EPA v. ARAB ELECTRIC COOPERATIVE, INC.

Case summary

12/8/10 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $11,000 DUE WITHIN 30 DAYS. SPECIFIC ALLEGATIONS: ON OR ABOUT JAN 14, 2010, AN INSPECTION WAS CONDUCTED BY ADEM AT RESPODNENT FACILITY TO DETERMINE COMPLIANCE WITH PCB REGULATIONS. 40 CFR 761.65(a)(1) REQUIRES FACILITIES TO COMPLETE DISPOSAL OF PCB ITEMS (SUCH AS TRANSFORMERS) IN STORAGE WITHIN 1 YR). 10 TRANSFORMERS, INCLUDING 9 PCB-CONTAMINATED TRANSFORMERS AND 1 PCB TRANSFORMER THAT HAD BEEN IN STORAGE WERE NOT DISPOSED OF WITHIN 1 YR. THEREFORE, RESPONDENT VIOLATED 40 CFR 761.65(a)(1). 40 CFR 761.65(b)(1)(iv) REQUIRES PCB STORAGE AREAS TO HAVE FLOORS AND CURBING WHICH PREVENT OR MINIMIZE PENETRATION OF PCBs. RESPONDENT'S PCB STORAGE BLDG HAD AN UNSEALED CRACK IN THE FLOOR. THEREFORE, RESPONDENT VIOLATED 40 CFR 761.65(b)(1)(iv). 40 CFR 761.65(c)(5) REQUIRES INSPECTION OF PCB ITEMS IN STORAGE FOR LEAKS AT LEST ONCE EVERY 30 DAYS AND TRANSFER OF ANY LEAKING PCB ITEMS AND THEIR CONTENTS TO NON-LEAKING CONTAINERS. RESPONDENT FAILED TO INSPECT 3 PCB-CONTAMINATED TRANSFORMERS. 2 TRANSFORMERS [ASSUMED TO BE PCB-CONTAMINATED PER 40 CFR 761.2(a)(2)] WERE LEAKING AND THE DIELECTRIC FLUID FROM THESE TRANSFORMERS WERE NOT TRANSFERRED TO NON-LEAKING CONTAINERS. ALL LEAKING TRANSFORMERS DISCUSSED HEREIN WERE LOCATED INSIDE THE PCB STORAGE BLDG. THEREFORE, RESPONDENT VIOLATED 40 CFR 761.65(c)(5). 40 CFR 761.180(a) REQUIRES CERTAIN FACILITIES TO DEVELOP AND MAINTAIN A WRITTEN ANNUAL DOCUMENT LOG. THIS INCLUDES FACILITIES TO DEVELOP AND MAINTAIN A WRITTEN ANNUAL DOCUMENT LOG. THIS INCLUDES FACILITIES THAT USED OR STORED AT LEAST 45 KILOGRAMS OF PCBs CONTAINED IN PCB CONTAINERS OR ONE OR MORE PCB TRANSFORMERS. FROM 2005 TO 2009 AT LEAST 4 PCB TRANSFORMERS WERE STORED IN RESPONDENT'S PCB STORAGE BLDG AT VARIOUS TIMES. RESPONDENT DID NOT DEVELOP AND MAINTAIN A WRITTEN ANNUAL DOCUMENT LOG. THEREFORE, RESPONDENT VIOLATED 40 CFR 761.180(a). 40 CFR 761.207(a) REQUIRES THAT SHIPMENTS OF PCB ITEMS BE DOCUMENTED ON HAZ WASTE MANIFESTS. A TOTAL OF 13 TRANSFORMERS, INCLUDING 12 PCB-CONTAMINATED TRANSFORMERS AND 1 PCB TRANSFORMERS, WERE TRANSPORTED IN 3 SEPARATE SHIPMENTS USING NON-HAZ WASTE MANIFESTS. THEREFORE, RESPONDENT VIOLATED 40 CFR 761.207(a). 40 CFR 761.218(a)(1) REQUIRES GENERATORS OF PCB WASTE TO KEEP A COPY OF EACH CERTIFICATE OF DISPOSAL THAT THEY RECEIVE FROM DISPOSERS OF PCB WASTE. DURING THE INSPECTION, COPIES OF CERTIFICATES OF DISPOSAL WERE NOT AVAILABLE IN RESPONDENT'S RECORDS FOR 12 TRANSFORMERS. THEREFORE, RESPONDENT VIOLATED 40 CFR 761.218(d)(1). RESPONDENT ASSERTS THAT THERE HAVE BEEN NO RELEASES OF PCBs INTO THE ENVIRONMENT AS A RESULT OF ANY OF THESE ALLEGED VIOLATIONS. BASED ON THE INSPECTION REPORT FROM ADEM AND INFO PRESENTED BY RESPONDENT, EPA IS NOT PRESENTLY AWARE OF ANY RELEASE OF PCBs INTO THE ENVIRONMENT AS A RESULT OF THE VIOLATIONS.

Defendants (1)

• ARAB ELECTRIC COOPERATIVE, INC. (SB)Named in complaintNamed in settlement

Facilities (1)

• ARAB ELECTRIC COOPERATIVE, INC.

  331 S. BRINDLEE MOUNTAIN PARKWAY, ARAB, AL, 38109

  Registry ID: 110023009554

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• ARAB ELECTRIC COOPERATIVE, INC.entered 2010-12-09

  Primary law: TSCA

  Federal penalty: $11,000

Timeline (4 milestones)

• 2010-12-09Final Order Issued
• 2010-12-09Enforcement Action Data Entered
• 2010-12-09Complaint Filed/Proposed Order
• 2010-12-21Enforcement Action Closed