8/30/12 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $6236, DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON OR ABOUT DEC 7, 2011, EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY TO DETERMINE COMPLIANCE WITH PCB REGS.
AT THE TIME OF THE INSPECTION, REPRESENTATIVES OF RESPONDENT ADVISED EPA'S INSPECTORS THAT THE FACILITY RECEIVES DRAINED TRANSFORMERS THAT HAVE CONTAINED UP TO 499 PPM OF PCBs. THE DRAINED TRANSFORMERS ARE TRIPLE RINSED WITH DIESEL AND SOLD TO CHINA FOR SCRAP METAL.
IN A LETTER RESPONDENT SENT TO EPA, DATED APR 23, 2012, RESPONDENT STATED THAT IT HAD SHIPPED 26 DRAINED AND TRIPLE RINSED PCB-CONTAMINATED TRANSFORMERS TO CHINA IN 2010 AND 2011. EACH TRANSFORMER WAS IN THE RANGE OF 3 KVA TO 25 KVA.
PURSUANT TO 40 CFR 781.97, ANY PERSON IS PROHIBITED FROM EXPORTING PCBs OR PCB ITEMS FOR DISPOSAL WITHOUT AN EXEMPTION. RESPONDENT EXPORTED PCBs FOR DISPOSAL WITHOUT AN EXEMPTION AND THEREBY VIOLATED 40 CFR 761.97.
PURSUANT TO 40 CFR 761.60(b)(4) AND (b)(6)(ii)(A), ANY PERSON DISPOSING OF A PCB-CONTAMINATED ARTICLE IS REQUIRED TO REMOVE ALL FREE-FLOWING LIQUID FROM THE ARTICLE, DISPOSE OF THE LIQUID IN ACCORDANCE WITH 40 CFR 761.60(a), AND DISPOSE OF THE PCB-CONTAMINATED ARTICLE (CONTAINING NO FREE-FLOWING LIQUID) USING ONE OF THE METHODS SPECIFIED IN 40 CFR 761.60. RESPONDENT FAILED TO REMOVE ALL FREE-FLOWING LIQUID FROM PCB-CONTAMINATED TRANSFORMERS IN ACORDANCE WITH 40 CFR 761.60(b)(4) AND (b)(6)(ii)(A).
PURSUANT TO 40 CFR 761.40(a)(10)