EPA v. NASA (WALLOPS FLIGHT FACILITY)

Case summary

On September 30, 2020, Region III issued a Federal Facility Compliance Agreement ( FFCA ) with the National Aeronautics and Space Administration ( NASA or Respondent ), which owns and operates a rocket launch site to support science and exploration missions for NASA and other Federal agencies known as the Wallops Flight Center and located at 34200 Fulton Street, Wallops Island, Virginia 23337 (the Facility ). The basis of the FFCA is Respondent's violation of requirements found in federally enforceable regulations promulgated under the Clean Air Act ( the Act or CAA ), 42 U.S.C. 7401-7671q, in particular, the National Emission Standard for Hazardous Air Pollutants ( NESHAP ) for Reciprocating Internal Combustion Engines ( RICE ), 40 CFR Part 63, Subpart ZZZZ ( the RICE rule ). The failure to meet these requirements was identified by a compliance evaluation conducted by the EPA at the Facility on April 16, 2015, and subsequent information requests. The specific provisions alleged to have been violated include Respondent's failure, in calendar years 2016 and 2019, to comply with the non-emergency use limitations in 40 C.F.R. 60.4211(f), which constituted violations of 40 C.F.R. 60.4211 and 40 C.F.R. 63.6590(c)(1), which are enforceable by EPA as violations of the Act pursuant to Section 113(a)(3), 42 U.S.C. 7413(a)(3). The actions ordered pursuant to the FFCA include requirements to operate the Subject Generators at the Facility only during the Terminal Count of the launch sequence through the point at which the public safety is assured during vehicle flight; submit a Compliance Plan for EPA approval that describes how NASA will proceed in the event that annual use thresholds set forth in the FFCA are met or are at risk of being met, which shall describe alternative power source(s) which may be used exclusively, or in conjunction with each other, to avoid an exceedance of applicable regulatory requirements; incorporation of the Compliance Program into the FFCA upon approval; reporting requirements related to the foregoing; and a requirement that Respondent seek modification of its Virginia air permits to incorporate as applicable requirements the requirements of the FFCA. EPA's Federal Facility Enforcement Office was consulted with, and extensively commented on the FFCA.

Defendants (1)

• NASANamed in settlement

Facilities (2)

• NASA WALLOPS FLIGHT FACILITY

  34200 FULTON STREET, WALLOPS ISLAND, VA, 23337

  Registry ID: 110000607488

• NASA WALLOPS-ISLAND

  ISLAND FACILITY, ACCOMAC, VA, 23337

  Registry ID: 110000607488

Statutes cited

• CAA 112 — Hazardous Air Pollutants
• CAA 111 — New Source Performance Standards

Enforcement conclusions (1)

• NASA (WALLOPS FLIGHT FACILITY)entered 2020-09-30

  Primary law: CAA

Timeline (2 milestones)

• 2020-09-30Final Order Issued
• 2020-10-05Enforcement Action Data Entered