapter B 122.143(4)5C THSC Chapter 382 382.085(b)Permit Number 676A Special Condition 2 PERMITSOP 02585 Special Terms and Conditions 7 PERMIT

Description:

Failure to maintain a sulfur recovery efficiency of at least 98% based on a 7-dayrolling average for 15 Instances during February, 2009. The 98% efficiency isrequired by Permit Number 676A Special Condition 2.

Self Report? NO

Classification: MinorCitation:

30 TAC Chapter 106, SubChapter 0 106.352(4)30 TAC Chapter 116, SubChapter B 116,110(a)(4)30 TAC Chapter 122, SubChapter B 122.143(4)5C THSC Chapter 382 382.085(b)SOP 02585 Special Terms and Conditions 7 PERMIT

Description:

Failure of the turbine blowdown vents to meet the height requirement of 30 TAC§106.352(4). With the hydrogen sulfide emissions of greater than 3 Ib1hr, theheight should be at least 60 feet.

Self Report? NO

Classification: MinorCitation:

30 TAC Chapter 122, SubChapter B 122.143(4)30 TAC Chapter 122, SubChapter B 122.146(5)(C)(ii)5C THSC Chapter 382 382.085(b)SOP 02585 General Terms and Conditions PERMIT

Description:

Failure to identify the correct authorizing document in the descriptions of 58deviations for the report period that began on July 1, 2009 and that ended onDecember 31, 2009. The description identified the authorizing document asPermit Number 626A instead of Permit Number 676A. The deviations pertained tosulfur dioxide emissions from the TGI stack exceeding the authorized emissionsrate allowable in the permit.

F. Environmental audits.

Notice of Intent Date: 02/18/2008 (639391)

No DOV Associated

G. Type of environmental management systems (EMSs),

N/A

H. Voluntary on-site compliance assessment dates.

NIA

I. Participation in a voluntary pollution reduction program.

NIA

J. Early compliance,

NIA

Sites Outside of Texas

NIA

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TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

IN THE MATTER OF AN

§

BEFORE THEENFORCEMENT ACTION

§CONCERNING

§

TEXAS COMMISSION ONDCP MIDSTREAM, LP

§RN100222330

§

ENVIRONMENTAL QUALITY

AGREED ORDERDOCKET NO. 2010-1511-AIR-E

I. JURISDICTION AND STIPULATIONS

At its agenda, the Texas Commission on Environmental Quality("the Commission" or "TCEQ") considered this agreement of the parties, resolving anenforcement action regarding DCP Midstream, LP ("the Respondent") under the authority ofTEX. HEALTH & SAFETY CODE ch. 382 and TEx. WATER CODE ch. 7. The Executive Director of theTCEQ, through the Enforcement Division, and the Respondent appear before the Commissionand together stipulate that:

1. The Respondent owns and operates a gas plant one mile west of Goldsmith Drive onState Road 158 in Goldsmith, Ector County, Texas (the "Plant").

2. The Plant consists of one or more sources as defined in TEx. HEALTH & SAFETY CODE§ 382.003(12).

The Commission and the Respondent agree that the Commission has jurisdiction toenter this Agreed Order, and that the Respondent is subject to the Commission'sjurisdiction.

The Respondent received notice of the violations alleged in Section II ( "Allegations ") onor about August 28, 2010.

The occurrence of any violation is in dispute and the entry of this Agreed Order shall notconstitute an admission by the Respondent of any violation alleged in Section II("Allegations"), nor of any statute or rule.

3.

4.

5.

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DCP Midstream, LPDOCKET NO. 2010-1511-AIR-EPage 2

6. An administrative penalty in the amount of Twenty-Three Thousand Eight HundredSeventy-Five Dollars ($23,875) is assessed by the Commission in settlement of theviolations alleged in Section II ("Allegations "). The Respondent has paid Nine ThousandFive Hundred Fifty Dollars ($9,550) of the administrative penalty and Four ThousandSeven Hundred Seventy-Five Dollars ($4,775) is deferred contingent upon theRespondent's timely and 'satisfactory compliance with all the terms of this Agreed Order.The deferred amount will be waived upon full compliance with the terms of this AgreedOrder. If the Respondent fails to timely and satisfactorily comply with all requirementsof this Agreed Order, the Executive Director may require the Respondent to pay all orpart of the deferred penalty. Nine Thousand Five Hundred Fifty Dollars ($9,550) shall beconditionally offset by the Respondent's completion of a Supplemental EnvironmentalProject ("SEP").

7.

Any notice and procedures, which might otherwise be authorized or required in thisaction, are waived in the interest of a more timely resolution of the matter.

