Document ga4ZBmoZDqMm05vBGxmDK4o5a

January 31, 2024 TRANSMITTAL VIA EMAIL: KendallB@wacotx.gov City of Waco Water Utilities Department - Metropolitan Area Regional Sewerage System (MARSS) P.O. Box 2570 Waco, Texas 76702-2570 ATTN: Kendall Borg Utilities Plant Operations Manager Re: Expedited Settlement Agreement (ESA) for Risk Management Program Findings and Proposed Penalty In the Matter of the City of Waco Water Utilities Department - MARSS Docket No. CAA 06-2024-3317 Dear Mr. Borg: The United States Environmental Protection Agency (EPA) has authority under Section 113 of the Clean Air Act (CAA) to pursue civil penalties for violations of the Section 112(r) Risk Management Program (RMP) regulations found at 40 C.F.R. Part 68. Enclosed is an ESA that addresses the City of Waco Water Utilities Department - MARSS's failure to submit an update to the Risk Management Plan within five years for the facility located at 1147 Treatment Plant Road, Waco, Texas 76706, in accordance with requirements described in 40 C.F.R. 68.190(b)(1) of the enclosed RMP Findings. The ESA complies with the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of Permits 40 C.F.R. Part 22 (2002). The ESA contains a discounted, non-negotiable penalty amount of $2,000.00, which is lower than the amount that would be derived from EPA's Combined Enforcement Policy for Section 112(r) of the CAA. You may resolve the cited violation by submitting payment as directed below, certifying the violation has been corrected, and by signing and returning the ESA within 30 days of your receipt of this letter. EPA, at its discretion, may grant one 30-day extension for cause upon request. If you do not pay the penalty and return the ESA within 30 days of receipt, the ESA will be automatically withdrawn, without prejudice to EPA's ability to file an enforcement action for the cited violation which can result in penalties up to $55,808 per day per violation. 1 of 2 Upon execution of the document, EPA will take no further civil penalty action against you for the violation cited in the ESA. You are required in the ESA to certify that you have corrected the violation(s), provided a brief description of complying action(s), and paid the penalty. The payment for the penalty amount must be in the form of a certified check payable to the "Treasurer, United States of America", with the Docket Number of the ESA on the check. The Docket Number is located at the top of the ESA. Payment of the penalty amount shall be sent via certified mail to: U. S. Environmental Protection Agency Fines and Penalties Cincinnati Finance Center P. O. Box 979078 St. Louis, MO 63197-9000 Or by alternate payment method described at http://www.epa.gov/financial/makepayment. Please return the signed ESA with a copy of the payment via electronic mail to: torres.julia@epa.gov. When signing the ESA, please indicate, in the appropriate space, the cost of all actions taken to correct the alleged violation. By terms of the ESA, and upon EPA's receipt of the signed ESA, you waive your opportunity for a hearing pursuant to Section 113 of the CAA. If you have any questions relating to this ESA, please contact Julia Torres at (214) 665-8532 or by email at torres.julia@epa.gov. Sincerely, STEVEN Digitally signed by STEVEN THOMPSON THOMPSON 14:27:01 -06'00' Date: 2024.01.31 Steve Thompson Manager Air Enforcement Branch Enclosure 2 of 2