EPA v. THE STATE OF TENNESSEE DEPARTMENT OF EDUCATION (TENNESSEE SCHOOL FOR THE DEAF)

Case summary

3/14/2019 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $45,958. RESPONDENT SHALL MAKE PAYMENT WITHIN THIRTY DAYS. ORDER ALLEGES: 40 CFR SECTION 761.28(d)(1) REQUIRES GENERATORS OF PCB WASTE TO KEEP A COPY OF EACH CERTIFICATE OF DISPOSAL THAT THEY RECEIVE FROM DISPOSERS OF PCB WASTE AMONG THE RECORDS THEY RETAIN UNDER 40 CFR SECTION 761.180(a). THE RESPONDENT HAS NOT PROVIDED CERTIFICATES OF DISPOSAL FOR THE WESTINGHOUSE INERTEEN PCB TRANSFORMER HOLDING 128 GALLONS THAT SERVICED COTTAGE E AT THE SCHOOL LOCATED IN THE GROUND FLOOR MECHANICAL ROOM. THEREFORE, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED 40 CFR SECTION 761.218(d)(1). 40 CFR SECTION 761.205(a)(2) ALL GENERATORS OF PCB WASTE WHO FIRST ENGAGE IN PCB WASTE HANDLING ACTIVITIES AFTER FEBRUARY 5, 1990, TO NOTIFY EPA OF THEIR PCB WASTE ACTIVITIES BY FILING EPA FORM 7710-53 WITH EPA PRIOR TO ENGAGING IN PCB WASTE HANDLING ACTIVITIES. THE RESPONDENT DID NOTIFY THE EPA OF ITS PCB WASTE HANDLING ACTIVITIES AT THE SCHOOL. THEREFORE, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED 40 CFR SECTION 761.205(a)(2). 40 C.F.R. SECTION 761.30(A)(1)(b)(A) REQUIRES NO LATER THAN DECEMBER 29, 1998, ALL OWNERS OF PCB TRANSFORMERS, INCLUDING THOSE IN STORAGE FOR REUSE, TO REGISTER THEIR TRANSFORMERS WITH THE EPA'S NATIONAL PROGRAM CHEMICALS DIVISION, OFFICE OF POLLUTION PREVENTION AND TOXICS. THE RESPONDENT DID NOT REGISTER ITS PCB TRANSFORMERS WITH THE EPA. THEREFORE, THE EPA ALLEGES THAT THE RESPONDENT VIOLATED 40 CFR SECTION 761.30(a)(1)(v)(A).

Defendants (1)

• THE STATE OF TENNESSEE DEPARTMENT OF EDUCATIONNamed in complaintNamed in settlement

Facilities (1)

• TENNESSEE SCHOOL FOR THE DEAF

  2725 ISLAND HOME BLVD, KNOXVILLE, TN, 37820

  Registry ID: 110001856929

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• THE STATE OF TENNESSEE DEPARTMENT OF EDUCATION (TENNESSEE SCHOOL FOR THE DEAF)entered 2019-03-14

  Primary law: TSCA

  Federal penalty: $45,958

Timeline (4 milestones)

• 2019-03-14Complaint Filed/Proposed Order
• 2019-03-14Final Order Issued
• 2019-03-19Enforcement Action Data Entered
• 2019-04-25Enforcement Action Closed