EPA v. GALLAUDET UNIVERSITY

Case summary

On March 17, 2023, Region 3 filed a Consent Agreement and Final Order, simultaneously commencing and concluding an administrative enforcement action, against Gallaudet University for RCRA I and DC federally authorized underground storage tank program violations by its UST facility located at 800 Florida Avenue, NE, Washington, DC 20002 (the Facility ). The Facility primarily provides fuel to university personnel's vehicles through its two 10,000-gallon USTs. The violations alleged include failure to conduct tank release detection for one of its USTs, failure to report a suspected release within 24 hours to the DC Department of Energy and Environment ( DOEE ), and failure to immediately investigate and confirm each suspected release of a regulated substance within seven days. Violations such as these can potentially lead to petroleum product leaks which can be harmful to both human health and the environment. The settlement required the Facility to certify that it is now in compliance with applicable UST requirements and to pay a $35,000 penalty. The Facility is located in an area of potential EJ concern. EPA notified DOEE in advance of this action, and DOEE had no objections. On March 24, 2022, EPA Region 3 issued to Gallaudet University a Notice of Potential Violations and Opportunity to Confer (NOPVOC) letter to Gallaudet University for RCRA I violations by its UST facility located at 800 Florida Avenue, NE, Washington, DC 20002. The Facility primarily provides fuel to university personnel?s vehicles through its two 10,000-gallon USTs. Based on information obtained from Gallaudet's June 29, 2021, Response to EPA?s August 31, 2020, information request letter, from subsequent EPA correspondences with Gallaudet and Gallaudet?s contractors, and from subsequent EPA correspondences with the DC Department of Energy and Environment (DOEE), EPA found potential violations of RCRA I and DC USTs regulations. These include failure to conduct tank release detection on one of its UST, failure to report a suspected release within 24 hours to DCDOEE, and failure to immediately investigate and confirm each suspected release of a regulated substance within seven days. EPA routinely inspects UST facilities for compliance with RCRA regulations to further the goals of the program (e.g., to prevent releases of regulated substances into the environment). Gallaudet has been invited to discuss these allegations with EPA to obtain resolution without the necessity of a hearing. The Facility is located in an EJ Community of Concern.

Defendants (1)

• GALLAUDET UNIVERSITYNamed in complaintNamed in settlement

Facilities (1)

• GALLAUDET UNIVERSITY

  800 FLORIDA AVENUE NE, WASHINGTON, DC, 20002

  Registry ID: 110029246796

Statutes cited

• RCRA 9003 — UST Release Detection, Prevention, Correction Regulations

Enforcement conclusions (1)

• GALLAUDET UNIVERSITYentered 2023-03-17

  Primary law: RCRA

  Federal penalty: $35,000

Timeline (4 milestones)

• 2023-03-17Complaint Filed/Proposed Order
• 2023-03-17Final Order Issued
• 2023-03-22Enforcement Action Data Entered
• 2023-03-30Enforcement Action Closed