EPA v. NASA MARSHALL SPACE FLIGHT CENTER

Case summary

6/17/14 - CONSENT AGMT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $21,672, DUE WITHIN 30 DAYS. ALLEGATIONS: ON OR ABOUT OCT 25, 2012, A REMEDIAL ACTION WAS BEING CONDUCTED PURSUANT TO CERCLA AT RESPONDENT'S FACILITY. ON OR ABOUT OCT 22, 2012, TWO ROLL-OFF CONTAINERS CONTAINING PCB BULK REMEDIATION WASTES GENERATED DURING CERCLA CLEANUP WERE SHIPPED FROM THE NASA FACILITY FOR DISPOSAL TO A NON-HAZ WASTE LANDFILL BECAUSE OF A TRACKING ERROR IN THE ANALYSIS RESULTS FOR THE TWO CONTAINERS. THE TRACKING ERROR FAILED TO ID THAT THE FIRST ROLL-OFF CONTAINED BULK PCB REMEDIATION WASTES WITH PCB CONCENTRATIONS THAT EXCEEDED 50 ppm. ON OR ABOUT OCT 25, 2012, THE TWO ROLL-OFF CONTAINERS WERE DELIVERED TO MORRIS FARM LANDFILL, HILLSBORO, AL, AND PLACED IN THE ACTIVE LANDFILL CELL AT THAT TIME. MORRIS FARM LANDFILL, OWNED AND OPERATED BY BFI WASTE SYSTEMS OF AL, LLC IS A MUNICIPAL SOLID WASTE LANDFILL AND IS NOT PERMITTED TO RECEIVED HAZ WASTE. 40 CFR 761.61(a)(5)(i)(B)(2)(iii) STATES THAT ANY PERSON DISPOSING OFF-SITE OF DEWATERED BULK PCB REMEDIATION WASTE SHALL DO AS FOLLOWS: BULK PCB REMEDIATION WASTES WITH A PCB CONCENTRATION GREATER THAN/EQUAL TO 50 ppm SHALL BE DISPOSED OF IN A HAZ WASTE LANDFILL PERMITTED BY EPA UNDER RCRA 3004 OR BY A STATE AUTHORIED UNDER RCRA 3006 OR A PCB DISPOSAL FACILITY APPROVED UNDER THIS PART. AS SET FORTH ABOVE, RESPONDENT OFFERED FOR TRANSPORT A ROLL-OFF CONTAINING BULK PCB REMEDIATION WASTES WITH PCB CONCENTRATIONS GREATER THAN/EQUAL 50 ppm FOR DISPOSAL IN A SUBTITLE D MUNICIPAL LANDFILL. THEREFORE, RESPONDENT VIOLATED 40 CFR 761.61(a)(5)(i)(B)(2)(iii). 40 CFR 761.207(a)(1) STATES THAT A GENERATOR WHO RELINQUISHES CONTROL OVER PCB WASTES BY TRANSPORTING, OR OFFERING FOR TRANSPORT BY HIS OWN VEHICLE OR BY A VEHICLE OWNED BY ANOTHER PERSON, PCB WASTE FOR COMMERCIAL OFFSITE STORAGE OR OFF-SITE DISPOSAL SHALL PREPARE A MANIFEST ON EPA FORM 8700-22, AND, IF NECESSARY, A CONTINUATION SHEET. THE GENERATOR SHALL SPECIFY FOR EACH BULK LOAD OF PCBs, THE IDENTIFY OF THE PCB WASTE, THE EARLIEST DATE OF REMOVAL FROM SERVICE FOR DISPOSAL AND THE WEIGHT IN KG. RESPONDENT FAILED TO PREPARE A MANIFEST TO THE TRANSPORTER OF THE PCB WASTE FOR THE OCT 25, 2012 SHIPMENT OF PCB WASTE FROM THE NASA FACILITY TO THE MORRIS FARM LANDFILL, IN VIOLATION OF 40 CFR 761.207(a)(1).

Defendants (1)

• NASA MARSHALL SPACE FLIGHT CENTERNamed in complaintNamed in settlement

Facilities (3)

• NASA MARSHALL SPACE FLIGHT CENTER

  MARSHALL SPACE FLIGHT CENTER, HUNTSVILLE, AL, 35812

  Registry ID: 110000601947

• NASA MARSHALL SPACE FLIGHT CENTER

  MARSHALL SPACE FLIGHT CENTER, HUNTSVILLE, AL, 35812

  Registry ID: 110000601947

• NASA MARSHALL SPACE FLIGHT CENTER

  MARSHALL SPACE FLIGHT CENTER, HUNTSVILLE, AL, 35812

  Registry ID: 110000601947

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• NASA MARSHALL SPACE FLIGHT CENTERentered 2014-06-17

  Primary law: TSCA

  Federal penalty: $21,672

Timeline (4 milestones)

• 2014-06-17Complaint Filed/Proposed Order
• 2014-06-17Final Order Issued
• 2014-07-02Enforcement Action Data Entered
• 2014-07-29Enforcement Action Closed