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The United States Environmental Protection Agency (“EPA”) and Kroger Limited Partnership II d/b/a Winchester Farms Dairy (“Winchester”) entered into an August 14th Expedited Settlement Agreement (“ESA”) addressing alleged violation of the Clean Air Act’s Chemical Accident Prevention Program regulations. See Docket No.: CAA-04-2018-8007(b).
The ESA states that Winchester operates a facility (“Facility”) in Winchester, Kentucky.
EPA is stated to have conducted a compliance monitoring inspection at Winchester’s Facility on March 28, 2017. The federal agency states that the Facility violated the Clean Air Act’s Chemical Accident Prevention Program.
Winchester is stated to have failed to provide EPA evidence that:
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It maintained records for worst-case scenarios: assumptions and parameters used as required by 40 C.F.R. § 68.39(a); and
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It maintained records for alternative release scenarios: assumptions and parameters used, as required by 40 C.F.R. § 68.39(b)
The ESA assesses a civil penalty of $1,200.
A copy of the ESA can be found here.
