EPA v. TRANSFORMER SALVAGE, INC.

Case summary

8/30/12 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $6236, DUE WITHIN 30 DAYS. ALLEGATIONS: ON OR ABOUT DEC 7, 2011, EPA CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY TO DETERMINE COMPLIANCE WITH PCB REGS. AT THE TIME OF THE INSPECTION, REPRESENTATIVES OF RESPONDENT ADVISED EPA'S INSPECTORS THAT THE FACILITY RECEIVES DRAINED TRANSFORMERS THAT HAVE CONTAINED UP TO 499 PPM OF PCBs. THE DRAINED TRANSFORMERS ARE TRIPLE RINSED WITH DIESEL AND SOLD TO CHINA FOR SCRAP METAL. IN A LETTER RESPONDENT SENT TO EPA, DATED APR 23, 2012, RESPONDENT STATED THAT IT HAD SHIPPED 26 DRAINED AND TRIPLE RINSED PCB-CONTAMINATED TRANSFORMERS TO CHINA IN 2010 AND 2011. EACH TRANSFORMER WAS IN THE RANGE OF 3 KVA TO 25 KVA. PURSUANT TO 40 CFR 781.97, ANY PERSON IS PROHIBITED FROM EXPORTING PCBs OR PCB ITEMS FOR DISPOSAL WITHOUT AN EXEMPTION. RESPONDENT EXPORTED PCBs FOR DISPOSAL WITHOUT AN EXEMPTION AND THEREBY VIOLATED 40 CFR 761.97. PURSUANT TO 40 CFR 761.60(b)(4) AND (b)(6)(ii)(A), ANY PERSON DISPOSING OF A PCB-CONTAMINATED ARTICLE IS REQUIRED TO REMOVE ALL FREE-FLOWING LIQUID FROM THE ARTICLE, DISPOSE OF THE LIQUID IN ACCORDANCE WITH 40 CFR 761.60(a), AND DISPOSE OF THE PCB-CONTAMINATED ARTICLE (CONTAINING NO FREE-FLOWING LIQUID) USING ONE OF THE METHODS SPECIFIED IN 40 CFR 761.60. RESPONDENT FAILED TO REMOVE ALL FREE-FLOWING LIQUID FROM PCB-CONTAMINATED TRANSFORMERS IN ACORDANCE WITH 40 CFR 761.60(b)(4) AND (b)(6)(ii)(A). PURSUANT TO 40 CFR 761.40(a)(10) AND (h), STORAGE AREAS USED TO STORE PCBs AND PCB ITEMS FOR DISPOSAL ARE REQUIRED TO BE MARKED WITH THE Ml MARK IN ACCORDANCE WITH 40 CFR 761.45(a). AT THE TIME OF THE INSPECTION, THE FACILITY'S PCB STORAGE AREA WHERE 9 55-GALLONS DRUMS OF PCB-CONTAMINATED OIL WERE BEING STORED WAS NOT LABELED WITH AN Ml MARK. THEREFORE, RESPONDENT VIOLATED 40 CFR 761.40(a)(10) AND (h).

Defendants (1)

• TRANSFORMER SALVAGE, INC. (SB)Named in complaintNamed in settlement

Facilities (1)

• TRANSFORMER SALVAGE, INC.

  1424 EMMANUS CHURCH ROAD, DUDLEY, NC, 28333

  Registry ID: 110018773978

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• TRANSFORMER SALVAGE, INC.entered 2012-08-30

  Primary law: TSCA

  Federal penalty: $6,236

Timeline (4 milestones)

• 2012-08-30Final Order Issued
• 2012-08-30Complaint Filed/Proposed Order
• 2012-09-06Enforcement Action Data Entered
• 2012-09-25Enforcement Action Closed