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:
- At the stationary source;
- in the stationary source’s emergency response and/or emergency action plan; and/or
- in the community emergency response plan.
Pursuant to 40 C.F.R. § 68.93(c), the owner or operator shall document coordination with local authorities, including:
- The names of individuals involved and their contact information (phone number, email address, and organizational affiliations);
- dates of coordination activities, and
- nature of coordination activities
Respondent failed to provide evidence and the appropriate documentation of emergency response coordination activities for years 2018, 2019, and 2021. Respondent’s failure to provide evidence and appropriate documentation of emergency response coordination activities for years 2018, 2019, and 2021 pursuant to 40 C.F.R. § 68.93(a) & (c) is a violation of Section l 12(r)(7) of the CAA, 42 U.S.C. § 74l2(r)(7).