12/30/14 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $7,233, DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON OR ABOUT SEPT 12, 2013, EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY TO DETERMINE COMPLIANCE WITH THE PCB REGS. DURING THE INSPECTION, EPA OBSERVED 12 LARGE WESTINGHOUSE INERTEEN PCB CAPACITORS (PCB CAPACITORS) THAT HAD BEEN REMOVED FROM SERVICE AND PLACED INTO STORAGE FOR DISPOSAL. ACCORDING TO RESPONDENTS, THE PCB CAPACITORS WERE TAKEN OUT OF SERVICE AND STORED PRIOR TO RESPONDENT'S ACQUISITION OF THE FACILITY, WHICH OCCURRED MORE THAN A YEAR PRIOR TO EPA'S INSPECTION OF THE FACILITY. 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 YEAR FROM THE DATE IT WAS DETERMINED TO BE PCB WASTE AND THE DECISION WAS MADE TO DISPOSE IT. THIS DATE IS THEDATE OF REMOVAL FROM SERVICE FOR DISPOSAL. AT THE TIME OF EPA'S INSPECTION, THE PCB CAPACITORS HAD BEEN REMOVED FROM SERVICE AND STORED ONSITE FOR DISPOSAL FOR MORE THAN 1 YEAR. THEREFORE, RESPONDENTS 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 INSPECTION, THE PCB CAPACITORS BEING STORED ONSITE AWAITING DISPOSAL WERE NOT MARKED WITH THE DATES WHEN THEY WERE REMOVED FROM SERVICE. THEREFORE, RESPONDENTS VIOLATED 40 CFR 761.65(c)(8).
40 CFR 761.40(a)(3) REQUIRES PCB LARGE HIGH VOLTAGE CAPACITORS AT THE TIME OF MANUFACTURE, AT