8/28/18 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $22,500, DUE WITHIN 30 DAYS.
ALLEGATIONS:
ON OR ABOUT DEC 28, 2017, AN INSPECTION WAS CONDUCTED AT RESPONDENT'S FACILITY TO DETERMINE COMPLIANCE WITH PCB REGS.
DURING THE INSPECTION, RESPONDENT HAD 16 PCB TRANSFORMERS AND 24 PCB LARGE HIGH VOLTAGE CAPACITORS IN USE.
THE RESPONDENT HAD 5 PCB TRANSFORMERS AND 5 PCB LARGE HIGH VOLTAGE CAPACITORS STORED ON-SITE FOR RE-USE SINCE AT LEAST DEC 1, 2013, IN BAY 5 WHEN RESPONDENT PURCHASED THE FACILITY.
ALL TRANFORMERS IDENTIFIED ABOVE CONTAIN MORE THAN 3 POUNDS OF UNKNOWN DIELECTRIC FLUID WITH AN UNKNOWN PCB CONCENTRATION AND AN UNKNOWN MANUFACTURE DATE.
ALL CAPACITORS IDENTIFIED ABOVE HAD NO MANUFACTURE DATE AND SOME WERE LABELED WITH A PCB MARK.
RESPONDENT DID NOT HAVE PAPERWORK ASSOCIATED WITH PCB ITEMS ONSITE.
40 CFR 761.2(a)(3) STATES THAT ANY PERSON MUST ASSUME THAT A TRANSFORMER MANUFACTURED PRIOR TO JULY 2, 1979, THAT CONTAINS 2.36 KILOGRAMS (3 POUNDS) ORMORE OF FLUID OTHER THAN MINERAL OIL AND WHOSE PCB CONCENTRATION IS NOT ESTABLISHED, IS A PCB TRANSFORMER. IF THE DATE OF MANUFACTURE AND THE TYPE OF DIELECTRIC FLUID ARE UNKNOWN, ANY PERSON MUST ASSUME THE TRANSFORMER TO BE A PCB TRANSFORMER.
40 CFR 761.30(a)(1)(vi)(A) REQUIRES THAT NO LATER THAN DEC 28, 1998, ALL OWNERS OF PCB TRANSFORMERS, INCLUDING THOSE IN STORAGE FOR REUSE, MUST REGISTER THEIR TRANSFORMERS WITH EPA'S NATIONAL PROGRAM CHEMICALS DIV, OFFICE OF POLLUTION P