EPA v. DEPARTMENT OF THE ARMY

Case summary

THE REGIONAL JUDICIAL OFFICER SIGNED A FINAL ORDER ON OCTOBER 29, 2009 RATIFYING A CONSENT AGREEMENT NEGOTIATED IN SETTLEMENT OF AN ENFORCEMENT MATTER COMPLAINT AGAINST THE RESPONDENT, THE UNITED STATES ARMY ( RESPONDENT ). THE CONSENT AGREEMENT INVOLVES ALLEGED VIOLATIONS OF THE TOXIC SUBSTANCES CONTROL ACT ( TSCA ), 15 U.S.C. SECTION 2605(C), AND THE REGULATIONS IMPLEMENTING TSCA SECTION 6(E), 15 U.S.C. SECTION 2605(E), AS SET FORTH AT 40 C.F.R. PART 761. RESPONDENT HAS AGREED TO PROPERLY REMOVE AND DISPOSE OF RESPONDENT'S REMAINING PCB TRANSFORMER HOUSED AT ITS FACILITY. RESPONDENT'S FACILITY, WERE THE VIOLATIONS OCCURRED, WAS FORMALLY KNOWN AS FORT MEYER. IT IS NOW NAMED THE JOINT BASE MYER-HENDERSON HALL (THE FACILITY ). THE FACILITY IS LOCATED NEXT TO ARLINGTON NATIONAL CEMETERY IN ARLINGTON, VIRGINIA. THE MILITARY UNIT THAT PERFORMS CEREMONIAL DUTIES AT THE CEMETERY IS HOUSED AT THIS FACILITY, ALONG WITH THE SUPPORTING HORSES AND CAISSONS. THE FACILITY IS ALSO THE HOME OF THE U.S. ARMY BAND AND MANY HIGH RANKING MILITARY OFFICERS. RESPONDENT HAS THREE PCB TRANSFORMERS IN USE AT THE TIME OF EPA'S INSPECTION WHICH SUPPLIED THE BASIS FOR THE VIOLATIONS. RESPONDENT FAILED TO MAINTAIN RECORDS OF QUARTER INSPECTIONS OR A MAINTENANCE HISTORY FOR THE FACILITY'S PCB TRANSFORMERS. NONE OF THE THREE PCB TRANSFORMERS WERE MARKED WITH A PCB LABEL. THERE WAS IMPROPER STORAGE OF COMBUSTIBLE MATERIALS WITHIN 5 METERS OF AN ENCLOSED PCB TRANSFORMER. IN ADDITION, RESPONDENT DID NOT HAVE ANNUAL RECORDS OR AN ANNUAL DOCUMENT LOG ON FILE AT THE FACILITY.

Defendants (1)

• US ARMYNamed in complaintNamed in settlement

Facilities (4)

• JOINT BASE MYER-HENDERSON HALL A/K/A US ARMY - FORT MYER MILITARY COMMUNITY

  204 LEE AVENUE, FORT MYER, VA, 22211

  Registry ID: 110042045596

• JOINT BASE MYER-HENDERSON HALL A/K/A US ARMY - FORT MYER MILITARY COMMUNITY

  204 LEE AVENUE, FORT MYER, VA, 22211

  Registry ID: 110042045596

• JOINT BASE MYER-HENDERSON HALL A/K/A US ARMY - FORT MYER MILITARY COMMUNITY

  204 LEE AVENUE, FORT MYER, VA, 22211

  Registry ID: 110042045596

• JOINT BASE MYER-HENDERSON HALL A/K/A US ARMY - FORT MYER MILITARY COMMUNITY

  204 LEE AVENUE, FORT MYER, VA, 22211

  Registry ID: 110042045596

Statutes cited

• TSCA 15-2 — Knowing Commercial Use [15(2)]
• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• DEPARTMENT OF THE ARMYentered 2009-12-18

  Primary law: TSCA

Timeline (2 milestones)

• 2009-12-18Final Order Issued
• 2010-01-26Enforcement Action Data Entered