EPA v. ALABAMA BOARD OF PARDONS AND PAROLES

Case summary

9/21/12 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY $2,000 DUE WITHIN 30 DAYS. ALLEGATIONS: ON AUG 29, 2011, AN INSPECTION WAS CONDUCTED BY THE AL DEPT OF ENVIRONMENTAL MGMT (ADEM) AT RESPONDENT'S FACILITY IN THOMASVILLE, AL, TO DETERMINE COMPLIANCE WITH THE REGS. AT THE TIME INSPECTION, INFO OBTAINED BY ADEM INDICATED THAT THE U.S. ARMY BUILT A RADAR TOWER AND INSTALLED A SUBSTATION IN 1959. THE INSTALLATION INCLUDED A SUBSTATION CONSISTING OF 3 LARGE ESCO TRANFORMERS AND 9 LARGE CAPACITORS. THE U.S. ARMY APPARENTLY DECOMMISSIONED THE RADAR DISH ANTENNA AND SOME EQUIPMENT PRIOR TO TURNING THE PROPERTY OVER TO THE STATE OF AL. THE CONCRETE TOWER, ELEVATOR AND THE SUBSTATION WERE LEFT IN PLACE. AT THE TIME OF THE INSPECTION, ADEM OBSERVED 3 LARGE ESCO TRANSFORMERS AND 9 LARGE CAPACITORS (PCB ITEMS) MOUNTED ON A CONCRETE PAD AND WERE NOT IN SERVICE. THE PCB ITEMS WERE USED TO POWER MOTORS ON TOP OF THE TOWER THAT ROTATED THE RADAR ANTENNA ALONG WITH POWER FOR OPERATION. ALTHOUGH THE PCB CONCENTRATION WAS NOT KNOWN, ALL THE PCB ITEMS WERE ASSUMED TO CONTAIN PCB OIL IN CONNECTION GREATER THAN 500 ppm. ADEM DID NOT OBSERVE ANY DISREPAIR OR LEAKS. EPA ISSUED RESPONDENT A NOTICE OF VIOLATION OF TSCA AND NOTICE OF OPPORTUNITY TO SHOW CAUSE ON MAY 11, 2012 FOR APPARENT PCB VIOLATIONS. THE RESPONDENT CONTACTED EPA ON MAY 16, 2012, TO REQUEST A DATE TO ATTEND A SHOW CAUSE MEETING. EPA REQUESTED THAT RESPONDENT PROVIDE WRITTEN INFO AND/OR DOCUMENTATION OF ANY NEW FINDINGS OR FACTS NOT PREVIOUSLY KNOWN TO EPA PRIOR TO THE MEETING DATE. ON MAY 23, 2012, RESPONDENT CONTRACTED WITH FLORIDA TRANSFORMER, INC. (FTI) FOR THE REMOVAL, LABORATORY TESTING, AND DISPOSAL OF THE PCB ITEMS. ON JUNE 1, 2012, THE PCB ITEMS WERE REMOVED FROM RESPONDENT'S FACILITY. THE PCB ITEMS WERE SAMPLED AND TESTED BY FTI ON OR ABOUT JUNE 7, 2012. THE PCB ITEMS WERE TRANSPORTED TO FTI, LOCATED IN DEFUNIAK SPRINGS, FL, FOR PROCESSING AND STORAGE WITH FINAL DISPOSAL TO CHEMICAL WASTE MGMT OF EMELLE, AL. THE RESPONDENT SUBMITTED A HAZARDOUS WASTE MANIFEST SHOWING SHIPMENT OF THE PCB ITEMS. BASED ON THE ANALYTICAL LABORATORY TEST RESULTS SUBMITTED BY THE RESPONDENT, THE TOTAL PCB CONCENTRATION FOR THE 3 LARGE TRANSFORMS, WERE NON-DETECT, 3 ppm, AND 2 ppm. THE TOTAL PCB CONCENRATION FOR THE 9 LARGE CAPACITORS, RANGED FROM A HIGH CONCENTRATION OF 2,117,519 ppm TO A LOW CONCENTRATION OF 736,552 ppm. PURSUANT TO 40 CFR 761.40(a)(3), PCB ITEMS MUST BE MARKED WITH THE PCB Ml LABEL AT THE TIME OF MANUFACTURE, AT THE TIME OF DISTRIBUTION IN COMMERCE IF NOT ALREADY MARKED, AND AT THE TIME OF REMOVAL FROM USE IF NOT ALREADY MARKED. NINE LARGE CAPACITORS DID NOT HAVE A PCB MLl LABEL. THEREFORE, EPA ALLEGES RESPONDENT VIOLATED 40 CFR 761.40(a)(3). PURSUANT TO 40 CFR 761.65(c)(8), PCB ITEMS MUST BE DATED ON THE ITEM WHEN THEY ARE REMOVED FROM SERVICE FOR DISPOSAL. NINE LARGE CAPACITORS WERE NOT MARKED IWTH A DATE. THEREFORE, EPA ALLEGES RESPONDENT VIOLATED 40 CFR 761.65(c)(8). PURSUANT TO 40 CFR 761.65(b), PCBs AND PCB ITEMS DESIGNATED FOR DISPOSAL MUST BE STORED IN AN AREA WITH AN ADEQUATE ROOF, WALLS, AND NON-POROUS FLOOR WITH CURBING. THE STORAGE FOR DISPOSAL REQUIREMENT FOR THE 9 LARGE CAPACITORS WAS NOT ADEQUATE. THEREFORE, EPA ALLEGES RESPONDENT VIOLATED 40 CFR 761.65(b).

Defendants (1)

• ALABAMA BOARD OF PARDONS AND PAROLESNamed in complaintNamed in settlement

Facilities (1)

• ALABAMA BOARD OF PARDONS AND PAROLES

  2115 BASHI ROAD, THOMASVILLE, AL, 36784

  Registry ID: 110054085333

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• ALABAMA BOARD OF PARDONS AND PAROLESentered 2012-09-21

  Primary law: TSCA

  Federal penalty: $2,000

Timeline (4 milestones)

• 2012-09-21Final Order Issued
• 2012-09-21Complaint Filed/Proposed Order
• 2012-09-24Enforcement Action Data Entered
• 2012-10-23Enforcement Action Closed