9/13/2011 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,560. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS.
ORDER ALLEGES:
ON OR ABOUT FEBRUARY 24, 2010, AN INSPECTION WAS CONDUCTED BY A REPRESENTATIVE OF THE EPA AND TDEC AT THE RESPONDENT'S FACILITY LOCATED AT 1560 BEAR CREEK ROAD, OAK RIDGE, TENNESSEE TO DETERMINE COMPLIANCE WITH REGULATIONS PROMULGATED UNDER SECTION 6(e) OF TSCA PERTAINING TO PCBs.
PURSUANT TO 40 C.F.R. SECTION 761.40(a)(10), A PCB STORAGE AREA USED TO STORE PCBs AND PCB ITEMS MUST BE MARKED WITHIN PCB ML LABEL. THE BEST WAY ANNEX IS A LARGE STORAGE BUILDING THAT WAS IDENTITIED AS PCB STORAGE AREA. NO PCB M. MARKING WAS FOUND IN THE PCB STORAGE AREA DURING THE INSPECTION. THEREFORE, THE EPA ALLEGES THAT RESPONDENT VIOLATED 40 C.F.R. SECTION 761.40(a)(10).
PURSUANT TO 40 C.F.R. SECTION 761.180(b), THE FACILITY IS REQUIRED TO MAINTAIN ALL RELEVANT RECORDS INCLUDING ANNUAL RECORDS ON THE DISPOSITION OF PCBs AND PCB ITEMS AND MAINTAIN ANNUAL DOCUMENT LOGS FOR ALL PCBs AND PCB ITEMS THAT WERE HANDLED AS PCB WASTE AT THE FACILITY, ENERGYSOLUTIONS FAILED TO MAINTAIN COMPLETE AND ACCURATE RECORDS. THEREFORE, THE EPA ALLEGES RESPONDENT VIOLATED 40 C.F.R. SECTION 761.180(b).