6/19/18 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $661.
ALLEGATIONS:
ON OR ABOUT FEB 28, 2017, AN EPA-AUTHORIZED TSCA INSPECTOR FROM THE STATE OF TENNESSEE DEPT OF ENVIRONMENT AND CONSERVATION (TDEC) CONDUCTED A PCB COMPLIANCE INSPECTION AT THE TLW FACILITY. DURING THE INSPECTION, IT WAS NOTED THAT THE PCB STORAGE BUILDING HAS A CONCRETE FLOOR AND WALLS THAT ARE NOT CONTINUOUS AND WITHOUT CURBING. IN LIEU OF CURBING, TLW UTILIZES A UNIVERSAL BRAND STOCK WATER TANK FOR SECONDARY CONTAINMENT OF LEAKING PCB TRANSFORMERS. THE TANK IS A PCB CONTAINER AND/OR A PCB ARTICLE CONTAINER AS THOSE TERMS ARE DEFINED IN 40 CFR 761.3. PCB CONTAINERS AND PCB ARTICLE CONTAINERS ARE PCB ITEMS AS DEFINED BY 40 CFR 761.3.
40 CFR 761.40(a)(1) AND (9) REQUIRE THAT PCB CONTAINERS AND PCB ARTICLE CONTAINERS BE MARKED WITH THE ML PCB MARK AS ILLUSTRATED IN 40 CFR 761.45(a). PURSUANT TO 40 CFR 761.40(h), THE PCB MARK REQUIRED BY THIS SUBPART MUST BE PLACED IN A POSITION ON THE EXTERIOR OF PCB ITEMS, STORAGE UNITS, OR TRANSPORT VEHICLES SO THAT TH EMARKS CAN EASILY BE READ BY ANY PERSONS INSPECTING THE OR SERVICING THE MARKED PCB ITEMS, STORAGE UNITS OR TRANSPORT VEHICLES. THE PCB CONTAINER/PCB ARTICLE CONTAINER WAS NOT MARKED, NOR WAS THE WALL ABOVE THE TANK, WITH A ML PCB MARK. THEREFORE, EPA ALLEGES THAT RESPONDENT IVOLATED 40 CFR 761.40(a)(1) AND (9) AND (h).