Department of Environmental Protection



Department of Environmental Protection To:_____________________

To:_____________________

INTEROFFICE MEMORANDUM To:_____________________

To:_____________________

________________________________________________________________________

NORTHEAST DISTRICT - JACKSONVILLE

TO: Larry Morgan, Deputy General Counsel

FROM: Bill Green, Acting District Director

DATE: April 25, 2005

SUBJECT: Penalty Authorization Request

US NAS - Jacksonville

________________________________________________________________________

Attached is a Civil Penalty Authorization form for a hazardous waste case involving US NAS - Jacksonville (WL04-2244HWSNY16NED) for violations discovered on July 28 – July 30, 2004.

BG:pfb

Attachment

Cc: Mike Redig

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Civil Penalty Authorization

Northeast District

1. Type of Alleged Violations: Hazardous Waste

2. Investigator: Pamela Fellabaum

3. Violator: U.S. Naval Air Station - Jacksonville

4. Location: 6400 Roosevelt Boulevard, Jacksonville, Florida 32212

5. Date Submitted: April 25, 2005

6. Nature of Alleged Violations:

NAS Jax serves as a major base for operating anti-submarine patrol aircraft and search and rescue helicopters. NAS Jax operates a large industrial complex for the maintenance and repair of aircraft. An inspection of the facility was conducted by the Florida Department of Environmental Protection (FDEP) on July 28 – July 30, 2004, and numerous violations were observed.

As a Permitted Hazardous Waste Storage Facility and Large Quantity Generator, the facility is required to accumulate waste for less than 90 days unless the waste is stored in the permitted storage buildings, manage containers appropriately, adequately characterize hazardous waste, properly dispose of hazardous waste and comply with all applicable requirements for hazardous waste accumulation tanks. The facility failed to perform several of these requirements. A copy of the inspection report is attached as Exhibit 1.

7. Penalty Rationale:

The State of Florida Department of Environmental Protection (FDEP) Guidelines for Characterizing Hazardous Waste violations dated January 1999, and the August 15, 1998 FDEP Guidelines for Characterizing Used Oil Violations, were used to calculate the attached penalties.

8. Penalty Recommendations:

I recommend that $435,944.00 in civil penalties be sought against the U.S. Naval Air Station - Jacksonville as calculated on the attached penalty computation worksheet.

______________________ ______________________

Pamela Fellabaum Vicky Valade

______________________ ______________________

Ashwin Patel Michael Fitzsimmons

______________________ ______________________

Bill Green Date

______________________ ______________________

Greg Munson Date

PENALTY COMPUTATION WORKSHEET

Violator's Name: U.S. Naval Air Station - Jacksonville

Identify Violator's Facility: U.S Naval Air Station - Jacksonville Inspected: July 28 – 30, 2004

| |Violation Type |Guide- |Potential for |Extent of |Matrix Amount |Multi |Economic |Total |

| | |line |Harm |Deviation | |Day |Benefit | |

|1. |40 CFR 262.11 |3.1 |Moderate |Major |$10,450 | | |$10,450 |

|2. |40 CFR 262.20 |5.1 |Moderate |Major |$10,450 | |$3,500 |$13,950 |

|3. |40 CFR 262.34(a) |6.1 |Major |Major |$24,750 |$196,900 | |$221,650 |

|4. |40 CFR 262.34(c)(i) |14.1 |Minor |Major |$2,475 | | |$2,475 |

|5. |40 CFR 262.34(c)(ii) |7.1 |Minor |Minor |$330 | | |$330 |

| |40 CFR 265 Subpart J - |Similar to | | | | | | |

|6. |40 CFR 265.192, |14.4 | | | | | | |

|7. |40 CFR 265.194 |IWTP 1 |Major |Major |$24,750 | | |$24,750 |

|8. |40 CFR 265.195(a) |IWTP 2 |Major |Major |$24,750 | | |$24,750 |

|9. |40 CFR 265.197 |IWTP 3 |Major |Major |$24,750 | | |$24,750 |

|10. |40 CFR 265.202 |Similar to | | | | | | |

| |40 CFR 265 Sub. CC |14.1 |Major |Major |$24,750 | | |$24,750 |

|11. |40 CFR 279.22(d) |27.1UO |Minor |Major |$900 | | |$900 |

| | | | | | | | | |

| |Subtotals | | | |$148,355 |$196,900 |$3,500 |$348,755 |

| |Adjustment for History of | | |25% | | |$87,189 |

| |Non-Compliance | | | | | | |

| | | | | | | | | |

| |Total Penalties | | | | | | |$435,944 |

Assigned by: Mike Fitzsimmons, Ashwin Patel, Vicky Valade, Drew Brown and Pam Fellabaum

Date: April 20, 2005

Penalties were calculated in accordance with the January 1999 revision to the Florida Department of Environmental Protection (FDEP) Guidelines for Characterizing RCRA Violations and the August 15, 1998 FDEP Guidelines for Characterizing Used Oil Violations.

