EPA v. TIMKEN US CORPORATION

Case summary

1/27/06 - NOTICE OF DETERMINATION ISSUED. FINDINGS OF FACT: IN ITS DISCLOSURE TO EPA DATED JANUARY 23, 2004, EARTH TECH DISCLOSED THAT IT MAY HAVE VIOLATED TSCA REQUIREMENTS FOR THE DISPOSAL OF PCB BULK PRODUCT WASTE FOUND AT 40 CFR SECTION 761.62 IN CONNECTION WITH WORK IT WAS DOING AT THE SRS FACILITY. THE COMPANY DISPOSED OF TWO 4' x 6' WALL PANELS THAT WERE PAINTED WITH A PAINT THAT CONTAINED PCBs AT APPROXIMATELY 55 PPM. PURSUANT TO 40 CFR 761.62(b)(4)(i), [A]NY PERSON DISPOSING OFF-SITE OF PCB BULF PRODUCT WASTE AT A WASTE MANAGEMENT FACILITY NOT HAVING A COMMERCIAL STORAGE OR DISPOSAL APPROVAL MUST PROVIDE WRITTEN NOTICE TO THE FACILITY A MINIMUM OF 15 DAYS IN ADVANCE OF THE FIRST SHIPMENT FROM THE SAME DISPOSAL WASTE STREAM. EARTH TECH DID NOT PROVIDE THAT NOTICE AND THEREBY VIOLATED 40 CFR 761.62(b)(4)(i). EARTH TECH REPORTED THAT THE VIOLATION WAS DISCOVERED IN THE COURSE OF A VOLUNTARY, SYSTEMIC AND OBJECTIVE ENVIRONMENTAL AUDIT. THE AUDIT WAS CONDUCTED BY THE COMPANY.

Defendants (2)

• XNamed in settlement
• TIMKEN COMPANYNamed in complaintNamed in settlement

Facilities (3)

• TRANE TECHNOLOGIES CO LLC SYLVANIA PLANT (FKA INGERSOLL) HSI 10016

  400 FRIENDSHIP RD, SYLVANIA, GA, 30467

  Registry ID: 110042041475

• TRANE TECHNOLOGIES CO LLC SYLVANIA PLANT (FKA INGERSOLL) HSI 10016

  400 FRIENDSHIP RD, SYLVANIA, GA, 30467

  Registry ID: 110042041475

• TIMKEN COMPANY

  3055 TORRINGTON DRIVE, BALL GROUND, GA, 30107

  Registry ID: 110023128756

Statutes cited

• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• TIMKEN US CORPORATIONentered 2006-04-06

  Primary law: EPCRA

Timeline (3 milestones)

• 2006-04-04Enforcement Action Data Entered
• 2006-04-06Enforcement Action Closed
• 2006-04-06Final Order Issued