Kinder Morgan Transmix Co., LLC; Kinder Morgan Operating L.P. A; and Colton Processing Facility, Inc. (Board decision, April 20, 2007)

Plain-English summary

The Environmental Appeals Board considered a Consent Agreement resolving a consolidated Resource Conservation and Recovery Act and Clean Air Act matter involving Kinder Morgan Transmix Co., LLC, Kinder Morgan Operating L.P. A, and Colton Processing Facility, Inc. The Board approved and incorporated the agreement and ordered the respondents to comply with its terms and with the applicable RCRA, Clean Air Act, and regulatory requirements. The Board assessed a $613,000 civil penalty and required evidence of the agreement's wire transfer to be sent to EPA officials.

Decision snapshot

• Cited authorities: 40 C.F.R. § 22.18(b); 42 U.S.C. § 6928(a), § 7524, and § 7545
• Outcome: Settled. The Consent Agreement was approved and incorporated, and a $613,000 civil penalty was assessed.
• Key point: The Board made the combined RCRA and Clean Air Act settlement effective through a Final Order.

Full text (EPA EAB public release)

                     UNITED STATES
              ENVIRONMENTAL PROTECTION AGENCY

IN THE MATTER OF: )
) Docket No. EPA-HQ-OECA-2007-0084
)
Kinder Morgan Transmix Co., LLC; )
Kinder Morgan Operating L.P. "A"; )
and )
Colton Processing Facility, Inc. )
)
Respondents. )

                                  FINAL ORDER

   Pursuant to 40 C.F.R. § 22.18(b) of EPA's Consolidated Rules of Practice, Section

3008(a) of the Resource Conservation and Recovery Act (RCRA), 42 U.S.C. § 6928(a), and
Sections 205 and 211 of the Clean Air Act ("CAA"), 42 U.S.C. §§ 7524 and 7545, the Consent
Agreement resolving this matter is hereby approved and incorporated by reference into this Final
Order. It is hereby ordered that:

    1. Respondents shall comply with all of the terms of the Consent Agreement,

incorporated herein by reference, and with the requirements set forth in RCRA, the CAA, and
regulations thereunder;

   2. Respondents are assessed a civil penalty in the amount of $613,000; and

   3. Respondents shall forward evidence of wire transfer required under the Consent

Agreement to:

          Jeff Kodish, Esq.
          U.S. Environmental Protection Agency
          12345 West Alameda Parkway, Suite 214
          Denver, CO 80228

and

          Robert Parrish, Esq.
          Office of Regulatory Enforcement
          U.S. Environmental Protection Agency
          1200 Pennsylvania Avenue, N.W. (2248-A)
          Washington, DC 20460

and

          U.S. Environmental Protection Agency
          Clerk of the Board
          Environmental Appeals Board
          Ariel Rios Building
          1200 Pennsylvania Avenue, N.W.
          Washington, DC 20460-0001

So Ordered, this 20th day of April, 2007.

                                  [signature]
                                  U.S. Environmental Protection Agency
                                  Environmental Appeals Board