Penalty Computation Worksheet Justification

1. REGULATION: 40 CFR 262.11

GUIDELINE: 3.1

Violation: Facility failed to perform a hazardous waste determination on two waste streams: J149 (waste cadmium solution) and J063 (waste fuel filters).

|Potential for Harm: |Moderate |

The Potential for Harm Ranking System determined the Potential for Harm to be moderate.

NATURE OF WASTE: 4 (Category A = 8 Category B = 4)

VOLUME OF WASTE: 5

(>26 drums = 8 6-25 drums = 5 1-5 drums = 2)

RECEPTORS: 1 + 3 = 4

|Discharge = 4 |> 1000 People = 4 |

|Potential Discharge = 4 |100 - 1000 People = 3 |

|No Discharge = 1 |10 - 100 People = 2 |

| |< 10 People = 1 |

TOTAL SCORE: 13

MAJOR POTENTIAL FOR HARM: 19-24

MODERATE POTENTIAL FOR HARM: 13-18

MINOR POTENTIAL FOR HARM: 8-12

|Extent of Deviation: |MAjor |

The Extent of Deviation is major when the facility shipped waste for disposal without making a proper determination.

|Matrix Cell Range: |$12,099 - $8,800 |

|Penalty Amount Chosen: |$10,450 |

Penalty Computation Worksheet Justification

2. REGULATION: 40 CFR 262.20

GUIDELINE: 5.1

Violation: Facility failed to properly dispose of J063 (waste fuel filters), J502 (waste jumper cables), J029 (paint chips) and J089 (paint waste) hazardous waste.

|Potential for Harm: |Moderate |

The Potential for Harm Ranking System determined the Potential for Harm to be moderate.

NATURE OF WASTE: 4 (Category A = 8 Category B = 4)

VOLUME OF WASTE: 5

(>26 drums = 8 6-25 drums = 5 1-5 drums = 2)

RECEPTORS: 4 + 3 = 7

|Discharge = 4 |> 1000 People = 4 |

|Potential Discharge = 4 |100 - 1000 People = 3 |

|No Discharge = 1 |10 - 100 People = 2 |

| |< 10 People = 1 |

TOTAL SCORE: 16

MAJOR POTENTIAL FOR HARM: 19-24

MODERATE POTENTIAL FOR HARM: 13-18

MINOR POTENTIAL FOR HARM: 8-12

|Extent of Deviation: |MAjor |

The Extent of Deviation is major when an LQG of hazardous waste fails to use a manifest, and no shipping papers are available.

|Matrix Cell Range: |$12,099 - $8,880 |

|Penalty Amount Chosen: |$10,450 |

Economic Benefit (EB) Calculations

The facility failed to dispose of 7 drums of J063 waste fuel filters as hazardous waste. This is an avoided cost. The current cost for the disposal of hazardous waste shreddable solids is $500 - $650 per drum. The $500 amount was chosen.

EB = 7 drums x $500 per drum

EB = $3,500

Penalty Computation Worksheet Justification

3. REGULATION: 40 CFR 262.34 (a)

GUIDELINE: 6.1

Violation: Facility accumulated the following waste for greater than 90 days:

1. Three drums of J063 waste fuel filters (111, 125 and 579 days).

2. Thousands of gallons of F001/F002/F003/F004/F004/F005/F006/F019 hazardous waste that remained in tanks, pipes, containers and other ancillary equipment in IWTP # 1 after it was removed from service and the wastewater treatment unit exemption was no longer in effect (2001 until the present).

3. Less than one drum of J056 waste blast media filter and dust that was in the machine that had been removed from service in NADEP’s Building 794 (1 ½ years).

|Potential for Harm: |Major |

The Potential for Harm Ranking System determined the Potential for Harm to be major.

