EPA v. FENNER DUNLOP OF AMERICANS, INC.

Case summary

9/31/12 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $62,000, DUE WITHIN 30 DAYS. ALLEGATIONS: ON OR ABOUT FEB 18, 2011, EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY. AT THE TIME OF THE INSPECTION, THE FACILITY WAS UNDERGOING DEMOLITION BY RESPONDENT'S CONTRACTOR AND ELECTRICAL POWER TO THE BLDG HAD BEEN SHUT OFF. RESPONDENT HAS ASSERTED THAT IT MADE EVERY REASONABLE EFFORT TO ENSURE THAT ALL PCB-CONTAINING WASTE WOULD BE PROPERLY HANDLED DURING THE DEMOLITION. INSPECTORS OBSERVED CAPACITORS IN THE KNITTING ROOM THAT WERE LEAKING AND DRIPPING FLUIDS ONTO THE FLOOR. BASED ON TEH AGE OF THE FACILITY AND THE CONDITION OF THE CAPACITORS, AND IN ACCORDANCE WITH THE PCB CONCENTRATION ASSUMPTIONS FOR USE FOUND AT 40 CFR 761.2(a)(4), THE CAPACITORS MUST BE ASSUMED TO HAVE CONTAINED PCB CONCENTRATIONS GREATER THAN OR EQUAL TO 500 PPM. THE INSPECTORS ALSO OBSERVED LEAKING PYRANOL (PCB) CAPACITORS IN THE BASEMENT. POOLING OF PCB OIL WAS OBSERVED SURROUNDING THESE PYRANOL CAPACITORS. DUE TO THE PRESENCE OF EQUIPMENT THAT WAS LEAKING PCBs AND NO EVIDENCE THAT ACTION HAD BEEN TAKEN TO CLEAN IT UP AND PROPERLY DISPOSE OF THE PCB WASTE AND EQUIPMENT, EPA ALLEGES THAT THE RESPONDENT VIOLATED 40 CFR 761.125 AND 761.60. PURSUANT TO THE REQUIREMENTS SET FORTH IN 40 CFR 761.40, PCB ITEMS MUST BE MARKED WITH THE Ml MARK. DURING THE FEB 18, 2011, INSPECTION, THESE MARKS WERE NOT OBSERVED ON ANY OF THE VARIOUS PCB ELECTRICAL EQUIPMENT OBSERVED AT THE FACILITY, INCLUDING CAPACITORS, TRANSFORMERS AND BALLASTS. THEREFORE, EPA ALLEGES THAT RESPONDENT VIOLATED 40 CFR 761.40. PURSUANT TO REQUIREMENTS SET FORTH IN 40 CFR 761.65(b), ALL PCB ITEMS DESIGNATED FOR DISPOSAL MUST BE STORED IN AN AREA WITH AN ADEQUATE ROOF, WALLS, AND A NON-POROUS FLOOR WITH CURBING. PCB ITEMS WERE NOT STORED IN AN AREA WITH A NON-POROUS FLOOR WITH CURBING, SPECIFICALLY THE PCB ITEMS WERE STORED ON A WOODEN FLOOR. THEREFORE, EPA ALLEGES THAT RESPONDENT VIOLATED 40 CFR 761.65(b). PURSUANT TO THE REQUIREMENTS SET FORTH IN 40 CFR 761.65(c)(5), PCB ITEMS BEING STORED FOR DISPOSAL SHALL BE CHECKED FOR LEAKS AT LEAST ONCE 30 DAYS. RECORDS OF INSPECTION, MAINTENANCE, CLEANUP AND DISPOSAL MUST BE MAINTAINED IN ACCORDANCE WITH 40 CFR 761.180(a) AND (b). DURING FEB 18, 2011, INSPECTION, THE INSPECTORS OBSERVED THAT ALL THE ELECRICAL EQUIPMENT INCLUDING PCB ITEMS AND/OR PCB EQUIPMENT AT THE FACILITY HAD BEEN DISCONNECTED FROM THE MAIN POWER SOURCED AND WERE BEING STORED FOR DISPOSAL. ADDITIONALLY, WHEN ASKED, RESPONDENT WAS NOT ABLE TO PRODUCE INSPECTION RECORDS AND RESPONDENT HAD BEEN UNAWARE THAT THE PCB REGS APPLIED TO THE PCB ITEMS AND/OR PCB EQUIPMENT AT THE FACILITY. THEREFORE, EPA ALLEGES THAT THE RESPONDENT VIOLATED 40 CFR 761.65(c)(5) AND 761.180(a) AND (b). PURSUANT TO THE REQUIREMENTS SET FORTH IN 40 CFR 761.65(c)(8), PCB ITEMS MUST BE MARKED WITH THE DATE ON WHICH THEY ARE REMOVED FROM SERVICE. DURING THE FEB 18, 2011, INSPECTION, THE INSPECTORS DETERMINED THAT THE PCB-ELECTRICAL EQUIPMENT AT THE FACILITY HAD NOT BEEN MARKED WITH OUT-OF-SERVICE DATES. THEREFORE, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED 40 CFR 761.65(c)(8).

Defendants (1)

• FENNER DUNLOP AMERICAS, INC.Named in complaintNamed in settlement

Facilities (1)

• FENNER DUNLOP

  21 LAREDO DRIVE, AVONDALE ESTATES, GA, 30002

  Registry ID: 110043718064

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• FENNER DUNLOP OF AMERICANS, INC.entered 2012-09-13

  Primary law: TSCA

  Federal penalty: $62,000

Timeline (4 milestones)

• 2012-09-13Final Order Issued
• 2012-09-13Complaint Filed/Proposed Order
• 2012-09-14Enforcement Action Closed
• 2012-09-18Enforcement Action Data Entered