EPA v. KAISER AIRCRAFT INDUSTRIES

Case summary

42,0693/23/2020 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $2,069, DUE WITHIN 30 DAYS. ALLEGATIONS: ON OR ABOUT JULY 2, 2019, THE AL DEPT OF ENVIRONMENTAL MGMT CONDUCTED AN INSPECTION AT THE RESPONDENT'S FACILITY TO DETERMINE COMPLIANCE WITH THE PCB REGS. DURING THE INSPECTION, AREAS OF THE EPOXY-COATED CONCRETE FLOOR BENEATH TWO PCB TRANSFORMERS WERE OBSERVED TO BE STAINED INDICATING THAT THERE APPEARED TO HAVE BEEN LEAKS AND/OR SPILLS FROM THESE TRANSFORMERS INCLUDING (1) THE GE PYRANOL TRANSFORMER WITH SERIAL NUMBER 74147128; AND (2) THE GE PYRANOL TRANSFORMER WITH SERIAL NUMBER 7147129. ON JAN 13, 2020, EPA ISSUED A SHOW CAUSE LETTER TO RESPONDENT ADVISING THE COMPANY THAT THE APPARENT LEAKS AND SPILLS FROM THE TWO PCB TRANSFORMERS MAY HAVE CONSTITUTED A PCB DISPOSAL VIOLATION PURSUANT TO THE PCB REGS AND OFFERED AN OPPORTUNITY TO MEET WITH EPA TO DISCUSS THE APPARENT VIOLATIONS. IN RESPONSE TO THE SHOW CAUSE LETTER, RESPONDENT SAMPLED THE APPARENT SPILL AREAS ON JAN 24, 2020, AND CONFIRMED THE PRESENCE OF PCBs ON THE FLOOR. ON OR ABOUT JAN 24, 2020, RESPONDENT CLEANED UP THE PCB SPILLS UNDERNEATH BOTH PCB TRANSFORMERS. EPA ALLEGES THAT RESPONDENT DISPOSED OF PCBs IN VIOLATION OF 40 CFR 761.50(a)(4).

Defendants (1)

• KAISER AIRCRAFT INDUSTRIESNamed in complaintNamed in settlement

Facilities (2)

• KAISER AIRCRAFT INDUSTRIES, INC.

  1943 50TH STREET NORTH, BIRMINGHAM, AL, 35212

  Registry ID: 110012596404

• KAISER AIRCRAFT INDUSTRIES, INC.

  1943 50TH STREET NORTH, BIRMINGHAM, AL, 35212

  Registry ID: 110012596404

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• KAISER AIRCRAFT INDUSTRIESentered 2020-03-23

  Primary law: TSCA

  Federal penalty: $2,069

Timeline (4 milestones)

• 2020-03-23Complaint Filed/Proposed Order
• 2020-03-23Final Order Issued
• 2020-03-26Enforcement Action Data Entered
• 2020-05-28Enforcement Action Closed