NATURE OF WASTE: 4 (Category A = 8 Category B = 4)

VOLUME OF WASTE: 8

(>26 drums = 8 6-25 drums = 5 1-5 drums = 2)

RECEPTORS: 4 + 3 = 7

|Discharge = 4 |> 1000 People = 4 |

|Potential Discharge = 4 |100 - 1000 People = 3 |

|No Discharge = 1 |10 - 100 People = 2 |

| |< 10 People = 1 |

TOTAL SCORE: 19

MAJOR POTENTIAL FOR HARM: 19-24

MODERATE POTENTIAL FOR HARM: 13-18

MINOR POTENTIAL FOR HARM: 8-12

|Extent of Deviation: |MAjor |

The Extent of Deviation is major for storing waste 180 days over 90 days.

|Matrix Cell Range: |$27,500 - $22,000 |

|Penalty Amount Chosen: |$24,750 |

MULTI-DAY PENALTIES Dollar Amount $1,100 per day

Number of days adjustment factor(s) to be applied: 179

Justification: Facility accumulated waste for at least 3 years at IWTP # 1, however the District decided to calculate Multi-Day Penalties for a maximum of 179 days.

Penalty Computation Worksheet Justification

4. REGULATION: 40 CFR 262.34(c)(i)

GUIDELINE: 14.1

Violation: Facility failed to close six small satellite containers of hazardous waste.

|Potential for Harm: |MINOR |

The Potential for Harm Ranking System determined the Potential for Harm to be minor.

NATURE OF WASTE: 4 (Category A = 8 Category B = 4)

VOLUME OF WASTE: 2

(>26 drums = 8 6-25 drums = 5 1-5 drums = 2)

RECEPTORS: 1 + 2 = 3

|Discharge = 4 |> 1000 People = 4 |

|Potential Discharge = 4 |100 - 1000 People = 3 |

|No Discharge = 1 |10 - 100 People = 2 |

| |< 10 People = 1 |

TOTAL SCORE: 9

MAJOR POTENTIAL FOR HARM: 19-24

MODERATE POTENTIAL FOR HARM: 13-18

MINOR POTENTIAL FOR HARM: 8-12

|Extent of Deviation: |MAjor |

The Extent of Deviation is always major.

|Matrix Cell Range: |$3,299 - $1,650 |

|Penalty Amount Chosen: |$2,475 |

Penalty Computation Worksheet Justification

5. REGULATION: 40 CFR 262.34(c)(ii)

GUIDELINE: 7.1

Violation: Facility failed to label six small containers and one 55-gallon drum as satellite containers of hazardous waste.

|Potential for Harm: |MINOR |

The Potential for Harm Ranking System determined the Potential for Harm to be minor.

NATURE OF WASTE: 4 (Category A = 8 Category B = 4)

VOLUME OF WASTE: 2

(>26 drums = 8 6-25 drums = 5 1-5 drums = 2)

RECEPTORS: 1 + 2 = 3

|Discharge = 4 |> 1000 People = 4 |

|Potential Discharge = 4 |100 - 1000 People = 3 |

|No Discharge = 1 |10 - 100 People = 2 |

| |< 10 People = 1 |

TOTAL SCORE: 9

MAJOR POTENTIAL FOR HARM: 19-24

MODERATE POTENTIAL FOR HARM: 13-18

MINOR POTENTIAL FOR HARM: 8-12

|Extent of Deviation: |Minor |

The Extent of Deviation is minor for less than six drums improperly labeled.

|Matrix Cell Range: |$549 - $110 |

|Penalty Amount Chosen: |$330 |

Penalty Computation Worksheet Justification

6 – 9. REGULATION: 40 CFR 265 Subpart J Tank Requirements: (6) 40 CFR 265.192 – Subpart J Certification of New Tank System; (7) 40 CFR 265.194 – Subpart J General Operating Requirements (8) 40 CFR 265.195(a) – Subpart J Daily Tank Inspections and (9) 40 CFR 265.197 – Subpart J Tank Closure)

GUIDELINE: Similar to 14.4

Violation: The facility failed to comply with 40 CFR 265 Subpart J requirements for hazardous waste accumulation tanks at IWTP # 1, IWTP # 2 and IWTP # 3: (6) The facility failed to have the hazardous waste accumulation tanks at IWTP # 1, IWTP # 2 and IWTP # 3 properly assessed and certified by a registered independent professional engineer. (7) The facility failed to provide appropriate controls as required by this Section for the hazardous waste accumulation tanks in at IWTP # 1, IWTP # 2 and IWTP #3. (8) The facility failed to conduct or document daily tank inspections of the hazardous waste accumulation tanks at IWTP # 1, IWTP # 2 and IWTP # 3. (9) The facility did not close the hazardous waste tank system at IWTP # 1.

