8/16/2012 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSED A PENALTY OF $1,000, DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON OR ABOUT MARCH 30, 2011, AN INSPECTION WAS CONDUCTED AT RESPONDENT'S FACILITY TO DETERMINE COMPLIANCE WITH REGULATIONS PROMULATED UNDER TSCA 6(e) PERTAIN TO PCBs.
AT THE TIME OF THE INSPECTION THE ALLEGED NAME OF THE COMPANY WAS SCT YARNS.
AT THE TIME OF THE INSPECTION, 98 PCB CAPACITORS AND PCB DISCHARGE RESISTORS (PCB ITEMS) WERE DISCOVERED AT SCT YARNS IN BANKS MOSTLY OF TWO OR FOUR, MOUNTEDON BRACKETS ATTACHED TO THE WALLS, APPROX 8 FEET HIGH. BASED ON THE PCB ASSUMPTION RULE, IT WAS ASSUMED THAT THE PCB ITEMS HAD A PCB CONCENTRATION OF GREATER THAN 500 PPM. ALL PCB ITEMS WERE SIMILAR IN SIZE, SHAPE AND COLOR. HOWEVER, ONLY THE NAMEPLATES ON THE FIRST 25 PCB ITEMS WERE READ DUE TO THE INCONVENIENT ACCESSIBILITY OF THE NAMEPLATES AND DIM OR ABSENT LIGHTING. BASED ON THE EXPECTATION THAT THE REMAINING 73 PCB ITEMS CONTAINED PCBs, THE RESPONDENT REMOVED AND SHIPPED THE PCB ITEMS FOR OFF-SITE DISPOSAL.
PURSUANT TO 40 CFR 761.65(c)(8) THE PCB ITEMS EWRE NOT DATED. PURSUANT TO 40 CFR 761.40(a)(3) THE PCB ITEMS WERE NOT MARKED WITH THE PCB Ml LABEL. PURSUANT TO 40 CFR 761.30(l)(1), THE PCB ITEMS WERE NOT WITHIN A RESTRICTED-ACCESS ELECTRICAL SUBSTATION OR IN A COMTAINED AND RESTRICTED-ACCESS INDOOR INSTALLATION. PURSUANT TO 40 CFR 761.65(b) THE STORAGE FOR DISPOSAL REQUIREMENT FOR THE PCB ITEMS WAS NOT ADEQUATE. THEREFORE, EPA ALLEGES THAT RESPONDENT