EPA v. ENSIGN-BICKFORD AEROSPACE & DEFENSE COMPANY

Case summary

SEPTEMBER 9, 2024 - CONSENT AGREEMENT On May 04, 2023, the EPA and KYDEP conducted a RCRA compliance evaluation inspection {CEI) )at the Respondent's Facility. The EPA's findings of the CEI were documented in a report electronically mailed to the Respondent on September 26, 2023. The inspectors observed multiple containers of Lead Azide (D002, D008}} hazardous waste with locking rings in the open position and not securely closed in the Multi-Reaction Facility (MRF} 3 CAA. The Respondent failed to provide a weekly inspection record of the Facility's CAAs for the last week of December 2022. It was later determined that weekly inspections were not conducted during the last week of December 2022. The inspectors reviewed daily tank inspection records and observed that the Respondent failed to conduct over 90 daily tank inspections for hazardous waste tank TKS03 and over 100 daily tank inspections for hazardous waste tank TK3000 in 2022. The inspectors found that the Respondent had failed to determine the organic concentration of the hazardous waste contained in or in contact with each piece of equipment in the hazardous waste tank system, to determine whether the equipment contains or contacts hazardous waste with an organic concentration of at least 10 percent by weight in accordance with the Air Emission Standards for Equipment Leaks. The inspectors found that the Respondent had failed to determine the average volatile organic (VO} concentration of hazardous waste stored in the hazardous waste tank system at the point of waste origination in accordance with the Air Emission Standards for Tanks. The inspectors observed a red 30-gallon hazardous waste container marked with a D.O.T. placard for explosives in Building 13's CAA. The container was not labeled with an accumulation start date. The inspectors observed that the Respondent failed to maintain adequate aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment in an emergency in the MRF CAA and the Magazine 3 CAA. The inspectors requested the job titles with associated job descriptions for employees handling hazardous waste at the Facility. The Respondent failed to provide job titles with associated job descriptions for employees handling hazardous waste at the Facility. The inspectors' review of hazardous waste manifests and land disposal restriction notices revealed that the Respondent had failed to submit a land disposal restriction notice for hazardous waste shipped to General Dynamics - Ordinance and Tactical Systems (EPA ID #MOD685798164} located in Joplin, Missouri. The inspectors requested the written assessment of the hazardous waste tank system. The Respondent failed to provide a written assessment reviewed and certified by a qualified Professional Engineer attesting that the tank systems have sufficient structural integrity and are acceptable for the storing and treating of hazardous waste; failed to provide a record of a qualified installation inspector or a qualified Professional Engineer inspecting the tank system or component prior to placing the system into service; and failed to provide a record of testing for tightness prior to a tank system being covered, enclosed, or placed in use. During the Show Cause meeting on November 6, 2023, the Respondent stated that both hazardous waste tanks TKS03 and TK3000 had been placed out of service and would not be placed back into service until both tanks undergo tank assessments by a certified Professional Engineer. The Respondent consents to the payment of a civil penalty, which was calculated in accordance with the Act, in the amount of $110,980.00, which is to be paid within 30 days of the Effective Date of this CAFO.

Defendants (2)

• DEFENSE COMPANYNamed in complaintNamed in settlement
• ENSIGN-BICKFORD AEROSPACENamed in complaintNamed in settlement

Facilities (1)

• ENSIGN BICKFORD AEROSPACE & DEFENSE

  500 BICKFORD RD., GRAHAM, KY, 42344

  Registry ID: 110063153607

Statutes cited

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

Enforcement conclusions (1)

• ENSIGN-BICKFORD AEROSPACE & DEFENSE COMPANYentered 2024-09-09

  Primary law: RCRA

  Federal penalty: $110,980

Timeline (4 milestones)

• 2024-09-09Final Order Issued
• 2024-09-09Complaint Filed/Proposed Order
• 2024-09-16Enforcement Action Closed
• 2024-09-18Enforcement Action Data Entered