One of the things I find extremely unfair with EPA citations is that they are based on “revenue” of the business, as well as other factors. I like it when it is applied to a “for-profit” business, but it is disproportionately UNFAIR when it is applied to a public utility like a water treatment plant. Case in point, this WTP was NOT practicing process safety and even falsified their RMP (my words – not EPA’s) and 16 significant findings, the penalty was only $8,040. Had this inspection taken place at a “for profit” business these findings would have been easily $50K and quite possibly in the $100K’s. The risks to the community are the same!
EPA has determined that Respondent violated the Risk Management Program (RMP) regulations promulgated at 40 C.F.R. Part 68 under Section 112(r) of the Clean Air Act (CAA), as noted on the enclosed Risk Management Plan Inspection Findings and Alleged Violations Summary (“Summary”), which is hereby incorporated by reference.
PROCESS/NAICS CODE: 22131 PROGRAM
LEVEL: 3
REGULATED SUBSTANCE: chlorine
MAX. QUANTITY IN PROCESS (lbs.): 8,000
DESCRIPTION OF ALLEGED VIOLATIONS
Four EPA representatives inspected the Water Treatment Plant on September 11, 2017. Based upon this inspection, the Water Treatment Plant (WTP) is in violation of the following risk management program elements: