EPA v. Fort Wainwright Army Garrison (FF)

Case summary

On December 4, 2017, Region 10 filed a consent agreement and final order to address Resource Conservation and Recovery Act (RCRA) violations by the US Army at Fort Wainwright (AK) after the parties engaged in pre-filing settlement discussions. The violations which were discovered by a June 2015, inspection include: (1) failure to make a hazardous waste determination, (2) failure to comply with the conditions to operate without a permit or interim status, (3) storage of hazardous waste for over 90 days without a permit or interim status; and (4) failure to comply with used oil requirements. As part of the settlement, Fort Wainwright has agreed to perform a Supplemental Environmental Project (SEP) estimated to cost $273,000 and pay a $32,000 penalty. The SEP consists of two projects involving the recycling of hazardous and non-hazardous antifreeze waste and the using an advanced system for aerosol can depressurizing. The SEP is estimated to annually divert 11,000 lbs of hazardous waste and 43,000 lbs of non-regulated used antifreeze waste from the waste streams that were historically shipped off-site for disposal. The aerosol can program will increase metal recycling and it will reduce the fugitive emissions caused by the management of pressurized aerosol cans since the system does not rely on clamps and O-rings like typical aerosol can puncturing systems. Based on this enforcement action, the Army at Fort Wainwright has hired an employee dedicated to RCRA and spent over $364,000 coming into compliance with RCRA. EPA performed the inspection and took an enforcement action in this case since Alaska is not authorized for RCRA. On September 11, 2018, Region 10 demanded a stipulated penalty of $87,000 for failure to comply with the SEP and meet the requirements of the CAFO.

Defendants (1)

• US Department of the ArmyNamed in complaintNamed in settlement

Facilities (15)

• DOYON UTILITIES, LLC / FORT WAINWRIGHT (PRIVATIZED EMISSION UNITS)

  3595 OAK AVE, FORT WAINWRIGHT, AK, 99703

  Registry ID: 110070828170

• DOYON UTILITIES, LLC / FORT WAINWRIGHT (PRIVATIZED EMISSION UNITS)

  3595 OAK AVE, FORT WAINWRIGHT, AK, 99703

  Registry ID: 110070828170

• DOYON UTILITIES, LLC / FORT WAINWRIGHT (PRIVATIZED EMISSION UNITS)

  3595 OAK AVE, FORT WAINWRIGHT, AK, 99703

  Registry ID: 110070828170

• DOYON UTILITIES, LLC / FORT WAINWRIGHT (PRIVATIZED EMISSION UNITS)

  3595 OAK AVE, FORT WAINWRIGHT, AK, 99703

  Registry ID: 110070828170

• DOYON UTILITIES, LLC / FORT WAINWRIGHT (PRIVATIZED EMISSION UNITS)

  3595 OAK AVE, FORT WAINWRIGHT, AK, 99703

  Registry ID: 110070828170

• DOYON UTILITIES, LLC / FORT WAINWRIGHT (PRIVATIZED EMISSION UNITS)

  3595 OAK AVE, FORT WAINWRIGHT, AK, 99703

  Registry ID: 110070828170

• DOYON UTILITIES, LLC / FORT WAINWRIGHT (PRIVATIZED EMISSION UNITS)

  3595 OAK AVE, FORT WAINWRIGHT, AK, 99703

  Registry ID: 110070828170

• DOYON UTILITIES, LLC / FORT WAINWRIGHT (PRIVATIZED EMISSION UNITS)

  3595 OAK AVE, FORT WAINWRIGHT, AK, 99703

  Registry ID: 110070828170

• DOYON UTILITIES, LLC / FORT WAINWRIGHT (PRIVATIZED EMISSION UNITS)

  3595 OAK AVE, FORT WAINWRIGHT, AK, 99703

  Registry ID: 110070828170

• DOYON UTILITIES, LLC / FORT WAINWRIGHT (PRIVATIZED EMISSION UNITS)

  3595 OAK AVE, FORT WAINWRIGHT, AK, 99703

  Registry ID: 110070828170

• DOYON UTILITIES, LLC / FORT WAINWRIGHT (PRIVATIZED EMISSION UNITS)

  3595 OAK AVE, FORT WAINWRIGHT, AK, 99703

  Registry ID: 110070828170

• DOYON UTILITIES, LLC / FORT WAINWRIGHT (PRIVATIZED EMISSION UNITS)

  3595 OAK AVE, FORT WAINWRIGHT, AK, 99703

  Registry ID: 110070828170

• DOYON UTILITIES, LLC / FORT WAINWRIGHT (PRIVATIZED EMISSION UNITS)

  3595 OAK AVE, FORT WAINWRIGHT, AK, 99703

  Registry ID: 110070828170

• DOYON UTILITIES, LLC / FORT WAINWRIGHT (PRIVATIZED EMISSION UNITS)

  3595 OAK AVE, FORT WAINWRIGHT, AK, 99703

  Registry ID: 110070828170

• DOYON UTILITIES, LLC / FORT WAINWRIGHT (PRIVATIZED EMISSION UNITS)

  3595 OAK AVE, FORT WAINWRIGHT, AK, 99703

  Registry ID: 110070828170

Statutes cited

• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (2)

• Fort Wainwright Army Garrison (FF)entered 2018-09-11

  Primary law: RCRA

  Federal penalty: $87,000

• Fort Wainwright Army Garrison (FF)entered 2017-12-04

  Primary law: RCRA

  Federal penalty: $32,000 · SEP: $164,257

Timeline (5 milestones)

• 2017-11-06Enforcement Action Data Entered
• 2017-12-04Complaint Filed/Proposed Order
• 2018-09-11Final Order Issued
• 2018-09-11Demand for Stipulated Penalties
• 2022-07-05Enforcement Action Closed