40 CFR 265 Subpart J hazardous waste accumulation tanks at each IWTP:

Tank System at IWTP # 1 – 4000 gallons

(including 2 tanks) - 5000 gallons

1 Tank at IWTP # 2 – 8000 gallons

1 Tank at IWTP # 3 – 4000 gallons

|Potential for Harm: |Major |

The Potential for Harm Ranking System determined the Potential for Harm to be major.

NATURE OF WASTE: 4 (Category A = 8 Category B = 4)

VOLUME OF WASTE: 8

(>26 drums = 8 6-25 drums = 5 1-5 drums = 2)

RECEPTORS: 4 + 3 = 7

|Discharge = 4 |> 1000 People = 4 |

|Potential Discharge = 4 |100 - 1000 People = 3 |

|No Discharge = 1 |10 - 100 People = 2 |

| |< 10 People = 1 |

TOTAL SCORE: 19

MAJOR POTENTIAL FOR HARM: 19-24

MODERATE POTENTIAL FOR HARM: 13-18

MINOR POTENTIAL FOR HARM: 8-12

|Extent of Deviation: |MAJOR |

The Extent of Deviation is always major.

|Matrix Cell Range: |$27,500 - $22,000 |

|Penalty Amount Chosen: |$24,750 |

Penalty Computation Worksheet Justification

10. REGULATION: 40 CFR 265.202 and 40 CFR 265 Subpart CC Requirements

GUIDELINE: Similar to 14.1

Violation: The facility failed to comply with 40 CFR Subpart CC Air Emission Standards for the hazardous waste accumulation tanks in at IWTP # 1, IWTP # 2 and IWTP # 3.

40 CFR 265 Subpart J hazardous waste accumulation tanks at each IWTP:

2 Tanks at IWTP # 1 – 4000 gallons. Tank is open through a 2” vent line.

5000 gallons. Tank is completely open.

1 Tank at IWTP # 2 – 8000 gallons. Tank is open due to disconnected piping.

1 Tank at IWTP # 3 – 4000 gallons. Tank is open due to removal of 4” pipe elbow.

|Potential for Harm: |Major |

The Potential for Harm Ranking System determined the Potential for Harm to be major.

NATURE OF WASTE: 4 (Category A = 8 Category B = 4)

VOLUME OF WASTE: 8

(>26 drums = 8 6-25 drums = 5 1-5 drums = 2)

RECEPTORS: 4 + 3 = 7

|Discharge = 4 |> 1000 People = 4 |

|Potential Discharge = 4 |100 - 1000 People = 3 |

|No Discharge = 1 |10 - 100 People = 2 |

| |< 10 People = 1 |

TOTAL SCORE: 19

MAJOR POTENTIAL FOR HARM: 19-24

MODERATE POTENTIAL FOR HARM: 13-18

MINOR POTENTIAL FOR HARM: 8-12

|Extent of Deviation: |MAJOR |

The Extent of Deviation is always major.

|Matrix Cell Range: |$27,500 - $22,000 |

|Penalty Amount Chosen: |$24,750 |

Penalty Computation Worksheet Justification

11. REGULATION: 40 CFR 279.22(d)

GUIDELINE: Used Oil 27.1

Violation: Facility failed to properly respond to a release of used oil in the scrap yard by not removing used oil and repairing leaking equipment.

|Potential for Harm: |Minor |

The Potential for Harm is minor for a release of less than 25 gallons.

|Extent of Deviation: |MAjor |

The Extent of Deviation is always major.

|Matrix Cell Range: |$1,199- $600 |

|Penalty Amount Chosen: |$900 |

PenaltY Adjustments

ADJUSTMENTS Dollar Amount

Good faith/Lack of good faith prior to/after discovery:

Justification:

Degree of willfulness and/or negligence:

Justification:

History of non-compliance: 25% $87,189

Justification: Facility executed Consent Order Number 00-0749 for hazardous waste violations

on November 2, 2000. Facility also executed Consent Order Number 04-1429 for hazardous

waste violations on September 16, 2004.

Ability to pay:

Justification:

Total Adjustments: $87,189

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