EPA v. UNITED STATES DEPARTMENT OF THE ARMY/UNITED STATES ARMY GARRISON, REDSTONE ARSENAL

Case summary

10/12/17 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $44,800. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: BASED ON EPA'S COMPLIANCE MONITORING INVESTIGATION, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED THE CODIFIED RULES GOVERNING THE ACT'S CHEMICAL ACCIDENT PREVENTION PROVISIONS, BECAUSE RESPONDENT DID NOT ADEQUATELY IMPLEMENT PROVISIONS OF 40 CFR SECTION 68.65(d)(2). FAILED TO DOMENT THAT EQUIPMENTCOMPLIES WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES AS REQUIRED BY 40 CFR SECTION 68.65(d)(2); FAILED TO RETAIN PROCESS HAZARD ANALYSES AND UPDATES OR REVALIDATIONS FOR EACH PROCESS AS REQUIRED BY 40 CFR SECTION 68.67(g); FAILED TO DEVELOP AND IMPLEMENT WRITTEN OPERATING PROCEDURES THAT PROVIDE INSTRUCTIONS OR STEPS FOR CONDUCTING ACTIVITIES ASSOCIATED WITH THE COVERED PROCESS CONSISTENT WITH THE SAFETY INFORMATION AS REQUIRED BY 40 CFR SECTION 68.69(a); FAILED TO PERFORM INSPECTIONS AND TESTS ON PROCESS EQUIPMENT AS REQUIRED BY 40 CFR SECTION 68.73(d)(1); FAILED TO CERTIFY THAT THE FACILITY HAS EVALUATED COMPLIANCE WITH THE PROVISIONS OF THE PREVENTION PROGRAM AT LEAST EVERY THREE YEARS TO VERIFY THAT THE DEVELOPED PROCEDURES AND PRACTICES ARE ADEQUATE AND BEING FOLLOWED AS REQUIRED BY 40 CFR SECTION 68.79(a); FAILED TO CONSULT WITH EMPLOYEES AND THEIR REPRESENTATIVES ON THE CONDUCT AND DEVELOPMENT OR PROCESS HAZARDS ANALYSES AND ON THE DEVELOPMENT OF THE OTHER ELEMENTS OF PROCESS SAFETY MANAGEMENT AS REQUIRED BY 40 CFR SECTION 68.83(b).

Defendants (1)

• UNITED STATES ARMY GARRISON-REDSTONE ARSENALNamed in complaintNamed in settlement

Facilities (18)

• US ARMY - REDSTONE ARSENAL GARRISON

  4488 MARTIN RD, HUNTSVILLE, AL, 35898

  Registry ID: 110001147394

• US ARMY - REDSTONE ARSENAL GARRISON

  4488 MARTIN RD, HUNTSVILLE, AL, 35898

  Registry ID: 110001147394

• US ARMY - REDSTONE ARSENAL GARRISON

  4488 MARTIN RD, HUNTSVILLE, AL, 35898

  Registry ID: 110001147394

• US ARMY - REDSTONE ARSENAL GARRISON

  4488 MARTIN RD, HUNTSVILLE, AL, 35898

  Registry ID: 110001147394

• US ARMY - REDSTONE ARSENAL GARRISON

  4488 MARTIN RD, HUNTSVILLE, AL, 35898

  Registry ID: 110001147394

• US ARMY - REDSTONE ARSENAL GARRISON

  4488 MARTIN RD, HUNTSVILLE, AL, 35898

  Registry ID: 110001147394

• US ARMY - REDSTONE ARSENAL GARRISON

  4488 MARTIN RD, HUNTSVILLE, AL, 35898

  Registry ID: 110001147394

• US ARMY - REDSTONE ARSENAL GARRISON

  4488 MARTIN RD, HUNTSVILLE, AL, 35898

  Registry ID: 110001147394

• US ARMY - REDSTONE ARSENAL GARRISON

  4488 MARTIN RD, HUNTSVILLE, AL, 35898

  Registry ID: 110001147394

• US ARMY - REDSTONE ARSENAL GARRISON

  4488 MARTIN RD, HUNTSVILLE, AL, 35898

  Registry ID: 110001147394

• US ARMY - REDSTONE ARSENAL GARRISON

  4488 MARTIN RD, HUNTSVILLE, AL, 35898

  Registry ID: 110001147394

• US ARMY - REDSTONE ARSENAL GARRISON

  4488 MARTIN RD, HUNTSVILLE, AL, 35898

  Registry ID: 110001147394

• US ARMY - REDSTONE ARSENAL GARRISON

  4488 MARTIN RD, HUNTSVILLE, AL, 35898

  Registry ID: 110001147394

• US ARMY - REDSTONE ARSENAL GARRISON

  4488 MARTIN RD, HUNTSVILLE, AL, 35898

  Registry ID: 110001147394

• US ARMY - REDSTONE ARSENAL GARRISON

  4488 MARTIN RD, HUNTSVILLE, AL, 35898

  Registry ID: 110001147394

• …and 3 more

Statutes cited

• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (1)

• UNITED STATES DEPARTMENT OF THE ARMY/UNITED STATES ARMY GARRISON, REDSTONE ARSENALentered 2017-10-12

  Primary law: CAA

  Federal penalty: $44,800

Timeline (4 milestones)

• 2017-10-12Complaint Filed/Proposed Order
• 2017-10-12Final Order Issued
• 2017-10-19Enforcement Action Closed
• 2017-10-30Enforcement Action Data Entered