Nature of the Matter and Problem to be Addresssed: 1) The Respondents are subject to the regulations and the prohibitions and requirements pertaining to PCBs; 2) PCB Caulk (defined as caulk or similar material that contains PCBs at concentrations of 50 parts per million or greater) that remains in use in school buildings constitutes a continued use of PCBs under TSCA; 3) The continued use of PCB Caulk in schools in any manner other than a totally enclosed manner is prohibited under the PCB regulations; and 4) The Respondents continued use of PCB Caulk in a manner other than a totally enclosed manner in many older schools, where documented, constitutes violations of the PCB regulations and TSCA.
Relief Requested: 1) Implement the Work Plan that is attached to the CAFO; 2) Properly dispose of any PCB Caulk and any associated PCB waste removed from use at the schools referenced in the Work Plan; and 3) Provide access to the schools identified pursuant to the Work Plan at reasonable times to EPA officials and authorized representatives.
There are progressively increasing stipulated penalties that apply to specific obligations under the CAFO and Work Plan. Additionally, the CAFO specifies various timeframes for Termination of the Agreement, which are dependent upon completion of specific activities identified in the Work Plan.