5/6/15 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $12,046, DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON OR ABOUT APR 15, 2014, EPA CONDUCTED A FINANCIAL RECORDS REVIEW AT RESPONDENT'S FACILITY IN EMELLE, AL, TO DETERMINE COMPLIANCE WITH THE PCB REGS. ON MARCH 27, 2001, EPA REGION 4 ISSUED AN APPROVAL FOR THE COMMERCIAL STORAGE OF PCBS TO RESPONDENT PURSUANT TO 40 CFR 761.65(d). ON APR 16, 2007, EPA RENEWED THE APPROVAL.
40 CFR 761.65(f)(1) REQUIRES A COMMERCIAL STORER OF PCB WASTES TO HAVE A DETAILED ESTIMATE, IN CURRENT DOLLARS, OF THE COST OF CLOSING THE FACILITY IN ACCORDANCE WITH ITS APPROVED CLOSURE PLAN. ADDITIONALLY, 40 CFR 761.65(f)(2) REQUIRES THAT DURING THE ACTIVE LIFE OF THE PCB STORAGE FACILITY, THE COMMERCIAL STORER OF PCB WASTE SHALL ADJUST ANNUALLY FOR INFLATION THE CLOSURE COST ESTIMATE PRIOR TO THE ANNIVERSARY DATE OF THE ESTABLISHMENT OF THE FINANCIAL INSTRUMENTS USED TO DEMONSTRATE FINANCIAL RESPONSIBILITY FOR CLOSURE.
CONDITION II.J.1.a OF THE APPROVAL ISSUED TO RESPONDENT REQUIRES RESPONDENT TO ANNUALLY ADJUST THE CLOSURE COST ESTIMATE AND SUBMIT A COPY TO EPA BY NO LATER THAN THE ANNIVERSARY DATE OF THE ESTABLISHMENT OF THE FINANCIAL ASSURANCE INSTRUMENT(S) USED TO DEMONSTRATE FINANCIAL ASSURANCE FOR CLOSURE.
DURING EPA'S REVIEW OF RESPONDENT'S FINANCIAL RECORDS, EPA OBSERVED THAT THE RESPONDENT HAD NOT SUBMITTED TO EPA AN ANNUAL ADJUSTMENT OF RESPONDENT'S CLOSURE COSTS ESTIMATE FOR CALENDAR YEARS 2012 AND 2013.
PURSUANT TO 4