EPA v. E. LUKE GREEN COMPANY, INC. (TENNESSEE SCHOOL FOR THE DEAF)

Case summary

8/30/18 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $13,223, DUE WITHIN 30 DAYS. ALLEGATIONS: IN OR AROUND MAR 2016, RESPONDENT CONDUCTED DEMOLITION WORK AT THE TENNESSEE SCHOOL FOR THE DEAF (TSD) LOCATED AT 2725 ISLAND HOME BLVD, KNOXVILLE, TN. DURING THE RESPONDENT'S DEMOLITION OF POORE HALL AT THE TSD, A WESTINGHOUSE INERTEEN PCB TRANSFORMER LOCATED IN THE BASEMENT OF POORE HALL AND CONTAINING 116 GALLONS OF PCB OIL WAS TAKEN OUT OF SERVICE FOR DISPOSAL. RESPONDENT REMOVED THE TRANSFORMER AND TRANSPORTED IT TO RESPONDENT'S PLACE OF BUSINESS LOCATED AT 10909 MCBRIDE LANE, KNOXVILLE, TN, WHERE IT WAS STORED ON A TRAILER IN THE RESPONDENT'S OUTSIDE GRAVEL YARD (THE FACILITY). ON MAY 11, 2016, DURING THE COURSE OF STORAGE OF THE PCB TRANSFORMER AT THE RESPONDENT'S FACILITY, RESPONDENT DISCOVERED THAT OIL WAS LEAKING FROM THE TRANSFORMER. IN RESPONSE, THE RESPONDENT REPORTED THE SPILL TO THE TN DEPT OF GENERAL SERVICE (TN DGS), WHO WAS MANAGING THE CONSTRUCTION PROJECT AT THE TSD. TN DGS SUBSEQUENTLY REPORTED THE SPILL TO THE NATIONAL RESPONSE CENTER AND THAT NOTIFICATION WAS OBSERVED BY THE TN DEPT OF ENVIRONMENT AND CONSERVATION (TDEC). ON OR ABOUT MAY 26, 2016, TDEC CONDUCTED AN INSPECTION AT RESPONDENT'S FACILITY TO FURTHER INVESTIGATE THE SPILL AND TO DETERMINE RESPONDENT'S COMPLIANCE WITH THE PCB REGS. ANALYTICAL RESULTS OF SAMPLING OF THE TRANSFORMER FLUID CONDUCTED BY A CONSULTANT FOR THE TN DGS SHOWED THAT THE TRANSFORMER CONTAINED 1,390,000 mg/kg (PARTS PER MILLION) PCBs. ENVIRONMENTAL SAMPLING REVEALED THAT THE SURROUNDING GRAVEL AND SOIL WERE CONTAMINATED WITH PCBs. IN RESPONSE TO THE LEAKING TRANSFORMER AND SOIL CONTAMINATION, THE TN DGS' ENVIRONMENTAL CONSULTANT AND REMEDIATION CONTRACTOR REMOVED AND DISPOSED OF THE TRANSFORMER AND CLEANED UP THE PCB CONTAMINATION AT THE FACILITY. 40 CFR 761.3 DEFINES A PCB TRANSFORMER AS ANY TRANSFORMER THAT CONTAINS >500 PPM PCBS. Mg/kg IS AN EXPRESSION OF PPM. 40 CFR 761.3 DEFINES PCB ITEMS AS ANY PCB ARTICLE, PCB ARTICLE CONTAINER, PCB CONTAINER, PCB EQUIPMENT, OR ANYTHING DELIBERATELY OR UNINTENTIONALLY CONTAINS OR HAS AS A PART OF IT ANY PCB OR PCBs. PURSUANT TO 40 CFR 761.3, TRANSPORTER OF PCB WASTE MEANS FOR PURPOSES OF 40 CFR PART 761, SUBPART K, ANY PERSON ENGAGED IN THE TRANSPORTATION OF REGULATED PCB WASTE BY AIR, RAIL, HIGHWAY, OR WATER FOR PURPOSES OTHER THAN CONSOLIDATED BY A GENERATOR. 40 CFR 761.3 DEFINES DISPOSAL AS INTENTIONALLY OR ACCIDENTALLY TO DISCARD, THROW AWAY, OR OTHERWISE COMPLETE OR TERMINATE THE USEFUL LIFE OF PCBs AND PCB ITEMS. DISPOSAL INCLUDES SPILLS, LEAKS, AND OTHER CONTROLLED DISCHARGES OF PCBs AS WELL AS ACTIONS RELATED TO CONTAINING, TRANSPORTING, DESTROYING, DEGRADING, DECONTAMINATING, OR CONFINING PCBs AND PCB ITEMS. 40 CFR 761.202(b)(2)(i) PROHIBITS A TRANSPORTER FROM TRANSPORTING PCB WASTE W/OUT WITHOUT FIRST HAVING RECEIVED AN EPA ID NUMBER FROM THE EPA. THE RESPONDENT TRANSPORTED THE WESTINGHOUSE INERTEEN PCB TRANSFORMER FROM THE TSD TO ITS FACILITY W/OUT HAVING FIRST 40 CFR 761.202(b)(2)(i). 40 CFR 761.202(b)(3) PROHIBITS COMMERCIAL STORAGE OF PCB WASTE W/OUT HAVING RECEIVED AN EPA ID NUMBER FROM EPA. THE RESPONDENT STORED THE WESTINGHOUSE INERTEEN PCB TRANSFORMER AT ITS FACILITY FOR AT LEAST 3 MONTHS W/OUT HAVING RECEIVED AN EPA ID NUMBER. THEREFORE, THE EPA ALLEGES THAT RESPONDENT VIOLATED 40 CFR 761.202(b)(3). 40 CFR 761.50(a)(4) STATES THAT SPILLS AND OTHER UNCONTROLLED DISCHARGES OF PCBs GREATER OR EQUAL TO 50 ppm CONSTITUTES DISPOSAL OF PCBs. PCB LIQUIDS AT CONCENTRATIONS GREATER THAN OR EQUAL TO 50 ppm THAT HAVE BEEN SPILLED MUST BE CLEANED UP AND DISPOSED OF AS DIRECTED IN 40 CFR 761.60(a). THE WESTINGHOUSE INERTEEN PCB TRANSFORMER THAT WAS BEING STORED IN THE RESPONDENT'S STORAGE YARD WAS NOTICED TO BE LEAKING ON MAY 11, 2016. THEREFORE, THE EPA ALLEGES THAT THE RESPONDENT DISPOSED OF PCBs IN VIOLATION OF 40 CFR 761.50(a)(4).

Defendants (1)

• E. LUKE GREEN COMPANY, INC.Named in complaintNamed in settlement

Facilities (1)

• E. LUKE GREEN DEMOLITION

  1090 MCBRIDE LANE, KNOXVILLE, TN, 37932

  Registry ID: 110069994191

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• E. LUKE GREEN COMPANY, INC.entered 2018-09-04

  Primary law: TSCA

  Federal penalty: $13,223

Timeline (4 milestones)

• 2018-09-04Complaint Filed/Proposed Order
• 2018-09-04Final Order Issued
• 2018-09-06Enforcement Action Data Entered
• 2018-09-20Enforcement Action Closed