EPA v. FIRST RESPONSE, A TRADEBE COMPANY dba FIRST RESPONSE ENVIRONMENTAL GROUP

Case summary

6/19/18 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $25,500, DUE WITHIN 30 DAYS. ALLEGATIONS: ON OR ABOUT SEPT 1, 2016, A CLARKSVILLE DEPT OF ELECTRICITY LIGHTBAND (CDEL) EMPLOYEE DISCOVERED A LEAK IN A WESTINGHOUSE PAD MOUNT TRANSFORMER AND A 541 GALLON CAPACITY AT 1420 PARADISE HILL ROAD, CLARKSVILLE, TN. THE NAME PLATE FOR THE WESTINGHOUSE TRANSFORMER DID NOT IDENTIFY THE DATE OF MANUFACTURE OR THE TYPE OF DIELECTRIC FLUID. 40 CFR 761.2(a)(3) REQUIRES ANY PERSON TO ASSUME THAT A TRANSFORMER IS A PCB TRANSFORMER IF THE DATE OF MANUFACTURE AND THE TYPE OF DIELECTRIC FLUID ARE UNKNOWN. ON OR ABOUT OCT 6, 2016, CDEL SAMPLED THE DIELECTRIC FLUID IN THE WESTINGHOUSE TRANSFORMER AND DETERMINED THE PCB CONCENTRATION OF 4,222 PPM.. CDEL ESTIMATED THAT APPROX 20 GALLONS OF PCB OIL HAD LEAKED FROM THE WESTINGHOUSE TRANSFORMER. ON OR ABOUT DEC 20, 2016, FREG, A CONTRACTOR FOR CDEL, BEGAN REMEDIATION BY REMOVING THE WESTINGHOUSE TRANSFORMER AND THE CORRESPONDING PCB OIL WITHIN THE TRANSFORMER. THE PCB OIL WAS TRANSFERRED INTO TWO 275-GALLON TOTES AND MANIFESTED TO LEI, INC., ON MARCH 17, 2017. ON OR ABOUT DEC 20, 2016, FREG TRIPLE RINSED THE WESTINGHOUSE TRANSFORMER WITH DIESEL FUEL. THE DIESEL AND PCB WASTE GENERATED FROM RINSING THE WESTINGHOUSE TRANSFORMER WERE PLACED INTO ONE OF THE TWO 275-GALLON TOTES. FREG RECYCLED THE EMPTY WESTINGHOUSE TRANSFORMER AT BORDEAU METALS ON DEC 20, 2016. FREG TRANSPORTED ONE 25-CUBIC YARD ROLL-OFF OF PCB SOLIDS FROM CDEL TO WASTE MANAGEMENT IN EMELLE, AL, ON A HAZARDOUS WASTE MANIFEST. FREG SIGNED THE MANIFEST AS THE FIRST TRANSPORTER ON DEC 20, 2016, AND SIGNED THE MANIFEST AS THE SECOND TRANSPORTER AGAIN ON MARCH 7, 2017. FREG INCORRECTLY SIGNED THE MANIFEST AS THE FIRST TRANSPORTER ON DEC 20, 2016. FREG DID NOT ACTUALLY TAK EPOSSESSION TO TRANSPORT THE WASTE UNTIL MARCH 7, 2017. THE HAZ WASTE MANIFEST, IN WHICH FREG WAS CONTRACTED BY CDEL TO FILL OUT, INCORRECTLY IDENTIFIED THE TWO TOTES OF PCB OIL, AS POLYCHLORINATED BIPHENYL SOLIDS. 40 CFR 761.79 REQUIRES AN APPROVAL TO DISASSEMBLE A PCB TRANSFORMER AND DECONTAMINATE ITS NON-POROUS COMPONENTS. FREG FAILED TO OBTAIN AN APPROVAL TO DECONTAMINATE THE WESTINGHOUSE TRANSFORMER. FURTHERMORE, TRANSFORMERS COMPONENTS THAT ARE NOT DESCRIBED IN 40 CFR 761.79(a), SUCH AS INTACT TRANSFORMER CORES AND COILS, CANNOT BE DECONTAMINATED. THEREFORE, EPA ALLEGES THAT RESPONDENT VIOLATED 40 CFR 761.79. 40 CFR 761.60(b)(1) REQUIRES PCB TRANSFORMERS TO BE DISPOSED OF IN ACCORDANCE WITH EITHER OF THE FOLLOWING: (A) IN AN INCINERATOR THAT COMPLIES WITH 761.70; OR (B) IN A CHEMICAL WASTE LANDFILL APPROVED UNDER 761.75; PROVIDED THAT ALL FREE-FLOWING LIQUID IS REMOVED FROM THE TRANSFORMER, THE TRANSFORMER IS FILLED WITH A SOLVENT, THE TRANSFORMER IS ALLOWED TO STAND FOR AT LEAST 18 CONTINUOUS HOURS, AND THEN THE SOLVENT IS THOROUGHLY REMOVED. FREG SENT THE EMPTY TRANSFORMER FOR RECYCLING AT BORDEAU METALS. THEREFORE, EPA ALLEGES RESPONDENT VIOLATED 40 CFR 761.60(b)(1). 40 CFR 761.211(b) REQUIRES THE TRANSPORTER, BEFORE ACCEPTING THE PCB WASTE, TO SIGN AND DATE THE MANIFEST ACKNOWLEDGING ACCEPTANCE. FREG SIGNED THE HAZ WASTE MANIFEST AS THE FIRST TRANSPORTER ON DEC 20, 2016 AND AS THE SECOND TRANSPORTER AGAIN ON MAR 7, 2017. FREG DID NOT TAKE ACCEPTANCE OF THE 25-CY ROLL-OFF OF PCB SOIL ON DEC 20, 2016. THAT WAS THE DATE THE ROLL-OFF WAS TRANSPORTER BACK TO CDEL'S MAIN FACILITY. THE MANIFESTED ROLL-OFF WAS EVENTUALLY SENT OFF-SITE TO A HAZ WASTE LANDFILL ON MARCH 7, 2017, BY FREG. THEREFORE, EPA ALLEGES RESPONDENT VIOLATED 40 CFR 761.211(b). 40 CFR 761.25(a)(1) IDENTIIFES MANIFEST DISCREPANCIES AS INCLUDING SIGNIFICANT DIFFERENCES IN TYPE OF PCB WASTE SUCH AS THE SUBSTITUTION OF SOLIDS FOR LIQUIDS. THE HAZ WASTE MANIFEST INACCURATELY IDENTIFIED PCB OIL AS SOLIDS. THEREFORE EPA ALLEGES RESPONDENT VIOLATED 40 CFR 761.25(a)(1).

Defendants (2)

• FIRST RESPONSE ENVIRONMENTAL GROUPNamed in settlement
• FIRST RESPONSE, A TRADEBE COMPANYNamed in complaintNamed in settlement

Facilities (1)

• FIRST RESPONSE, TRADABE COMPANY

  1411 SOUTH DICKERSON ROAD, GOODLETTSVILLE, TN, 37072

  Registry ID: 110031278542

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• FIRST RESPONSE, A TRADEBE COMPANY dba FIRST RESPONSE ENVIRONMENTAL GROUPentered 2018-06-19

  Primary law: TSCA

  Federal penalty: $25,500

Timeline (4 milestones)

• 2018-06-19Complaint Filed/Proposed Order
• 2018-06-19Final Order Issued
• 2018-06-27Enforcement Action Data Entered
• 2018-07-12Enforcement Action Closed