EPA v. U.S. ARMY - REDSTONE ARSENAL (FF)

Case summary

9/1/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $36,801, DUE WITHIN 30 DAYS. RESPONDENT ALSO AGREES TO PERFORM A SEP. ALLEGATION 1: RESPONDENT SUBMITTED ITS PERFORMANCE TEST RESULTS TO ADEM ON JUNE 22, 2007, FOR TESTING CONDUCTED ON MAY 18, 2007. HOWEVER, THE RESPONDENT FAILED TO SUBMIT TO ADEM OR EPA IT COMPLETE NOTIFICATION OF COMPLIANCE STATUS REPORT (NOCSR) WHICH SHOULD HAVE BEEN SUBMITTED BY JULY 18, 2007. THE NOCSR SHOULD ALSO INCLUDE: METHODS USED TO DETERMINE COMPLIANCE; RESULTS OF THE PERFORMANCE TEST; METHODS(S) USED TO DETERMINE CONTINUING COMPLIANCE; TYPE AND QUANTITY OF HAPs EMITTED BY A SOURCE; DESCRIPTION OF AIR POLLUTION CONTROL EQUIPMENT FOR EACH EMISSION POINT AND CONTROL EFFICIENCY; AND A STATEMENT BY THE OWNER/OPERATOR THAT THE SOURCE HAS COMPLIED WITH THE RELEVANT STANDARD. EPA ALLEGES THAT THE RESPONDENT FAILED TO INCLUDE ALL COMPONENTS OF THE NOCSR AND THIS THEREBY IN VIOLATION OF 40 CFR 63.6645(f)(2). ALLEGATION 2: DURING AN INSPECTION BY ADEM ON SEPT 11, 2007, IT IS NOTED THAT PEAK SHAVING GENERATORS WERE OPERATING THAT THE CPMS FOR EACH RECIPROCATING INTERNAL COMBUSTION ENGINE (RICE) WAS NOT FUNCTIONING. AS A RESULT, RECORDS OF THE CATALYST TEMPERATURE DATA WERE UNAVAILABLE AT THE TIME OF THE INSPECTION. EPA ALLEGES THAT THE RESPONDENT FAILED TO CONTINUOUSLY MONITOR THE CATALYST INLET TEMPERATURE AND IS THEREBY IN VIOLATION OF TITLE V PERMIT NO. 0007, PROVISO NO. 2 AND 40 CFR 63.6625. ALLEGATION 3: INITIAL COMPLIANCE TESTING FOR THE GENERATORS DID NOT INDICATE THAT OPERATING LIMITATIONS WERE ESTABLISHED IN A MANNER IN WHICH THE PRESSURE DROP ACROSS THE CATALYST WAS MEASURED AND MAINTAINED WITHIN THE REQUIRED PARAMETERS. THE INLET TEMPERATURE OF THE CATALYST FOR EACH STATIONARY RICE WAS ALSO NOT MEASURED WITHIN THE 450 DEGREE TO 1350 DEGREE RANGE. EPA ALLEGES THAT THE RESPONDENT FAILED TO ESTABLISH OPERATING LIMITS FOR EACH STATIONARY RICE AND IS THEREBY IN VIOLATION OF PROVISO NO. 2 OF PERMIT NO. 0007, 40 CFR 63.6600(b) AND 40 CFR 63.6630(b). ALLEGATION 4: THE RESPONDENT'S FIRST SEMI-ANNUAL REPORTING PERIOD ENDED ON JUNE 30, 2007. THE RESPONDENT SENT IN ITS FIRST SEMI-ANNUAL REPORT TO ADEM ON DEC 6, 2007. IN THE CASE OF REDSTONE ARSENAL, THE FIRST SEMI-ANNUAL REPORT WAS TO BE POSTMARKED OR DELIVERED ON JULY 31, 20067. EPA ALLEGES THAT RESPONDENT FAILED TO SUBMIT ITS SEMI-ANNUAL REPORT ON OR BEFORE THE DUE DATE AND IS THEREFORE IN VIOLATION OF 40 CFR 63.6650(b)(4). ALLEGATION 5: EPA ALLEGES THAT RESPONDENT SUBMITTED THE TITLE V ANNUAL CERTIFICATION TO ADEM ON AUG 23, 2007, CERTIFYING THAT THE SOURCE WAS IN CONTINUOUS COMPLIANCE WITH THE RECORDKEEPING AND REPORTING REQUIREMENTS. RESPONDENT VIOLATED PROVISO NO. 12 OF ITS APPLICABLE TITLE V PERMIT BY INCORRECTLY CERTIFYING THAT COMPLIANCE WAS CONTINUOUS.

