VIOLATION OF TSCA PCB REGULATIONS.
5/11/06 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,805, DUE WITHIN 30 DAYS.
FACTUAL ALLEGATIONS: RESPONDENT IS A SHIPBUILDING AND REPAIR FACILITY OPERATING IN THE STATE OF ALABAMA.
ON JULY 11, 2002, AN INSPECTION WAS CONDUCTED AT RESPONDENT'S FACILITY 265 SOUTH WATER STREET, MOBILE, AL. THE FOLLOWING VIOLATION WAS DETECTED DURING THIS INSPECTION.
PURSUANT TO SECTION 6(e) OF TSCA, AND THE REGULATIONS FOUND AT 40 CFR 761.(a)(2), PCBs TRANSFORMERS AT THE TIME OF REMOVAL FROM USE MUST BE MARKED WITH THE TSCA PCB LABEL AS ILLUSTRATED IN FIGURE 1 IN 40 CFR 761.45(a).
RESPONDENT HAD 3 ASSUMED TO BE PCB TRANSFORMERS LOCATED IN THEIR SURPLUS WAREHOUSE, CONTAINING MORE THAN 150 GALLONS OF FLUID WITH NO ANALYTICAL DATA, AND NOT LABELED WITH THE TSCA PCB LABEL, AS REQUIRED IN 40 CFR 761.40(a)(2) AND AS ILLUSTRATEDIN FIGURE 1 IN 761.45(a).