8. The Executive Director of the TCEQ and the Respondent have agreed on a settlement ofthe matters alleged in this enforcement action, subject to the approval of theCommission.

9. The Executive Director may, without further notice or hearing, refer this matter to theOffice of the Attorney General of the State of Texas ("OAG") for further enforcementproceedings if the Executive Director determines that the Respondent has not compliedwith one or more of the terms or conditions in this Agreed Order.

10.

This Agreed Order shall terminate five years from its effective date or upon compliancewith all the terms and conditions set forth in this Agreed Order, whichever is later.

11. The provisions of this Agreed Order are deemed severable and, if a court of competentjurisdiction or other appropriate authority deems any provision of this Agreed Orderunenforceable, the remaining provisions shall be valid and enforceable.

II. ALLEGATIONS

As owner and operator of the Plant, the Respondent is alleged to have:

1. Failed to maintain compliance with the 481.70 pounds per hour ("lbs/hr") sulfur dioxide("SO2") permitted emission limit for the tail gas incinerator stack, in violation of 30 TEX.ADMIN. CODE §§ 116.115(b)(2)(F) and 122.143(4), TEx. HEALTH & SAFETY CODE§ 382.085(b), Permit No. 676A, Special Conditions No. 1 and Federal Operating Permit("FOP") No. 02585, Special Terms and Conditions No. 7, as documented during a recordreview conducted from July 15, 2010 through August 18, 2010. Specifically, theRespondent exceeded the permitted limit by at least 9 lbs/hr for 253 hourly instancesduring the January 1, 2009 through December 31, 2009 reporting period; resulting in theunauthorized release of 2,277 lbs of S02.

2. Failed to include all instances of deviations in the semi-annual deviation report for theperiod of January 1, 2009 through June 30, 2009, in violation of 30 TEx. ADMIN. CODE§§ 122.143(4) and 122.145(2)(A), TEX. HEALTH & SAFETY CODE § 382.085(b) and FOP No.

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DCP Midstream, LPDOCKET NO. 2010-1611-AIR-EPage 3

02585, General Terms and Conditions, as documented during a record review conductedfrom July 15, 2010 through August 18, 2010. Specifically, the Respondent failed toinclude deviations for 194 instances when the temperature in the combustion chamber ofthe tail gas incinerator fell below 1,200 degrees Fahrenheit between February 26, 2009through March 9, 2009.

III. DENIALS

The Respondent generally denies each allegation in Section II ("Allegations").

IV. ORDERING PROVISIONS

1. It is, therefore, ordered by the TCEQ that the Respondent pay an administrative penaltyas set forth in Section I, Paragraph 6 above. The payment of this administrative penaltyand the Respondent's compliance with all the terms and conditions set forth in thisAgreed Order resolve only the allegations in Section II. The Commission shall not beconstrained in any manner from requiring corrective action or penalties for violationswhich are not raised here. Administrative penalty payments shall be made payable to"TCEQ" and shall be sent with the notation " Re: DCP Midstream, LP, Docket No. 2010-x511-AIR-E" to:

Financial Administration Division, Revenues SectionAttention: Cashier's Office, MC 214Texas Commission on Environmental QualityP.O. Box 13088Austin, Texas 78711-3088

2. The Respondent shall implement and complete a SEP in accordance with TEx. WATERCODE § 7.067. As set forth in Section I, Paragraph 6 above, Nine Thousand Five HundredFifty Dollars ($9,550) of the assessed administrative penalty shall be offset with thecondition that the Respondent implement the SEP defined in Attachment A,incorporated herein by reference. The Respondent's obligation to pay the conditionallyoffset portion of the administrative penalty assessed shall be discharged upon finalcompletion of all provisions of the SEP agreement.

3.

It is further ordered that the Respondent shall undertake the following technicalrequirements:

a.

Within 30 days after the effective date of this Agreed Order:

i. Implement measures and procedures designed to maintain compliancewith permitted SO2 emission limits, in accordance with Permit No. 676A,Special Condition No. 1; and

ii. Implement measures and procedures designed to ensure compliance withsemi-annual deviation reporting requirements, in accordance with 30 TEx.ADMIN. CODE § 122.145(2)(A).

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4.

5.

DCP Midstream, LP.DOCKET NO. 2o10-1511-AIR-EPage 4

b.

Within 45 days after the effective date of this Agreed Order, submit writtencertification to demonstrate compliance with Ordering Provision No. 3.a.

The certification shall be notarized by a State of Texas Notary Public and containthe following language:

"I certify under penalty of law that I have personally examined and am familiarwith the information submitted and all attached documents, and that based onmy inquiry of those individuals immediately responsible for obtaining theinformation, I believe that the submitted information is true, accurate andcomplete. I am aware that there are significant penalties for submitting falseinformation, including the possibility of fines and imprisonment for knowingviolations."

