1/30/13 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $8,100, DUE WITHIN 30 DAYS.
ALLEGATIONS:
RESPONDENT IS A TSCA-APPROVED FACILITY UNDER 40 CFR 761.65 THAT REPAIRS, SERVICES AND DECOMMISSIONS OIL FILLED ELECTRICAL DISTRICUTION EQUIPMENT. RESPONDENT IS A USER OF PCB ITEMS OPERATING IN THE STATE OF FLORIDA.
ON AUG 10, 2011, AN INSPECTION WAS CONDUCTED BY A REPRESENTATIVE OF THE EPA AT THE RESPONDENT'S FACILITY LOCATED AT 4509 STATE HIGHWAY 83, DEFUNIAK SPRINGS, FL, TO DETERMINE COMPLIANCE WITH THE PCB REGS. AT THE TIME OF THE INSPECTION THE FACILITY WAS IN OPERATION.
PURSUANT TO 40 CFR 761.40(a)(2), ALL PCBs AND PCB ITEMS SHALL BE MARKED WITH THE PCB ML LABEL SPECIFIED IN 40 CFR 761.45(a). AT THE TIME OF INSPECTION, 13 PCB TRANSFORMERS WERE BEING STORED FOR DISPOSAL IN THE RESPONDENT'S ANCILARY PALLET AREA, BUT NONE OF THEM HAD THE PCB ML MARKING. THEREFORE, EPA ALLEGES THAT THE RESPONDENT VIOLATED 40 CFR 761.40(a)(2).
PURSUANT TO 40 CFR 761.65(c)(8), PCB ITEMS, INCLUDING PCB TRANSFORMERS, SHALL BE MARKED WITH THE DATE WHEN THEY ARE REMOVED FROM SERVICE FOR DISPOSAL. NONE OF THE 13 PCB TRANSFORMERS IN STORAGE HAD A REMOVAL FROM SERVICE DATE. THEREFORE, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED 40 CFR 761.65(c)(8).
PURSUANT TO 40 CFR 761.60(a), PCB LIQUIDS AT CONCENTRATIONS GREATER THAN OR EQUAL TO 50 MG/KG MUST BE DISPOSED OF IN AN INCINERATOR WHICH COMPLIES WITH 40 CFR 761.70. A WESTINGHOUSE PCB TRANSFORMER, SERIAL NUMBER 66B2579, STORED I