EPA v. U S ARMY CORPS OF ENGINEERS - COLD REGION RESEARCH AND ENGINEER LABORATORY

Case summary

This settlement resolves violations of Section 112(r) of the Clean Air Act and the risk management program (?RMP?) regulations, found at 40 C.F.R. Part 68, by U.S. Army Corps of Engineers -- Cold Regions Research and Engineering Laboratory. The Army Corps uses approximately 14,000 pounds of anhydrous ammonia in the refrigeration process for its controlled-temperature hydraulic research facility. The alleged violations include: failing to comply with safety information requirements; failing to adequately identify, evaluate, and control hazards; failing to comply with Program 3 operating procedures requirements; failing to comply with Program 3 mechanical integrity requirements; failing to comply with Program 3 compliance audit requirements; and failing to have an adequate emergency response program. The CAFO includes payment of a civil penalty of $85,059. The CAFO also includes three ?non-penalty conditions,? which require Respondent to finish addressing the remaining issues under the Administrative Order, for which the Army Corps received an extension. This settlement is designed to reduce the likelihood of a release of anhydrous ammonia occurring, and to limit the severity of any ammonia release that might occur, from the Facility. Respondent will correct certain issues raised by the AO by installing a completely new state-of-the art ventilation system that will significantly enhance the safety of the Facility and its ability to minimize the effects of any release of ammonia. Further, as a result of this action, Respondent initiated revitalization of the inactive local/regional emergency planning committee, which will enhance emergency response coordination in the communities surrounding the Facility.

Defendants (1)

• U S ARMY CORPS OF ENGINEERS - COLD REGION RESEARCHNamed in complaintNamed in settlement

Facilities (1)

• US ARMY CORP OF ENGINEERS

  72 LYME ROAD, HANOVER, NH, 03755-1290

  Registry ID: 110000566780

Statutes cited

• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (1)

• U S ARMY CORPS OF ENGINEERS - COLD REGION RESEARCH AND ENGINEER LABORATORYentered 2015-09-28

  Primary law: CAA

  Federal penalty: $85,059

Timeline (3 milestones)

• 2015-09-28Final Order Issued
• 2015-09-28Complaint Filed/Proposed Order
• 2015-09-29Enforcement Action Data Entered