EPA v. KIMBERLY-CLARK CORP

Case summary

As a result of the Region III enforcement initiative known as the PCB Challenge, the Region entered into a Consent Agreement/Final Order with Kimberly-Clark Corporation, TSCA 03-2010-0117, on March 30, 2010, resolving alleged violations at the Kimberly-Clark of PA facility located in Chester, Pennsylvania. This enforcement action addresses and resolves a violation of TSCA Section 6(e), 15 U.S.C. § 2605(e), and implementing regulations set forth in 40 C.F.R. Part 761 (“Polychlorinated Biphenyls (PCBs) Manufacturing, Processing, Distribution in Commerce, and Use Prohibitions”) regarding the unauthorized use of three PCB transformers which were not registered by the regulatory deadline. Respondent has removed the PCB transformers at issue from its facility, properly disposed of them in accordance with 40 C.F.R. Part 761, and will pay a penalty for the unauthorized use violation. As a result of this action, PCB have been eliminated from the environment.

Defendants (1)

• KIMBERLY-CLARK CORPNamed in complaintNamed in settlement

Facilities (2)

• KIMBERLY-CLARK OF PA

  1 AVENUE OF STATES, CHESTER, PA, 19013

  Registry ID: 110000603847

• KIMBERLY-CLARK OF PA

  1 AVENUE OF STATES, CHESTER, PA, 19013

  Registry ID: 110000603847

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• KIMBERLY-CLARK CORPentered 2010-03-30

  Primary law: TSCA

  Federal penalty: $12,700

Timeline (3 milestones)

• 2010-03-30Final Order Issued
• 2010-03-30Complaint Filed/Proposed Order
• 2010-04-05Enforcement Action Data Entered