EPA v. U.S. DEPT OF THE ARMY AND BAE SYSTEMS, ORDNANCE SYSTEMS INC. (RADFORD ARMY AMMUNITION PLANT)

Case summary

Following a multimedia inspection at the Radford Army Ammunition Plant in 2014, EPA commenced an enforcement action against the U.S. Army and its operating contractor at the time of the violations. BAE Systems. Ordnance Systems Inc. The violations addressed in the Consent Agreement and Final Order include hazardous waste generator requirements. EPCRA reporting requirements, Clean Water Act permit violations and Clean Air Act operating permit requirements. On January 23, 2018. EPA Region Ill tiled a Consent Agreement and final Order (CAFO) regarding the Radford Army Ammunition Plant in Radford. Virginia. The respondents to the CAFO are the U.S. Department of the Army (Army) and BAE Systems. Ordnance Systems Inc. (BAE, the operating contractor for the facility) and the CAFO addresses alleged violations across a number of different media. The EPA inspections which lead to the discovery of the violations and this subsequent enforcement action should lead to enhanced compliance at a facility of significant environmental concern for its surrounding community. The CAFO addresses violations of RCRA Subtitle C requirements (violation of generator requirements and of its storage permit ). EPCRA (form R violation). CWA (violation of its NP DES permit) and the CAA (violat7 ion of its Title V permit). The settlement requires a payment of $279.700 and that the parties seek modification of the facility's RCRA permit with respect to one aspect of storage of tenant waste at the facility's permitted storage area. The CAFO was subject to public comment by virtue of the CWA allegations and no public comments were received. Throughout the entire enforcement process. Region III's coordinated with the Virginia Department of Environmental Quality (VADEQ) and VADEQ is supportive or Region lll's efforts. This is the second recent settlement regarding this facility. as in September 2017. EPA entered into a CAFO with the Army and Alliant Techsystems Operations LLC (the operating contractor for the facility prior to BAE).

Defendants (1)

• U.S. DEPT OF THE ARMY AND BAE SYSTEMS, ORDNANCE SYNamed in complaintNamed in settlement

Facilities (2)

• RADFORD ARMY AMMUNITION PLANT

  STATE ROUTE 114, RADFORD, VA, 24143-0100

  Registry ID: 110000601867

• RADFORD ARMY AMMUNITION PLANT

  STATE ROUTE 114, RADFORD, VA, 24143-0100

  Registry ID: 110000601867

Statutes cited

• CWA 301/402 — NPDES Permit Violations
• EPCRA 313 — Toxic Chemical Release Reporting (TRI)
• CAA 118D — Federal Facility Motor Vehicles
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• CAA 502 — Operating Permits (Title V)

Enforcement conclusions (1)

• U.S. DEPT OF THE ARMY AND BAE SYSTEMS, ORDNANCE SYSTEMS INC. (RADFORD ARMY AMMUNITION PLANT)entered 2018-01-23

  Primary law: CAA

  Federal penalty: $279,700

Timeline (4 milestones)

• 2018-01-23Complaint Filed/Proposed Order
• 2018-01-23Final Order Issued
• 2018-02-09Enforcement Action Data Entered
• 2025-07-10Enforcement Action Closed