EPA v. CANNON EQUIPMENT SOUTHEAST, INC.

Case summary

9/25/12-CAFO ISSUED.PENALTY OF $62,620 DUE IN 30 DAYS. ALLEGATIONS: ON OR ABOUT SEP 15, 2011, AN INSPECTION WAS CONDUCTED BY EPA AND TDEC TO DETERMINE COMPLIANCE WITH THE PCB REGS. AT TIME OF INSPECTION FACILITY WAS IN OPERATION. PURSUANT TO 40 CFR 761.40(k)(1) AND (2), PCB ITEMS MUST BE MARKED WITH Ml MARK.INSPECTORS OBSERVED 3 UNMARKED PCB TRANSFORMERS IN THE MACHINE SHOP SUBSTATION AND A BANK OF 8 UNMARKED PCB CAPACITORS IN THE LOCK OLD BOILER ROOM. ALSO, THE ENTRANCE TO THE OLD BOILER ROOM, WHICH CONTAINED PCB EQUIPMENT, WAS UNMARKED. VIOLATION OF 40 CFR 761.40(k)(1) AND (2). PURSUANT TO 40 CFR 761.65(c)(1), CERTAIN PCB ITEMS SUCH AS NON-LEAKING PCB ARTICLES AND PCB EQUIPMENT MAY BE STORED TEMPORARILY IN AN AREA THAT DOES NOT COMPLY WITH THE REQUIREMENTS OF 40 CFR 761.65(b) OF THIS SECTION FOR UP TO 30 DAYS FROM THE DATE OF THEIR REMOVAL FROM SERVICE, PROVIDED THAT A NOTATION IS ATTACHED TO THE PCB ITEM OR A PCB CONTAINER (CONTAINING THE ITEM) INDICATING THE DATE THE ITEM WAS REMOVED FROM SERVICE. INSPECTORS OBSERVED 3 PCB TRANSFORMERS IN THE MACHINE SHOP SUBSTATION THAT HAD BEEN DISCONNECTED AND STORED FOR DISPOSAL. ALSO THE 16 OUT-OF-SERVICE PCB CAPACITORS WERE STORED FOR DISPOSAL IN THE EXTERIOR CANOPY SECTION OF THE FORMER PLATING OPERATION BULIDING. THESE UNITS HAD NO REMOVED-FROM-SERVICE DATE NOTATION ATTACHED TO THEM. VIOLATION OF 40 CFR 761.65(c)(1). PURSUANT TO 40 CFR 761.65(c)(2), NON-LEAKING AND STRUCTURALLY UNDAMAGED PCB LARGE HIGH VOLTAGE CAPACITORS AND PCB-CONTAMINATED ELECTRICAL EQUIPMENT THAT HAVE NOT BEEN DRAINED OF FREE FLOWING DIELECTRIC FLUID MAY BE STORED ON PALLETS NEXT TO A STORAGE FACILITY THAT MEETS THE REQUIREMENTS OF 40 CFR 761.65(b). DURING THE INSPECTION, THE 16 OUT-OF-SERVICE PCB CAPACITORS WERE STORED FOR DISPOSAL IN THE EXTERIOR CANOPY SECTION OF THE FORMER PLATING OPERATIONS BUILDING. THE EXTERIOR SURFACES OF THE CAPACITORS WERE WEATHERED OR CORRODING AND COVERED BY FLAKING PAINT, BUT NO LEAKS OR STAINING WERE OBSERVED ON THE GROUND SURROUNDING THE CAPACITORS. HOWEVER, THE AREA WHERE THE PCB CAPACITORS WERE BEING STORED FOR DISPOSAL DID NOT COMPLY WITH THE STORAGE UNIT REQUIREMENTS NOR WAS THE AREA LOCATED ADJACENT TO A STORAGE AREA THAT MEETS THE REQUIREMENTS OF 40 CFR 761.65(b). VIOLATION OF STORAGE FOR DISPOSAL REQUIREMENTS IN 40 CFR 761.65(c)(2). PURSUANT TO 40 CFR 761.65(c)(3), ANY STORAGE AREA SUBJECT TO THE REQUIREMENTS OF 40 CFR 761.65(b)OR (c)(1) OF THIS SECTION SHALL BE MARKED AS REQUIRED IN 40 CFR 761.40(a)(1). THE INSPECTORS OBSERVED THAT TWO PCB STORAGE AREAS, INCLUDING THE MACHINE SHOP SUBSTATION AND THE EXTERIOR CANOPY SECTION OF THE FORMER PLATING OPERATION BUILDING, WERE UNMARKED. VIOLATION OF 40 CFR 761.65(c)(3). PURSUANT TO 40 CFR 761.65(c)(5), PCB ITEMS BEING STORED FOR DISPOSAL SHALL BE CHECKED OFR LEAKS AT LEAST ONCE EVERY 30 DAYS. RECORDS OF INSPECTION, MAINTENANCE, CLEANUP AND DISPOSAL MUST BE MAINTAINED IN ACCORDANCE WITH 40 CR 761.180(a). DURING THE INSPECTION, CANNON FAILED TO PRODUCE EVIDENCE THAT IT HAD CONDUCTED THE REQUIRED PCB INSPECTIONS OR HAD MAINTAINED RECORDS OF INSPECTION, MAINTENANCE, CLEANUP AND DISPOSAL FOR THE OUT-SERVICE PCB CAPACITORS AND TRANSFORMERS. VIOLATION OF 40 CFR 761.65(c)(5) AND 40 CFR 761.180(a). PURSUANT TO 40 CFR 761.180(a), EACH OWNER OR OPERATOR OF A FACILITY, OTHER THAN A COMMERCIAL STORER OR DISPOSER OF PCB WASTE SHALL DEVELOP & MAINTAIN, OR A CENTRAL FACILITY PROVIDED THEY ARE MAINTAINED AT THE FACILITY, ALL ANNUAL RECORDS AND WRITTEN DOCUMENT LOG OF DISPOSITION OF PCBs AND PCB ITEMS. INSPECTORS OBSERVE NO ANNUAL DOCUMENT LOGS OR ANNUAL RECORDS FOR TRANSFORMERS AND CAPACITORS. VIOLATION OF 40 CFR 761.180(a). PURSUANT TO 40 CFR 761.30(a)(1)(vi)(A), BY NO LATER THAN 12-28-98, OWNERS OF PCB TRANSFORMERS MUST REGISTER TRANSFORMERS WITH EPA AND RETAIN A RECORD OF EACH TRANSFORMER'S REGISTRATION WITH INSPECTION,MAINTENANCE RECORDS. RESPONDENT COULD NOTPRODUCE FOR 6 TRANSFORMERS. 40 CFR 761.30(a)(1)(vi)(A), (C).

Defendants (1)

• CANNON EQUIPMENT SOUTHEAST, INC.Named in complaintNamed in settlement

Facilities (2)

• CANNON EQUIPMENT SOUTHEAST INCORPORATED

  950 RIVERSIDE DR., CHATTANOOGA, TN, 374030000

  Registry ID: 110000371696

• CANNON EQUIPMENT SOUTHEAST INCORPORATED

  950 RIVERSIDE DR., CHATTANOOGA, TN, 374030000

  Registry ID: 110000371696

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• CANNON EQUIPMENT SOUTHEAST, INC.entered 2012-09-25

  Primary law: TSCA

  Federal penalty: $62,620

Timeline (4 milestones)

• 2012-09-25Complaint Filed/Proposed Order
• 2012-09-25Final Order Issued
• 2012-09-27Enforcement Action Data Entered
• 2012-10-19Enforcement Action Closed