11/7/13 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $7,233, DUE WITHIN 30 DAYS.
ALLEGATIONS:
RESPONDENT WAS A USER OF PCB ITEMS OPERATING IN THE STATE OF ALABAMA.
ON OR ABOUT AUG 15, 2012, AN INSPECTION WAS CONDUCTED AT RESPONDENT'S FACILITY LOCATED AT 3414-A GOVERNOR'S DRIVE, HUNTSVILLE, AL, TO DETERMINE COMPLIANCE WITH THE PCB REGS.
DURING THE INSPECTION, RESPONDENT WAS STORING 6 LARGE GENERAL ELECTRIC PYRANOL CAPACITORS, TOTALING LESS THAN 220 GALLONS OF PCB FLUID.
40 CFR 761.65(a)(1) REQUIRES THAT ANY PCB WASTE MUST BE DISPOSED OF AS REQUIRED BY SUBPART D OF THE PCB REGS WITHIN 1 YR FROM THE DATE IT WAS DETERMINED TO BE PCB WASTE AND THE DECISION WAS MADE TO DISPOSE IT. DURING THE INSPECTION, RESPONDENT COULD NOT PROVIDE ANY DOCUMENTATION TO PROVE HOW LONG 6 LARGE GENERAL ELECTRIC PRYANOL CAPACITORS HAD BEEN STORED ON-SITE. THEREFORE, RESPONDENT VIOLATED 40 CFR 761.65(a)(1).
40 CFR 761.65(c)(8) REQUIRES THAT PCB ITEMS BE MARKED WITH THE DATE WHEN THEY WERE REMOVED FROM SERVICE FOR DISPOSAL. AT THE TIME OF THE INSPECTION, THE 6 LARGE GENERAL ELECTRIC PYRANOL CAPACITORS BEING STORED ONSITE AWAITING DISPOSAL WERE NOT MARKED WITH THE DATES WHEN THEY WERE REMOVED FROM SERVICE. THEREFORE, RESPONDENT VIOLATED 40 CFR 761.65(c)(8).
40 CFR 761.40(a)(1) REQUIRES PCB ARTICLES AT THE TIME OF MANUFACTURE, AT THE TIME OF DISTRIBUTION IN COMMERCE IF NOT ALREADY MARKED, AND AT THE TIME OF REMOVAL FROM USE IF NOT ALREADY MARKED SHALL BE MARKED W