EPA v. RADIO MIAMI INTERNATIONAL, INC.

Case summary

8/28/18 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $22,500, DUE WITHIN 30 DAYS. ALLEGATIONS: ON OR ABOUT DEC 28, 2017, AN INSPECTION WAS CONDUCTED AT RESPONDENT'S FACILITY TO DETERMINE COMPLIANCE WITH PCB REGS. DURING THE INSPECTION, RESPONDENT HAD 16 PCB TRANSFORMERS AND 24 PCB LARGE HIGH VOLTAGE CAPACITORS IN USE. THE RESPONDENT HAD 5 PCB TRANSFORMERS AND 5 PCB LARGE HIGH VOLTAGE CAPACITORS STORED ON-SITE FOR RE-USE SINCE AT LEAST DEC 1, 2013, IN BAY 5 WHEN RESPONDENT PURCHASED THE FACILITY. ALL TRANFORMERS IDENTIFIED ABOVE CONTAIN MORE THAN 3 POUNDS OF UNKNOWN DIELECTRIC FLUID WITH AN UNKNOWN PCB CONCENTRATION AND AN UNKNOWN MANUFACTURE DATE. ALL CAPACITORS IDENTIFIED ABOVE HAD NO MANUFACTURE DATE AND SOME WERE LABELED WITH A PCB MARK. RESPONDENT DID NOT HAVE PAPERWORK ASSOCIATED WITH PCB ITEMS ONSITE. 40 CFR 761.2(a)(3) STATES THAT ANY PERSON MUST ASSUME THAT A TRANSFORMER MANUFACTURED PRIOR TO JULY 2, 1979, THAT CONTAINS 2.36 KILOGRAMS (3 POUNDS) ORMORE OF FLUID OTHER THAN MINERAL OIL AND WHOSE PCB CONCENTRATION IS NOT ESTABLISHED, IS A PCB TRANSFORMER. IF THE DATE OF MANUFACTURE AND THE TYPE OF DIELECTRIC FLUID ARE UNKNOWN, ANY PERSON MUST ASSUME THE TRANSFORMER TO BE A PCB TRANSFORMER. 40 CFR 761.30(a)(1)(vi)(A) REQUIRES THAT NO LATER THAN DEC 28, 1998, ALL OWNERS OF PCB TRANSFORMERS, INCLUDING THOSE IN STORAGE FOR REUSE, MUST REGISTER THEIR TRANSFORMERS WITH EPA'S NATIONAL PROGRAM CHEMICALS DIV, OFFICE OF POLLUTION PREVENTION AND TOXICS, WASHINGTON DC. RESPONDENT DID NOT REGISTER THE PCB TRANSFORMERS WITH EPA AS REQUIRED BY DEC 28, 1998. THEREFORE, EPA ALLEGES THAT RESPONDENT VIOLATED 40 CFR 761.30(a)(1)(vi)(A). 40 CFR 761.35(a)(2) REQUIRES RECORDS STARTING AT THE TIME THE PCB ARTICLE IS REMOVED FROM USE OR AUG 28, 1998. THE RECORDS MUST INDICATE: (i) THE DATE THE ARTICLE WAS REMOVED FROM USE OR AUG 28, 1998, IF THE REMOVAL DATE IS NOT KNOWN; AND (ii) THE PROJECTED LOCATED AND THE FUTURE USE OF THE PCB ARTICLE. DURING THE DEC 28, 2017 INSPECTION, NO RECORDS WERE AVAILABLE FOR THE REMOVAL DATE OF THE PCB TRANSFORMERS. 40 CFR 761.180(a) REQUIRES A WRITTEN ANNUAL DOCUMENT LOG AND ANNUAL RECORDS FOR ANYONE THAT USES OR STORES AT ANY ONE TIME AT LEAST 45 KILOGRAMS OF PCBs CONTAINED IN PCB CONTAINER(S), OR ONE OR MORE PCB TRANSFORMERS, OR 50 OR MORE PCB LARGE HIGH OR LOW VOLTAGE CAPACITORS. THE LOG MUST BE PREPARED BY JULY 1 FOR THE PREVIOUS CALENDAR YEAR AND MAINTAINED FOR 3 YEARS AFTER PCBs ARE CEASED BEING USED OR STORED. DURING THE DEC 28, 2017, INSPECTION, NO WRITTEN ANNUAL DOCUMENT LOG AND/OR ANNUAL RECORDS WERE AVAILABLE NOR WAS ANY EVIDENCE PRESENTED THAT RESPONDENT HAD KEPT THE REQUIRED LOG. THEREFORE, EPA ALLEGES THAT RESPONDENT VIOLATED 40 CFR 761.180(a).

Defendants (1)

• RADIO MIAMI INTERNATIONAL, INC.Named in complaintNamed in settlement

Facilities (1)

• WRMI RADIO MIAMI INTERNATIONAL

  10400 NW 240TH STREET, OKEECHOBEE, FL, 34972

  Registry ID: 110059666348

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• RADIO MIAMI INTERNATIONAL, INC.entered 2018-08-28

  Primary law: TSCA

  Federal penalty: $22,500

Timeline (4 milestones)

• 2018-08-28Complaint Filed/Proposed Order
• 2018-08-28Final Order Issued
• 2018-08-30Enforcement Action Data Entered
• 2018-10-04Enforcement Action Closed