EPA v. BAE SYSTEMS ORDNANCE SYSTEMS, INC., HOLSTON ARMY AMMUNITION PLANT (FF)

Case summary

7/18/13 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $32,130, DUE WITHIN 30 DAYS. ALLEGATIONS: ON SEPT 18, 2011, EPA CONDUCTED A MULTI-MEDIA COMPLIANCE EVALUATION INSPECTION (CEI) PURSUANT TO THE FEDERAL FACILITIES ENFORCEMENT OFFICE INSPECTION INITIATIVE AT RESPONDENT'S FACILITY. DURING THE CEI, THE INSPECTION TEAM OBSERVED THAT A CONTAINER STORING EXPLOSIVE HAZ WASTE IN A SATELLITE ACCUMULATION AREA WAS IN POOR CONDITION (BULDGING AT THE BOTTOM). BECAUSE RESPODNENT FAILED TO COMPLY WITH THE REQUIREMENTS OF TRC 1200-01-11.03(4)(e)2 (40 CFR 262.34(c)(3) BY FAILING TO ENSURE THAT CONTAINERS STORING HAZ WASTE IN A SATELLITE ACCUMULATION AREA ARE IN GOOD CONDITION RESPONDENT VIOLATED RCRA 3005. DURING THE CEI, THE INSPECTION TEAM OBSERVED THAT A CONTAINER STORING USED OIL AT THE STEAM PLANT WAS IN POOR CONDITION (BULGING AT THE TOP). EPA ALLEGES THAT RESPONDENT VIOLATED 40 CFR 279.22(b) BY FAILING TO ENSURE THAT CONTAINERS STORING USED OIL ARE IN GOOD CONDITION. DURING THE CEI THE INSPECTION TEAM DISCOVERED THAT RESPONDENT HAD FAILED TON CONDUCT ADEQUATE WASTE DETERMINATION ON TEH FOLLOWING SOLID WASTES (i) EXPLOSIVE-CONTAMINATED USED OIL STORED IN AREA B BETWEEN BUILDINGS 156 AND 157; (ii) AN UNLABELED WASTE DRUM CONTAINING POTENTIALLY CONTAMINATED RESIDUES FROM SOIL SAMPLING CONDUCTED AT THE BURNING GROUND; AND (iii) DMSO-ACETONE WASTE GENERATED FOR THE FIRST TIME AT AREA B AGILE MANUFACTURING (G-10). EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED 40 CFR 262.11 BY FAILING TO MAKE ADEQUATE HAZARDOUS WASTE DETERMINATIONS ON THE SOLID WASTE. DURING THE CEI, THE INSPECTION TEAM DISCOVERED THAT RESPONDENT HAD FAILED TO CONDUCT AND RECORD INSPECTIONS OF THE MISCELLANEOUS UNIT IN ACCORDANCE WITH THE INSPECTION CHECKLIST INCLUDED AS ATTACHMENT 4 OF THE PERMIT (AS SPECIFICALLY REQUIRED BY PERMIT CONDITION III.F.11). EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED 40 CFR 270.30 BY FAILING TO COMPLY WITH PERMIT CONDITION III.F.11. DURING THE CEI THE INSPECTION TEAM DISCOVERED THAT RESPONDENT HAD FAILED TO MAINTAIN, CALIBRATE AND OPERATE PROCESS MONITORING, CONTROL AND RECORDING EQUIPMENT CONSISTENT WITH ATTACHMENT 8 OF THE PERMIT (AS SPECIFICALLY REQUIRED BY PERMIT CONDITION III.E.2). EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED 40 CFR 270.30 BY FAILING TO COMPLY WITH PERMIT CONDITION III.E.2.

Defendants (2)

• HOLSTON ARMY AMMUNITION PLANTNamed in complaintNamed in settlement
• BAE SYSTEMS ORDNANCE SYSTEM INC.Named in complaintNamed in settlement

Facilities (4)

• US ARMY HOLSTON ARMY AMMUNITION PLANT

  4509 W STONE DR, KINGSPORT, TN, 37660

  Registry ID: 110000372285

• US ARMY HOLSTON ARMY AMMUNITION PLANT

  4509 W STONE DR, KINGSPORT, TN, 37660

  Registry ID: 110000372285

• US ARMY HOLSTON ARMY AMMUNITION PLANT

  4509 W STONE DR, KINGSPORT, TN, 37660

  Registry ID: 110000372285

• US ARMY HOLSTON ARMY AMMUNITION PLANT

  4509 W STONE DR, KINGSPORT, TN, 37660

  Registry ID: 110000372285

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste
• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste

Enforcement conclusions (1)

• BAE SYSTEMS ORDNANCE SYSTEMS, INC., HOLSTON ARMY AMMUNITION PLANT (FF)entered 2013-07-18

  Primary law: RCRA

  Federal penalty: $32,130

Timeline (4 milestones)

• 2013-07-18Final Order Issued
• 2013-07-18Complaint Filed/Proposed Order
• 2013-07-30Enforcement Action Data Entered
• 2013-08-06Enforcement Action Closed