EPA v. BEALIEU FIBERS AND FABRICS

Case summary

7/27/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $47,745, DUE WITHIN 30 DAYS. RESPONDENT'S FACILITY IS A USER OF PCB ITEMS OPERATING IN THE STATE OF ALABAMA. ON OR ABOUT DEC 16, 2008, AN INSPECTION WAS CONDUCTED BY ADEM AT RESPONDENT'S FACILITY TO DETERMINE COMPLIANCE WITH REGULATIONS PROMULGATED UNDER SECTION 6(e) OF TSCA PERTAINING TO PCBs. DURING THE INSPECTION, ADEM OBSERVED THAT RESPONDENT HAD TWO LARGE ALLIS CHALMERS TRANSFORMERS IN SERVICE, EACH CONTAINING 500 GALLONS OF DIELECTRIC FLUID. BOTH TRANSFORMERS CONTAINED PCBs IN CONCENTRATION EXCEEDING 500 PPM THEREBY CLASSIFYING THEM AS PCB TRANSFORMERS. ANALYTICAL RESULTS OF SAMPLES COLLECTED BY RESPONDENT BY RESPONDENT FROM THE TWO TRANSFORMERS SHOWED AS FOLLOWS: A. ALLIS CHALMERS TRANSFORMER, SERIAL NUMBER 5017302, LOCATED AT SUBSTATION #1, CONTAINED PCBs AT A CONCENTRATION OF 22,632 PPM. B. ALLIS CHALMERS TRANSFORMER, SERIAL NUMBER 5017303, LOCATED AT SUBSTATION #2, CONTAINED PCBs AT A CONCENTRATION OF 25,414 PPM. EPA ALLEGES THAT RESPONDENT FAILED TO REGISTER THE TWO PCB TRANSFORMERS IDENTIFIED ABOVE WITH EPA AS REQUIRED BY 40 CFR 761,30(a)(1)(vi)(A). THEREFORE, EPA ALLEGES THAT RESPONDENT VIOLATED SECTION 15 OF TSCA. PURSUANT TO 40 CFR 761.40(a)(2), OWNERS OF PCB TRANSFORMERS SHALL ENSURE THAT ALL PCB TRANSFORMERS ARE MARKED WITH THE ML MARKING AS DESCRIBED IN 40 CFR 761.45(a). THE TWO TRANSFORMERS DID NOT HAVE THE REQUIRED PCB ML MARKINGS. THEREFORE, EPA ALLEGES THAT RESPONDENT VIOLATED 40 CFR 761.40(a)(2). PURSUANT TO 40 CFR 761.40(j), OWNERS OF PCB TRANSFORMERS SHALL ENSURE THAT ALL ACCESS WAYS TO PCB TRANSFORMERS ARE MARKED WITH PCB ML MARKINGS AS DESCRIBED IN 40 CFR 761.45(a). THE PCB TRANSFORMER ACCESS WAYS DID NOT HAVE PCB ML MARKINGS. THEREFORE, EPA ALLEGES THAT RESPONDENT VIOLATED 40 CFR 761.40(j). PURSUANT TO 40 CFR 761.180(a), A WRITTEN ANNUAL DOCUMENT LOG SHALL BE PREPARED AND MAINTAINED FOR AT LEAST 3 YEARS. NO ANNUAL DOCUMENT LOGS WERE MADE AVAILABLE DURING THE INSPECTION. THEREFORE, EPA ALLEGES THAT RESPONDENT VIOLATED 40 CFR 761.180(a). PURSUANT TO 40 CFR 761.30(a)(1)(ix), QUARTERLY INSPECTIONS SHALL BE PERFORMED ON ALL PCB CONTAINING EQUIPMENT. IN ADDITION, RECORDS OF THESE INSPECTION SHOULD BE KEPT ON SITE. NO RECORDS OF INPSECTIONS WERE MADE AVAILABLE FOR REVIEW AT THE TIME OF EPA'S INSPECTION, ALTHOUGH RESPONDENT LATER PRESENTED EVIDENCE INDICATING THAT INSPECTIONS HAD BEEN CONDUCED. BECAUSE THE RECORDS WERE NOT MADE AVAILABLE FOR REVIEW AT THE TIME OF THE INSPECTION, HOWEVER, EPA ALLEGES THAT RESPONDENT VIOLATED 40 CFR 761.30(a)(1)(ix).

Defendants (1)

• BEALIEU FIBERS AND FABRICSNamed in complaintNamed in settlement

Facilities (6)

• BEAULIEU FIBERS & FABRIC

  115 INDUSTRIAL PARK ROAD, EUFAULA, AL, 36027

  Registry ID: 110009352583

• BEAULIEU FIBERS & FABRIC

  115 INDUSTRIAL PARK ROAD, EUFAULA, AL, 36027

  Registry ID: 110009352583

• BEAULIEU FIBERS & FABRIC

  115 INDUSTRIAL PARK ROAD, EUFAULA, AL, 36027

  Registry ID: 110009352583

• BEAULIEU FIBERS & FABRIC

  115 INDUSTRIAL PARK ROAD, EUFAULA, AL, 36027

  Registry ID: 110009352583

• BEAULIEU FIBERS & FABRIC

  115 INDUSTRIAL PARK ROAD, EUFAULA, AL, 36027

  Registry ID: 110009352583

• BEAULIEU FIBERS & FABRIC

  115 INDUSTRIAL PARK ROAD, EUFAULA, AL, 36027

  Registry ID: 110009352583

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• BEALIEU FIBERS AND FABRICSentered 2010-07-27

  Primary law: TSCA

  Federal penalty: $47,745

Timeline (4 milestones)

• 2010-07-27Complaint Filed/Proposed Order
• 2010-07-27Final Order Issued
• 2010-08-16Enforcement Action Data Entered
• 2010-08-24Enforcement Action Closed