EPA v. BAE SYSTEMS ORDNANCE SYSTEMS, INC.

Case summary

8/6/19 - CONSENT AGREEMENT ISSUED, ASSESSING A PENALTY OF $18,694 DUE WITHIN 30 DAYS. RESPONDENT ALSO AGREES TO PERFORM A SEP. VIOLATIONS: BASED ON EPA'S COMPLIANCE MONITORING INVESTIGATION, EPA ALLEGES RESPONDENT VIOLATED THE CODIFIED RULES GOVERNING THE CAA'S CHEMICAL ACCIDENT PREVENTION PROVISIONS, BECAUSE RESPONDENT DIDNOT ADEQUATELY IMPLEMENT PROVISIONS OF 40 CFR PART 68 WHEN IT: - FAILED TO MAINTAIN RECORDS ON THE RATIONALE FOR SELECTING WORST CASE SCENARIOS USED IN OFFSITE CONSEQUENCE ANALYSES AS REQUIRED BY 40 CFR 68.39(a); - FAILED TO INCLUDE CERTAIN COMPLETE P&IDs IN THE COMPILATION OF PSI AS REQUIRED BY 40 CFR 68.65(d)(1)(ii); - FAILED TO INCLUDE CERTAIN SAFETY SYSTEMS IN THE COMPILATION OF PSI AS REQUIRED BY 40 CFR 68.65(d)(1)(viii); - FAILED TO DOCUMENT THAT EQUIPMENT COMPLIES WITH RECOGNIZED AND GENERALLY ACCEPTED GOOD ENGINEERING PRACTICES AS REQUIRED BY 40 CFR 68.65(d)(2); - FAILED TO ESTABLISH A SYSTEM TO PROMPTLY ADDRESS THE PHA TEAM'S FINDING AND RECOMMENDATIONS; ASSURE THAT THE RECOMMENDATIONS ARE RESOLVED IN A TIMELY MANNER AND THAT THE RESOLUTION IS DOCUMENTED; DOCUMENT WHAT ACTIONS ARE TO BE TAKEN; COMPLETE ACTIONS AS SOON AS POSSIBLE; DEVELOP A WRITTEN SCHEDULE OF WHEN ACTIONS ARE TO BE COMPLETED; COMMUNICATE THE ACTIONS TO OPERATING, MAINTENANCE AND OTHER EMPLOYEES WHOSE WORK ASSIGNMENTS ARE IN THE PROCESS AND WHO MAY BE AFFECTED BY THE RECOMMENDATIONS OR ACTIONS AS REQUIRED BY 40 CFR 68.67(e); AND - FAILED TO FOLLOW RAGAGEP IN ITS INSPECTION AND TESTING PROCEDURES AND FAILED TO BE CONSISTENT WITH APPLICABLE MANUFACTURERS' RECOMMENDATIONS AND GOOD ENGINEERING PRACTICES IN REGARDS TO THE FREQUENCY OF INSPECTIONS AND TESTS AS REQUIRED BY 40 CFR 68.73(d)(2) AND 68.73(d)(3).

Defendants (1)

• BAE SYSTEMS ORDNANCE SYSTEMS, 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

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

Enforcement conclusions (1)

• BAE SYSTEMS ORDNANCE SYSTEMS, INC.entered 2019-08-26

  Primary law: CAA

  Federal penalty: $18,694 · SEP: $69,938

Timeline (4 milestones)

• 2019-08-26Final Order Issued
• 2019-08-26Complaint Filed/Proposed Order
• 2019-08-29Enforcement Action Data Entered
• 2019-09-25Enforcement Action Closed