This is what drives me crazy! A water treatment plant that falls under EPA’s RMP and yet has made zero effort to comply with the standard gets 11 citations, and the fine was $13,500, which was “adjusted” down to $10,800. This is a PUBLIC entity handling Chlorine (Cl2) in a densely populated area (see Google map screenshot below).
The facility failed to develop, implement and manage a PSM/RMP program.
Management System 68.15(a) ; $1,200
The owner or operator failed to develop a management system to oversee the implementation of the risk management program element s.
Process Safety Information 68.65(d)(2); $1,500
The owner or operator failed to ensure that equipment complies with recognized and generally accepted good engineering practices.
Process Hazard Analysis 68.67(e) ; $1,500
The owner or operator failed to assure that all recommendations were resolved in a timely manner and that resolutions were documented.
Operating Procedures 68.69(a)(2)(i); $1,200
The owner or operator failed to address the consequences of deviations in the operating procedures.
Operating Procedures 68.69(a)(3)(iii); $1,200
The owner or operator failed to address control measures to be taken if physical contract or airborne exposure occurs in the operating procedures.
Training 68.71(b); $1,500
The owner or operator failed to provide refresher training at least every three years to each employee involved in operating a process.
Mechanical Integrity 68.73(e); $900
The owner or operator failed to correct deficiencies in equipment that were outside acceptable limits in a safe and timely matter to assure safe operation.
Management of Change 68.75(a); $1,500
The owner or operator failed to implement written procedures to manage changes to equipment that affect a covered process.
Compliance Audits 68.79(a); $1,200
The owner or operator failed to certify that the facility has evaluated compliance with the provisions of the prevention program at least every three years.
Contractors 68.87(b)(1); $900
The owner or operator failed to evaluate the contract owner or operator safety performance and programs when selecting contractors.
Contractors 68.87(b)(2); $900
The owner or operator failed to inform the contract owner or operator of potential hazards related to the contractors’ work and the process.
Unadjusted Penalty $13,500
Adjustments to Penalty
Pursuant to EPA’s “Expedited Settlement Penalty Matrix, Multiplier Factors For Calculating Proposed Penalties For Violations Found During RMP Inspections,” a multiplier factor of 0.8, in consideration of the total population served (10,001-100,000 people} and the quantity of the regulated substance (>10 times the threshold quantity}, is being applied to reduce the penalty.
$13,500 x 0.8 (multiplier factor} = $10,800
Total Penalty $10,800
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