The certification shall be submitted to:

Order Compliance TeamEnforcement Division, MC 149ATexas Commission on Environmental QualityP.O. Box 13087Austin, Texas 78711-3087

with a copy to:

Air Section, ManagerMidland Regional OfficeTexas Commission on Environmental Quality3300 North A Street, Building 4, Suite 107Midland, Texas 79705-5404

The provisions of this Agreed Order shall apply to and be binding upon the Respondent.The Respondent is ordered to give notice of the Agreed Order to personnel who maintainday-to-day control over the Plant operations referenced in this Agreed Order.

If the Respondent fails to comply with any of the Ordering Provisions in this AgreedOrder within the prescribed schedules, and that failure is caused solely by an act of God,war, strike, riot, or other catastrophe, the Respondent's failure to comply is not aviolation of this Agreed Order. The Respondent shall have the burden of establishing tothe Executive Director's satisfaction that such an event has occurred. The Respondentshall notify the Executive Director within seven days after the Respondent becomesaware of a delaying event and shall take all reasonable measures to mitigate andminimize any delay.

6. The Executive Director may grant an extension of any deadline in this Agreed Order or inany plan, report, or other document submitted pursuant to this Agreed Order, upon awritten and substantiated showing of good cause. All requests for extensions by theRespondent shall be made in writing to the Executive Director. Extensions are noteffective until the Respondent receives written approval from the Executive Director.The determination of what constitutes good cause rests solely with the ExecutiveDirector.

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DCP Midstream, LPDOCKET NO. 2010-1511-AIR-EPage 5

7. This Agreed Order, issued by the Commission, shall not be admissible against theRespondent in a civil proceeding, unless the proceeding is brought by the OAG to: (1)enforce the terms of this Agreed Order; or (2) pursue violations of a statute within theCommission's jurisdiction, or of a rule adopted or an order or permit issued by theCommission under such a statute.

8. This Agreed Order may be executed in separate and multiple counterparts, whichtogether shall constitute a single instrument. Any page of this Agreed Order may becopied, scanned, digitized, converted to electronic portable document format ("pdf '), orotherwise reproduced and may be transmitted by digital or electronic transmission,including but not limited to facsimile transmission and electronic mail. Any signatureaffixed to this Agreed Order shall constitute an original signature for all purposes andmay be used, filed, substituted,, or issued for any purpose for which an original signaturecould be used. The term "signature" shall include manual signatures and true andaccurate reproductions of manual signatures created, executed, endorsed, adopted, orauthorized by the person or persons to whom the signatures are attributable. Signaturesmay be copied or reproduced digitally, electronically, by photocopying, engraving,imprinting, lithographing, electronic mail, facsimile transmission, stamping, or any othermeans or process which the Executive Director deems acceptable. In this paragraphexclusively, the terms "electronic transmission", "owner", "person", "writing" and"written" shall have the meanings assigned to them under TEx. Bus. ORG. CODE § 1.002.

9. Under 30 TEx. ADMIN. CODE § 70.10(b), the effective date is the date of hand-delivery ofthe Order to the Respondent, or three days after the date on which the Commission mailsnotice of the Order to the Respondent, whichever is earlier, The Chief Clerk shall providea copy of this Agreed Order to each of the parties.

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DCP Midstream, LP-DOCKET NO. 2010-1511-AIR-E

Page 6

SIGNATURE PAGE

TEXAS COMMISSION ON ENVIRONMENTAL QUALITY

For the Commission

-Lam- Zl ^^F t Executive Director

Date

I, the undersigned, have read and understand the attached Agreed Order. I am authorized toagree to the attached Agreed Order on behalf of the entity indicated below my signature, and Ido agree to the terms and conditions specified therein. I further acknowledge that the TCEQ, inaccepting payment for the penalty amount, is materially relying on such representation.

I also understand that failure to comply with the Ordering Provisions, if any, in this orderand/or failure to timely pay the penalty amount, may result in:• A negative impact on compliance history;• Greater scrutiny of any permit applications submitted;• Referral of this case to the Attorney General's Office for contempt, injunctive relief,

additional penalties, and/or attorney fees, or to a collection agency;• Increased penalties in any future enforcement actions;• Automatic referral to the Attorney General's Office of any future enforcement actions;

and• TCEQ seeking other relief as authorized by law.In addition, any falsification of any compliance documents may result in criminal prosecution.

Signature

Kahv,

V Opz.v. a.^S

Name (Printed or typed)

TitleAuthorized Representative ofDCP Midstream, LP

Instructions: Send the original, signed Agreed Order with penalty payment to the Financial AdministrationDivision, Revenues Section at the address in Section N, Paragraph i of this Agreed Order.

ID -Df,b _- ItDate

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Attachment ADocket Number: 2010-1511-AIR-E

SUPPLEMENTAL ENVIRONMENTAL PROJECT

DCP Midstream, LP

Nineteen Thousand One Hundred Dollars ($19,100)

Nine Thousand Five Hundred Fifty Dollars ($9,550)

Pre-approved

Texas PTA - Clean School Bus Program

Texas Air Quality Control Region 218 -- Midland-Odessa-San Angelo

The Texas Commission on Environmental Quality ("TCEQ") agrees to offset a portion of theadministrative penalty amount assessed in this Agreed Order for the Respondent to contribute to aSupplemental Environmental Project ("SEP"), The offset is equal to the SEP offset amount set forthabove and is conditioned upon completion of the project in accordance with the terms of thisAttachment A.

1.

Project Description

A. Project

The Respondent shall contribute the SEP offset amount to the Third-Party Recipient named above.The contribution will be to Texas PTA for the Clean School Bus Program as set forth in anagreement between the Third-Party Recipient and the TCEQ. Specifically, the contribution will beused to reimburse local school districts for the cost of the following activities to reduce emissions: i.)replacing older diesel buses with alternative fuelled or clean diesel buses; or 2) retrofitting olderdiesel buses with new, cleaner technology. All dollars contributed will be used solely for the directcost of the project and no portion will be spent on administrative costs. The SEP will be done inaccordance with all federal, state and local environmental laws and regulations.

The Respondent certifies that it has no prior commitment to make this contribution and that it isbeing done solely in an effort to settle this enforcement action.

B. Environmental Benefit

This SEP will provide a discernible environmental benefit by reducing particulate emissions on busesby more than 90% below today's level and reducing hydrocarbons below measurement capability.

Respondent:

Penalty Amount:

SEP Offset Amount:

Type of SEP:

Third-Party Recipient:

Location of SEP:

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DCP Midstream, LPAgreed Order - Attachment A

C.

Minimum Expenditure

The Respondent shall contribute at least the SEP offset amount to the Third-Party Recipient andcomply with all other provisions of this SEP.

2.

Performance Schedule

Within 30 days after the effective date of this Agreed Order, the Respondent must contribute the SEPoffset amount to the Third-Party Recipient. The Respondent shall mail a copy of the Agreed Orderwith the contribution to:

Texas Congress of Parents and Teachers dba Texas PTAClean School Bus ProgramSuzy Swan, Director of Finance408 West 11th StreetAustin, Texas 78 70 7

3.

Records and Reporting

Concurrent with the payment of the SEP offset amount, the Respondent shall provide theEnforcement Division SEP Coordinator with a copy of the check and transmittal letter indicating fullpayment of the SEP offset amount to the Third-Party Recipient. The Respondent shall mail a copy ofthe check and transmittal letter to:

Enforcement DivisionAttention: SEP Coordinator, MC 219

Texas Commission on Environmental QualityP.O. Box 13087Austin, Texas 78711-3087

4. Failure to Fully Perform

If the Respondent does not perform its obligations under this SEP in any way, including fullexpenditure of the SEP offset amount and submittal of the required reporting described in Section 3above, the Executive Director may require immediate payment of all or part of the SEP offsetamount.

In the event of incomplete performance, the Respondent shall include on the check the docketnumber of this Agreed Order and a note that it is for reimbursement of a SEP. The Respondent shallmake the payment for the amount due to "Texas Commission on Environmental Quality" and mail itto:

Litigation DivisionAttention: SEP Coordinator, MC 175Texas Commission on Environmental QualityP.O. Box 13088Austin, Texas 78711-3087

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DCP Midstream, LPAgreed Order - Attachment A

5. Publicity

Any public statements concerning this SEP made by or on behalf of the Respondent must include aclear statement that the project was performed as part of the settlement of an enforcement actionbrought by the TCEQ. Such statements include advertising, public relations, and press releases.

6. Clean Texas Program

The Respondent shall not include this SEP in any application made to TCEQ under the "Clean Texas"(or any successor) program(s). Similarly, the Respondent may not seek recognition for thiscontribution in any other state or federal regulatory program.

7. Other SEPs by TCEQ or Other Agencies

The SEP identified in this Agreed Order has not been, and shall not be, included as a SEP for theRespondent under any other Agreed Order negotiated with the TCEQ or any other agency of the stateor federal government.

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