EPA v. HUNTINGTON INGALLS INCORPORATED NEWPORT NEWS SHIPBUILDING

Case summary

REGION III FILED A CONSENT AGREEMENT AND FINAL ORDER REGARDING VIOLATIONS OF SECTION 313 OF THE EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT OF 1986 ( EPCRA ), 42 U.S.C. SECTION 11023, BY HUNTINGTON INGALLS INCORPORATED NEWPORT NEWS SHIPBUILDING DIVISION ( RESPONDENT ) AT ITS MANUFACTURING FACILITY LOCATED 4101 WASHINGTON AVENUE, NEWPORT NEWS, VIRGINIA 23607 ( FACILITY ). DURING CALENDAR YEARS 2011 THROUGH 2013, THE FACILITY OTHERWISE USED BENZO(G,H,I)PERYLENE AS PART OF ITS OPERATIONS IN BUILDING SHIPS AND SUBMARINES. DURING CALENDAR YEAR 2013, THE FACILITY ALSO OTHEREWISE USED ETHYLBENZENE AND POLYCYCLIC AROMATIC COMPOUNDS AS PART OF ITS OPERATIONS IN BUIDLING SHIP AND SUBMARINES. THIS CAFO RESOLVES VIOLATIONS DISCOVERED BY EPA DURING A JUNE 4, 2015 INSPECTION OF RESPONDENT'S FACILITY TO REVIEW COMPLIANCE WITH EPCRA SECTION 313 REPORTING REQUIREMENTS. IN REVIEWING THE FACILITY'S OPERATING RECORDS, THE INSPECTOR DETERMINED THAT RESPONDENT HAD OTHERWISE USED MORE THAN 10 POUNDS OF BENZO(G,H,I)PERYLENE IN CALENDARS YEARS 2011 THROUGH 2013, MORE THAN 25,000 POUNDS OF ETHYLBENZENE IN CALENDAR YEAR 2013 WITHOUT TIMELY FILING FORM RS OR FORM AS WITH BOTH EPA AND THE COMMONWEALTH OF VIRGINIA AS REQUIRED BY SECTION OF 313 OF EPCRA AND THE ASSOCIATED FEDERAL PENALTY OF $37,556.00 AND PERFORM AN EMERGENCY PLANNING AND PREPAREDNESS SUPPLEMENTAL ENVIRONMENTAL PROJECT REQUIRING IT SPENT AT LEAST $113,103.00 TO ENHANCED THE NEWPORT NEWS FIRE DEPARTMENT'S ABILITY TO RESPOND TO HAZARDOUS CHEMICAL INCIDENTS AND OTHER COMMUNITY EMERGENCIES IN ORDER TO RESOLVE THESE VIOLATIONS OF EPCRA SECTION 313 AND THE ASSOCIATED FEDERAL REGULATIONS. OF 40 C.F.R. PART 372.

Defendants (1)

• HUNTINGTON INGALLS INCORPORATED - NEWPORT NEWS SHINamed in complaintNamed in settlement

Facilities (1)

• HUNTINGTON INGALLS- NEWPORT NEWS SHIPBUILDING

  4101 WASHINGTON AVE., NEWPORT NEWS, VA, 23607

  Registry ID: 110020673378

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• HUNTINGTON INGALLS INCORPORATED NEWPORT NEWS SHIPBUILDINGentered 2016-09-27

  Primary law: EPCRA

  Federal penalty: $37,556 · SEP: $113,103

Timeline (3 milestones)

• 2016-09-27Final Order Issued
• 2016-09-27Complaint Filed/Proposed Order
• 2016-09-30Enforcement Action Data Entered