EPA is enforcing the amended ER Planning and Response requirements (40 C.F.R. § 68.93(a) & (c)

EPA recently issued two citations to a juice processing facility for failing to comply with the amended requirements in 40 C.F.R. § 68.93(a) & (c).  On March 21, 2022, an incident at the ammonia refrigeration facility resulted in an accidental release (the “Incident “). Pursuant to Section 114 of the CAA, 42 U.S.C. § 7414, the EPA requested, and Respondent provided, documentation and information concerning the Incident and Respondent’s compliance with Section 112(r) of the CAA, 42 U.S.C. § 7412(r), and 40 C.F.R. Part 68 (the ” Investigation “). 

Pursuant to 40 C.F.R. § 68.93(a), coordination shall occur at least annually and more frequently, if necessary, to address changes:

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