EPA v. FLORIDA TRANSFORMER INCORPORATED

Case summary

1/30/13 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $8,100, DUE WITHIN 30 DAYS. ALLEGATIONS: RESPONDENT IS A TSCA-APPROVED FACILITY UNDER 40 CFR 761.65 THAT REPAIRS, SERVICES AND DECOMMISSIONS OIL FILLED ELECTRICAL DISTRICUTION EQUIPMENT. RESPONDENT IS A USER OF PCB ITEMS OPERATING IN THE STATE OF FLORIDA. ON AUG 10, 2011, AN INSPECTION WAS CONDUCTED BY A REPRESENTATIVE OF THE EPA AT THE RESPONDENT'S FACILITY LOCATED AT 4509 STATE HIGHWAY 83, DEFUNIAK SPRINGS, FL, TO DETERMINE COMPLIANCE WITH THE PCB REGS. AT THE TIME OF THE INSPECTION THE FACILITY WAS IN OPERATION. PURSUANT TO 40 CFR 761.40(a)(2), ALL PCBs AND PCB ITEMS SHALL BE MARKED WITH THE PCB ML LABEL SPECIFIED IN 40 CFR 761.45(a). AT THE TIME OF INSPECTION, 13 PCB TRANSFORMERS WERE BEING STORED FOR DISPOSAL IN THE RESPONDENT'S ANCILARY PALLET AREA, BUT NONE OF THEM HAD THE PCB ML MARKING. THEREFORE, EPA ALLEGES THAT THE RESPONDENT VIOLATED 40 CFR 761.40(a)(2). PURSUANT TO 40 CFR 761.65(c)(8), PCB ITEMS, INCLUDING PCB TRANSFORMERS, SHALL BE MARKED WITH THE DATE WHEN THEY ARE REMOVED FROM SERVICE FOR DISPOSAL. NONE OF THE 13 PCB TRANSFORMERS IN STORAGE HAD A REMOVAL FROM SERVICE DATE. THEREFORE, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED 40 CFR 761.65(c)(8). PURSUANT TO 40 CFR 761.60(a), PCB LIQUIDS AT CONCENTRATIONS GREATER THAN OR EQUAL TO 50 MG/KG MUST BE DISPOSED OF IN AN INCINERATOR WHICH COMPLIES WITH 40 CFR 761.70. A WESTINGHOUSE PCB TRANSFORMER, SERIAL NUMBER 66B2579, STORED IN THE RESPONDENT'S IN-PROCESSING AREA AND A 75 KVA GENERAL ELECTRIC (GE) PCB TRANSFORMER, SERIAL NUMBER 6593332, STORED IN THE RESPONDENT'S SECONDARY WORK STATION WERE FOUND TO HAVE LEAKED. BECAUSE THE RESPONDENT FAILED TO PROPERLY DISPOSE OF THE SPILLED LIQUIDS, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED 40 CFR 761.60(a). PURSUANT TO 40 CFR 761.55(c)(5), ALL PCB ITEMS INCLUDING PCB TRANSFORMERS SHALL BE CHECKED FOR LEAKS AT LEAST ONCE EVERY 30 DAYS. ANY LEAKED OR SPILLED MATERIAL MUST BE PROPERLY CLEANED UP AND THE MATERIAL AND THE RESIDUE CONTAINING PCBs PROPERLY DISPOSED. RECORDS OF INSPECTION, MAINTENANCE, CLEANUP AND DISPOSAL MUST BE MAINTAINED IN ACCORDANCE WITH 40 CFR 761.180(a) AND (b). RESPONDENT FAILED TO PRODUCE RECORDS FOR THE LEAKING WESTINGHOUSE PCB TRANSFORMER, SERIAL NUMBER 66B2579, STORED IN THE RESPONDENT'S IN-PROCESSING AREA AND THE LEAKING 75 KVA GE PCB TRANSFORMER, SERIAL NUMBER 6593332, STORED IN THE RESPONDENT'S SECONDARY WORK STATION. THEREFORE, EPA ALLEGES THAT THE RESPONDENT VIOLATED 40 CFR 761.65(c)(5). PURSUANT TO 40 CFR 761.40(a)(1), ALL PCB CONTAINERS SHALL BE MARKED WITH A PCB ML LABEL. RESPONDENT CONDUCTS PCB ANALYTICAL TESTING ON ALL INCOMING OIL-FILLING EQUIPMENT AT AN IN-HOUSE LABORATORY. THE OIL SAMPLE IS TESTED USING AS CHROMATOGRAPHY AS REQUIRED IN THE TSCA-APPROVAL ISSUED BY THE EPA THAT AUTHORIZES THE RESPONDENT TO COMMERCIALLY STORED PCB WASTE AT ITS FACILITY. DURING THE INSPECTION, EMPTY SAMPLE VIALS CONTAINING PCBs WERE OBSERVED BEING STORED IN AN UNMARKED OPEN CONTAINER. BECAUSE THE RESPONDENT FAILED TO MARK THE CONTAINER WITH THE PCB ML LABEL, EPA ALLEGES THAT THE RESPONDENT VIOLATED 40 CFR 761.40(a)(1). PURSUANT 40 CFR 761.180(b), THE FACILITY IS REQUIRED TO MAINTAIN ALL RELEVANT RECORDS INCLUDING ANNUAL RECORDS ON THE DISPOSITION OF PCBs AND PCB ITEMS AND MAINTAIN ANNUAL DOCUMNET LOGS FOR ALL PCBs AND PCB ITEMS THAT WERE HANDLED AS PCB WASTE AT THE FACILITY. THE ANNUAL RECORDS AND THE ANNUAL DOCUMENT LOGS SHALL BE AVAILABLE FOR INSPECTION AT THE FACILITY WHERE THEY ARE MAINTAINED. RESPONDENT FAILED TO PRODUCE 3 YRS ANNUAL DOCUMENT LOGS DURING THE INSPECTION. THEREFORE, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED 40 CFR 761.180(b).

Defendants (1)

• FLORIDA TRANSFORMER INCORPORATEDNamed in complaintNamed in settlement

Facilities (1)

• FLORIDA TRANSFORMER INCORPORATED

  4509 STATE HIGHWAY 83, DEFUNIAK SPRINGS, FL, 32433-3960

  Registry ID: 110021312104

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• FLORIDA TRANSFORMER INCORPORATEDentered 2013-01-30

  Primary law: TSCA

  Federal penalty: $8,100

Timeline (4 milestones)

• 2013-01-30Final Order Issued
• 2013-01-30Complaint Filed/Proposed Order
• 2013-02-12Enforcement Action Data Entered
• 2013-02-20Enforcement Action Closed