EPA v. NAVAL SURFACE WARFARE CENTER, CRANE DIVISION

Case summary

Region 5 filed a Consent Agreement and Final Order (CAFO) commencing and concluding an action against the U.S. Department of the Navy (Navy) under the Resource Conservation and Recovery Act (RCRA). The Naval Surface Warfare Center, Crane Division is a Navy division that operates a military engineering and technical support facility at 300 U.S. Highway 361, Crane, Indiana. Approximately 3,100 personnel are employed at the facility. Based on a 2016 inspection, EPA alleges that the Navy was storing wet carbon filter materials and carbon filter bags contaminated with D006 and D007 hazardous wastes on the concrete floor of a plating operation for de-watering and discharge into the facility?s wastewater collection system. The wastes were not stored in containers or tanks, on drip pads, or in a containment building, as required by 40 C.F.R. ? 262.34(a)(1) (2016). The Navy has agreed to implement a Supplemental Environmental Project (SEP) and pay $2,072 in cash penalty. A continuous pH monitoring system will be installed in the wastewater collection system to provide early warning of excessive corrosivity and allow facility personnel to take action to protect the wastewater treatment process. The SEP cost is estimated to be $28,400. The carbon filter hazardous wastes were characteristic for toxicity and therefore regulated under RCRA. The alleged violation caused worker and human exposure to un-containerized hazardous waste, which the RCRA regulation is intended to prevent. The facility now containerizes the materials and certifies that it is in compliance with RCRA. The Indiana Department of Environmental Management (IDEM) is authorized to administer the RCRA program in Indiana. However, the inspection giving rise to this matter was an annual EPA inspection of a federally owned or operated treatment, storage, and disposal facility as mandated by Section 3007(c) of RCRA, 42 U.S.C. ? 6927(c). EPA provided notice of the commencement of this matter to IDEM as required by RCRA, and has received no objections.

Defendants (1)

• U.S.Department of the Navy, Naval Surface WarfareNamed in complaintNamed in settlement

Facilities (1)

• CRANE DIVISION NAVAL SURFACE WARFARE CENTER NSWC CRANE

  300 US HWY 361, CRANE, IN, 47522-4000

  Registry ID: 110000403359

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)

• NAVAL SURFACE WARFARE CENTER, CRANE DIVISIONentered 2018-09-27

  Primary law: RCRA

  Federal penalty: $2,072 · SEP: $34,184

Timeline (3 milestones)

• 2018-09-27Final Order Issued
• 2018-09-27Complaint Filed/Proposed Order
• 2018-10-02Enforcement Action Data Entered