EPA v. FCC ENVIRONMENTAL, LLC, NOW KNOWN AS HCC CORP, LLC (HERITAGE-CRYSTAL CLEAN)

Case summary

On May 24, 2016, a combined Complaint and Consent Agreement (CAFO) was signed resolving alleged violations against FCC Environmental (FCC), now known as HCC Corporation, LLC, and Heritage Crystal Clean, LLC. The CAFO notes violations of polychlorinated biphenyls (PCB) regulations issued under the Toxic Substances Control Act (TSCA). FCC has a wide range of customers ranging from small auto-repair facilities to large industrial plants. In January 2014, FCC received 250 gallons of used oil, containing 38,000 parts per million (ppm) of total PCBs, from a facility which specializes in the repair of heavy equipment and older equipment. This oil was then added to other used oil, resulting in the PCB contamination of over 150,000 gallons of used oil. This diluted PCB used oil was then transported to three customers. In February 2014, FCC self-reported to EPA the discovery of the diluted PCB used oil. The PCB violations identified in the CAFO are: 1) distribution in commerce of diluted PCB-used oil with an original source concentration of greater than 50 ppm PCBs; 2) failing to prepare manifests for PCB waste; 3) failure to notify EPA prior to engaging in PCB waste generation activities; and 4) failure to notify EPA prior to engaging in PCB waste transportation activities. The proposed penalty amount was $366,650 and settlement negotiations resulted in a final penalty amount of $108,496.

Defendants (1)

• HERITAGE-CRYSTAL CLEANNamed in complaintNamed in settlement

Facilities (1)

• HERITAGE-CRYSTAL CLEAN

  5800 FARRINGTON AVENUE, ALEXANDRIA, VA, 223044822

  Registry ID: 110069231254

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• FCC ENVIRONMENTAL, LLC, NOW KNOWN AS HCC CORP, LLC (HERITAGE-CRYSTAL CLEAN)entered 2016-05-24

  Primary law: TSCA

  Federal penalty: $108,496

Timeline (3 milestones)

• 2016-05-24Complaint Filed/Proposed Order
• 2016-05-24Final Order Issued
• 2016-06-02Enforcement Action Data Entered