This concerns the Environmental Protection Agency, Region 10 (EPA) review of the June 7, 2007, exception report from the Chemical Waste Management of the Northwest (CWMNW). This exception report, submitted under 40 CFR 761.215(c) and (d) was issued for Portland General Electric (PGE) located in Portland, Oregon. The CWMNW indicated that PGE disposed of 137 kilograms of PCB waste with an out-of-service date of February 1, 2006. This review was completed to determine compliance with the federal polychlorinated bi-phenyl (PCB) regulations which were promulgated pursuant to the Toxic Substances Control Act (TSCA).
The EPA noted that PGE had removed PCB waste from service. The PGE had not disposed of the PCBs within one year of the out-of-service date as required under 40 CFR § 761.65(a)(1). This constitutes a violation of 40 CFR § 761.65. In response to an April 2, 2008 Notice of Non-Compliance PGE provided a response on April 25, 2008 and paid the proposed penalty of $ 1,300.