The U.S. Environmental Protection Agency (EPA), Region III, is hereby giving notice that it proposes to enter into a Consent Agreement and Final Order (“CAFO”), which commences and concludes an administrative action, against the United States Department of the Army and BAE Systems Ordnance Systems Inc., with respect to the Radford Army Ammunition Plant, State Route 114, Radford, Virginia 24141. The CAFO resolves allegations under the Clean Water Act, the Clean Air Act, the Emergency Planning and Community Right-To-Know Act and the Resource Conservation and Recovery Act, but notice is provided pursuant to Section 309(g)(4)(A) of the Clean Water Act, 33 U.S.C. § 1319(g)(4)(A). The Clean Water Act violations set forth in the CAFO concern alleged instances of noncompliance with the National Pollutant Discharge Elimination System permit for the facility (VA0000248). The proposed penalty for all of the claims contained in the CAFO (and not just the Clean Water Act claims) totals $279,700.00 and the CAFO also includes a RCRA Compliance Order. The proposed penalty is in accordance with the applicable penalty policies. It should be noted that nothing in the CAFO should be interpreted to constitute a waiver of sovereign immunity by the Department of the Army with respect to civil penalties for past violations of the Clean Water Act or the Emergency Planning and Community Right-To-Know Act.