OSHA Compliance

Enforcement Case Report


Civil Enforcement Case

Basic Information
  • Case Number: 04-2013-4001
  • Case Name: BAE SYSTEMS ORDNANCE SYSTEMS, INC., HOLSTON ARMY AMMUNITION PLANT (FF)
  • Case Category: Administrative - Formal
  • Case Status (as of 08/06/2013): Closed
  • Case Lead: EPA
  • Court Docket Number: RCRA-04-2013-4001(b)
  • DOJ Docket Number: --
  • Relief Sought: --
  • Enforcement Outcome: Final Order With Penalty
  • Headquarters Division: --
  • Branch: --
  • Result of Voluntary Disclosure?: No
  • Multi-media Case?: --
  • Enforcement Type: RCRA 3008A AO For Comp And/Or Penalty
  • Violations: General Facility Requirements, Labeling/Marking Requirements, Violation Of Req. To Monitior/Maintain Records
Penalties – Case Level
  • Total Federal Penalty Assessed or Agreed To: $32,130
  • Total State/Local Penalty Assessed: $0
  • Total SEP Cost: $0
  • Total Compliance Action Cost: $1,886
  • Total Cost Recovery: $0
Case Summary

7/18/13 - CONSENT AGMT ISSUED, ASSESSING A PENALTY OF $32,130, DUE WITHIN 30 DAYS.ALLEGATIONS:ON SEPT 18, 2011, EPA CONDUCTED A MULTI-MEDIA COMPLIANCE EVALUATION INSPECTION (CEI) PURSUANT TO THE FEDERAL FACILITIES ENFORCEMENT OFFICE INSPECTION INITIATIVE AT RESPONDENT'S FACILITY. DURING THE CEI, THE INSPECTION TEAM OBSERVED THAT A CONTAINER STORING EXPLOSIVE HAZ WASTE IN A SATELLITE ACCUMULATION AREA WAS IN POOR CONDITION (BULDGING AT THE BOTTOM).BECAUSE RESPODNENT FAILED TO COMPLY WITH THE REQUIREMENTS OF TRC 1200-01-11.03(4)(e)2 (40 CFR 262.34(c)(3) BY FAILING TO ENSURE THAT CONTAINERS STORING HAZ WASTE IN A SATELLITE ACCUMULATION AREA ARE IN GOOD CONDITION RESPONDENT VIOLATED RCRA 3005.DURING THE CEI, THE INSPECTION TEAM OBSERVED THAT A CONTAINER STORING USED OIL AT THE STEAM PLANT WAS IN POOR CONDITION (BULGING AT THE TOP).EPA ALLEGES THAT RESPONDENT VIOLATED 40 CFR 279.22(b) BY FAILING TO ENSURE THAT CONTAINERS STORING USED OIL ARE IN GOOD CONDITION.DURING THE CEI THE INSPECTION TEAM DISCOVERED THAT RESPONDENT HAD FAILED TON CONDUCT ADEQUATE WASTE DETERMINATION ON TEH FOLLOWING SOLID WASTES (i) EXPLOSIVE-CONTAMINATED USED OIL STORED IN AREA B BETWEEN BUILDINGS 156 AND 157; (ii) AN UNLABELED WASTE DRUM CONTAINING POTENTIALLY CONTAMINATED RESIDUES FROM SOIL SAMPLING CONDUCTED AT THE BURNING GROUND; AND (iii) DMSO-ACETONE WASTE GENERATED FOR THE FIRST TIME AT AREA B AGILE MANUFACTURING (G-10). EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED 40 CFR 262.11 BY FAILING TO MAKE ADEQUATE HAZARDOUS WASTE DETERMINATIONS ON THE SOLID WASTE.DURING THE CEI, THE INSPECTION TEAM DISCOVERED THAT RESPONDENT HAD FAILED TO CONDUCT AND RECORD INSPECTIONS OF THE MISCELLANEOUS UNIT IN ACCORDANCE WITH THE INSPECTION CHECKLIST INCLUDED AS ATTACHMENT 4 OF THE PERMIT (AS SPECIFICALLY REQUIRED BY PERMIT CONDITION III.F.11).EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED 40 CFR 270.30 BY FAILING TO COMPLY WITH PERMIT CONDITION III.F.11.DURING THE CEI THE INSPECTION TEAM DISCOVERED THAT RESPONDENT HAD FAILED TO MAINTAIN, CALIBRATE AND OPERATE PROCESS MONITORING, CONTROL AND RECORDING EQUIPMENT CONSISTENT WITH ATTACHMENT 8 OF THE PERMIT (AS SPECIFICALLY REQUIRED BY PERMIT CONDITION III.E.2). EPA THEREFORE ALLEGES THAT RESPONDENT VIOLATED 40 CFR 270.30 BY FAILING TO COMPLY WITH PERMIT CONDITION III.E.2.

Laws and Sections
Law Sections Programs
RCRA 3002, 3005 Standards Applicable to Generators of Hazardous Waste, Permits for Treatment Storage or Disposal of Hazardous Waste
Citations
Title Part Section
40 CFR 262.34(c)(3) 262.34(c)(3)
40 CFR 270.30 270.30
40 CFR 262.34(a) 262.34(a)
40 CFR 264.171 264.171
40 CFR 262.11 262.11
40 CFR 279.22(b) 279.22(b)
Facilities
FRS Number Facility Name Address City Name State Zip SIC Codes NAIC Codes
110000372285 US ARMY HOLSTON ARMY AMMUNITION PLANT 4509 WEST STONE DRIVE KINGSPORT TN 37660-1048 2819 2869 2892 2893 4953 9711 325920
Defendants
Defendants and Settlements In Complaint In Settlement
BAE SYSTEMS ORDNANCE SYSTEM INC. Y Y
HOLSTON ARMY AMMUNITION PLANT Y Y
Case Milestones
Event Actual Date
Complaint Filed/Proposed Order 07/18/2013
Final Order Issued 07/18/2013
Enforcement Action Data Entered 07/30/2013
Enforcement Action Closed 08/06/2013
Pollutants
Pollutant Name Chemical Abstract Number
No data records returned
Related Activities
Description Actual Date
No data records returned

Source: ECHO - Enforcement and Compliance History Online