Document reRE3QB6Vp27np11mvo4wbyvG

O ST4 PRO1 C. REGION 6 DALLAS,TX 75270 s... r, r 25JUL29 LM1!: 18 j - ER\ iEG1CN V EXPEDITED SE1TLEMENT AGREEMENT (ESA) DOCKET NO: CAA 06-2025-3451 This ESA is issued to: City of Lafayette, Louisiana At: 810 Broussard Road, Lafayette, Louisiana 70506 for violating Section 112(r)(7) of the Clean Air Act The United States Environmental Protection Agency (EPA), through its delegated official, the Director of the Enforcement and Compliance Assurance Division, and City of Lafayette, Louisiana (Respondent) have agreed to a settlement of this action before filing a complaint, and thus this action is simultaneously commenced and concluded pursuant to Rules 22.13(b) and 22.18(b)(2) of the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of Permits (Consolidated Rules), 40 C.F.R. Part 22. This ESA is an administrative action for the assessment of civil penalties instituted pursuant to Section 113(d) of the Clean Air Act (CAA), 42 U.S.C. 7413(d). Pursuant to Section 113(d) of the CAA, 42 U.S.C. 7413(d), the Administrator and the Attorney General jointly determined that cases which meet the criteria set forth in EPA's policies' are appropriate for administrative penalty action. ALLEGED VIOLATION On November 6, 2023, EPA Risk Management Program Reporting Center sent a letter to Respondent, notifying Respondent of its failure to update the Risk Management Plan on file with EPA for its facility located at 810 Broussard Road, Lafayette, Louisiana 70506 (the "Facility"). Facilities subject to the Risk Management Program (RMP) regulations at 40 C.F.R. Part 68 are required to submit an updated Risk Management Plan at least once every five years. EPA's review indicates that the update for the Facility was not submitted by the required due date of October 17, 2023. EPA has found that Respondent violated the RMP regulation and Section 112(r)(7) of the CAA, 42 U.S.C. 7412(r)(7), as follows: 1) 40 C.F.R. 68.190(b)(1) Updates - The owner or operator shall review and update the RMP as specified in paragraph (b) of this section and submit it in the method and format to the central point specified by EPA as of the date of submission. (b) The owner or operator of a stationary source shall revise and update the RMP submitted under 40 C.F.R. 68.150 as follows (1) At least once every five years from the date of its initial submission or most recent update required by paragraphs (b)(2) through (b)(7) of this section, whichever is later. 1 "Use of Expedited Settlements in Addressing Violations of the Clean Air Act Chemical Accident Prevention Provisions, 40 C.F.R. Part 68" (2004); and "Changes to Restrictions on the Use of Expedited Settlements in Addressing Violations of the Clean Air Act Chemical Accident Prevention Provisions" (2013). 1 of 5 City of Lafayette, Louisiana Docket No. CM 06-2025-3451 SE1TLEMENT In consideration of the factors set forth in Section 113(e) of the CAA, 42 U.S.C. 7413(e), the criteria set forth in EPA's policies, and upon consideration of the entire record, EPA and Respondent enter into this ESA to settle the violation, described above, for the total penalty amount of $800. This settlement is subject to the following terms and conditions: Respondent, by signing below, waives any objections that it may have regarding jurisdiction, neither admits nor denies the specific factual allegations contained herein, and consents to the assessment of the penalty as stated above. Respondent waives its rights to a hearing afforded by Section 113(d)(2)(A) of the CM, 42 U.S.C. 7413(d)(2)(A), to appeal this ESA, to any rights or defenses that Respondent has or may have for this matter to be resolved in federal court, including but not limited to any right to a jury trial, and to any right to challenge the lawfulness of the final order accompanying this ESA. Each party to this action shall bear its own costs and fees, if any. Respondent also certifies, subject to civil and criminal penalties for making a false statement to the United States Government, that Respondent has corrected the violation listed above and will pay the full penalty of $800 by certified or cashier's check made payable to the "Treasurer, United States of America" and sent to: U.S. Environmental Protection Agency Fines and Penalties Cincinnati Finance Center P. 0. Box 979078 St. Louis, MO 63197-9000 or by alternate payment method described at http://www.epa.gov/financial/makepayment. The Docket Number of this ESA is CAA 06-2025-3451 and must be included on the payment. I! signed ESA and a copy of the payment must be sent by email to: spillman.michael@epa.gov. This payment should be made only after the ESA is completed and returned to you with signatures from both sides. Full payment of the ESA penalty shall only resolve Respondent's civil liability for the violation alleged above. The EPA does not waive any other enforcement action by EPA for any other past, present, or future violations under the CM or any other statute. If the signed ESA is not returned to EPA Region 6 at the above e-mail address in correct form by Respondent within 30 days of the date of the receipt of this ESA, the proposed ESA is withdrawn, without prejudice to EPA's ability to file additional enforcement actions for the violation identified in this ESA. This ESA is binding on EPA and Respondent and is effective upon filing with the Regional Hearing Clerk. EPA and Respondent agree to the use of electronic signatures for this matter. EPA and Respondent further agree to electronic service of this ESA, pursuant to 40 C.F.R. 22.6, by email to the following 2 of 5 addresses: To EPA: spillman.michael@epa.gov To Respondent: tjcarriere@lus.org City of Lafayette, Louisiana Docket No. CM 06-2025-3451 3 of 5 SIGNATURE BY RESPONDENT: City of Lafayette, Louisiana Docket No. CAA 06-2025-3451 Signature: Name (print): Trevor J. Carriere, P.E. Title (print) Water Operations Manager Cost of Corrective Actions: Estimate of $1000.00 Date: 7/23/2025 Respondent's Brief Description of Complying Action: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Our entity has come into compliance with EPA requirements per docket number CM 06-2025-3451. Preventative internal controls have been implemented to ensure the necessary documentation has been submitted in accordance with the compliance requirements. If you need additional space or would like to provide additional supporting documentation, please attach to this document. SIGNATURE BY EPA: Digitally signed by CHERYL SEAGER Date: 2025.07.24 09:06:13 -0500 Cheryl T. Seager Director Enforcement and Compliance Assurance Division U.S. EPA, Region 6 It is so ORDERED. This Order shall become effective upon filing of the fully executed ESA Docket No. CAA 06-2025-3451 with the Regional Hearing Clerk. Rucki Thomas Digitally signed by Rucki, Thomas Date: 2025.07.28 16:37:17 -0400 Thomas Rucki Regional Judicial Officer 4 of 5 City of Lafayette, Louisiana Docket No. CAA 06-2025-3451 CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing Expedited Settlement Agreement was filed with me, the Regional Hearing Clerk, U.S. EPA - Region 6, 1201 Elm Street, Suite 500, Dallas, Texas 752702102, and that I sent a true and correct copy on this day in the following manner to the email addresses: Copy via Email to EPA: spillman.michael@epa.gov Copy via Email to Respondent: ticarriere@lus.org Trevori. Carriere Water Operations Manager Lafayette Utilities System P.O. Box 4017-C Lafayette, Louisiana 70502 MICHAEL S P1 LLMAN Digitally signed by MICHAEL SPILLMAN Date: 2025.07.29 09:01:20 -0500 Regional Hearing Clerk U.S. EPA, Region 6 5 of 5