11/3/2008 - NOTICE OF DETERMINATION ISSUED. RESPONDENT FAILED TO PREPARE A MANIFEST ON EPA FORM 8700-22 BEFORE RELINQUISHING CONTROL OF THE PCB WASTE, AS REQUIRED BY 40 CFR 761.207(a). 40 CFR SECTION 761.65(a)(8) STATED THAT PCB ITEMS SHALL BE DATED ON THE ITEM WHEN THEY ARE REMOVED FROM SERVICE FOR DISPOSAL. THE PCB CONTAINING TRANSFORMER DID NOT HAVE AN OUT-OF-SERVICE DATED WHEN IT WAS REMOVED FROM SERVICE FOR DISPOSAL; THEREFORE, RESPONDENT VIOLATED 40 CFR SECTION 761.60(a) WHEN, DUE TO INACCURATE LABELING OF THE PCB CONTAINING TRANSFORMER, APPROXIMATELY NINE GALLONS OF PCB LIQUID WERE COMMINGLED WITH NON-PCB LIQUIDS, ULTIMATELY LEADING TO APPROXIMATELY 6,000 GALLONS OF COMMINGLED PCB LIQUID BEING DISPOSED OF AND INCINERATED IMPROPERLY. WHEN THE PCB-CONTAINING OIL WHICH HAD INADVERTENTLY BEEN COMMINGLED WITH NON-PCB CONTAINING OIL WAS SOLD FOR ENERGY RECOVERY PURPOSES, RESPONDENT ALSO VIOLATED THE REQUIREMENT OF 40 CFR SECTION 761.20(c) WHICH PROHIBITS PERSONS FROM OPERATING AS USED OIL MARKETERS, PROCESSING AND DISTRIBUTING PCB OILS WITHOUT AN EXEMPTION. RESPONDENT HAS NO SUCH EXEMPTION.