On September 30, 2020, Region III issued a Federal Facility Compliance Agreement ( FFCA ) with the National Aeronautics and Space Administration ( NASA or Respondent ), which owns and operates a rocket launch site to support science and exploration missions for NASA and other Federal agencies known as the Wallops Flight Center and located at 34200 Fulton Street, Wallops Island, Virginia 23337 (the Facility ). The basis of the FFCA is Respondent's violation of requirements found in federally enforceable regulations promulgated under the Clean Air Act ( the Act or CAA ), 42 U.S.C. 7401-7671q, in particular, the National Emission Standard for Hazardous Air Pollutants ( NESHAP ) for Reciprocating Internal Combustion Engines ( RICE ), 40 CFR Part 63, Subpart ZZZZ ( the RICE rule ). The failure to meet these requirements was identified by a compliance evaluation conducted by the EPA at the Facility on April 16, 2015, and subsequent information requests.
The specific provisions alleged to have been violated include Respondent's failure, in calendar years 2016 and 2019, to comply with the non-emergency use limitations in 40 C.F.R. 60.4211(f), which constituted violations of 40 C.F.R. 60.4211 and 40 C.F.R. 63.6590(c)(1), which are enforceable by EPA as violations of the Act pursuant to Section 113(a)(3), 42 U.S.C. 7413(a)(3).
The actions ordered pursuant to the FFCA include requirements to operate the Subject Generators at the Facility only during the Terminal Count of th