Defendants (1)

• U.S. ARMY - REDSTONE ARSENALNamed in complaintNamed in settlement

Facilities (18)

• REDSTONE ARSENAL

  4488 MARTIN ROAD ATTN: IMSE-RE, REDSTONE ARSENAL, AL, 35898

  Registry ID: 110001147394

• REDSTONE ARSENAL

  4488 MARTIN ROAD ATTN: IMSE-RE, REDSTONE ARSENAL, AL, 35898

  Registry ID: 110001147394

• REDSTONE ARSENAL

  4488 MARTIN ROAD ATTN: IMSE-RE, REDSTONE ARSENAL, AL, 35898

  Registry ID: 110001147394

• REDSTONE ARSENAL

  4488 MARTIN ROAD ATTN: IMSE-RE, REDSTONE ARSENAL, AL, 35898

  Registry ID: 110001147394

• REDSTONE ARSENAL

  4488 MARTIN ROAD ATTN: IMSE-RE, REDSTONE ARSENAL, AL, 35898

  Registry ID: 110001147394

• REDSTONE ARSENAL

  4488 MARTIN ROAD ATTN: IMSE-RE, REDSTONE ARSENAL, AL, 35898

  Registry ID: 110001147394

• REDSTONE ARSENAL

  4488 MARTIN ROAD ATTN: IMSE-RE, REDSTONE ARSENAL, AL, 35898

  Registry ID: 110001147394

• REDSTONE ARSENAL

  4488 MARTIN ROAD ATTN: IMSE-RE, REDSTONE ARSENAL, AL, 35898

  Registry ID: 110001147394

• REDSTONE ARSENAL

  4488 MARTIN ROAD ATTN: IMSE-RE, REDSTONE ARSENAL, AL, 35898

  Registry ID: 110001147394

• REDSTONE ARSENAL

  4488 MARTIN ROAD ATTN: IMSE-RE, REDSTONE ARSENAL, AL, 35898

  Registry ID: 110001147394

• REDSTONE ARSENAL

  4488 MARTIN ROAD ATTN: IMSE-RE, REDSTONE ARSENAL, AL, 35898

  Registry ID: 110001147394

• REDSTONE ARSENAL

  4488 MARTIN ROAD ATTN: IMSE-RE, REDSTONE ARSENAL, AL, 35898

  Registry ID: 110001147394

• REDSTONE ARSENAL

  4488 MARTIN ROAD ATTN: IMSE-RE, REDSTONE ARSENAL, AL, 35898

  Registry ID: 110001147394

• REDSTONE ARSENAL

  4488 MARTIN ROAD ATTN: IMSE-RE, REDSTONE ARSENAL, AL, 35898

  Registry ID: 110001147394

• REDSTONE ARSENAL

  4488 MARTIN ROAD ATTN: IMSE-RE, REDSTONE ARSENAL, AL, 35898

  Registry ID: 110001147394

• …and 3 more

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• U.S. ARMY - REDSTONE ARSENAL (FF)entered 2010-09-01

  Primary law: CAA

  Federal penalty: $36,801 · SEP: $150,000

Timeline (4 milestones)

• 2010-09-01Complaint Filed/Proposed Order
• 2010-09-01Final Order Issued
• 2010-09-02Enforcement Action Data Entered
• 2010-12-08Enforcement Action Closed