EPA v. TECHNEGLAS, INC.

Case summary

ON FEBRUARY 1, 1993, EMPLOYEES OF OI-NEG TV PRODUCTS, INC. (OI-NEG), SPILLED APPROXIMATELY 700 GALLONS OF PCB OIL OUTSIDE BUILDING 41 AT THEIR FACILITY AT 711 SOUTHWOOD AVE, COLUMBUS, OH 43207 DURING THE MOVING OF A TRANSFORMER. OI-NEG NOTIFIED THE OHIO EPA OF THE SPILL AND CLEANED IT UP. SUBSEQUENT INSPECTIONS OF THE CLEANUP BY OHIO EPA OFFICERS REVEALED THAT THE RESPONDENTS HAD NOT REPORTED THE LOCATIONS OF THEIR PCB TRANSFORMERS AND CAPACITORS TO THE LOCAL FIRE DEPARTMENT AND THAT THEIR PCB DOCUMENT LOGS WERE INCOMPLETE. OI-NEG, NOW KNOWN AS TECHNEGLAS, INC., WAS A JOINT VENTURE CREATED IN 1988 BY PARENT OWENS-ILLINOIS, INC. (OWENS-ILLINOIS), AND NIPPON ELECTRIC GLASS CO., LTD. THE COMPLAINT ALLEGES VIOLATIONS IN FOUR COUNTS OF THE TSCA REGULATIONS CONCERNING PCB DISPOSAL ?THE SPILL: 40 CFR SEC761.60?, SEC761.30(A)(1)(VI)?, AND PCB RECORDKEEPING REQUIREMENTS ?40 CFR SEC761.180(A)(2)(III) AND (IV)?. IT PROPOSES A PENALTY OF $52,000. HOWEVER, BECAUSE OWENS-ILLINOIS HAD A PRIOR VIOLATION OF THE TSCA PCB REGULATIONS WITHIN FIVE YEARS OF THIS INCIDENT, THE PROPOSED PENALTY WAS INCREASED BY 50% TO ITS ADJUSTED FINAL VALUE OF $78,000. ON MAY 31, 1995, U.S. EPA'S ENVIRONMENTAL SCIENCES DIVISION ISSUED AN ADMINISTRATIVE COMPLAINT AGAINST TECHNEGLAS, INC. AND OWENS ILLINOIS, INC. ALLEGING VIOLATIONS OF TSCA AND THE TSCA PCB DISPOSAL, REPORTING AND RECORD KEEPING REQUIREMENTS. MORE SPECIFICALLY, THE COMPLAINT ALLEGED THAT THESE PARTIES FAILED TO DISPOSE OF PCB'S PROPERLY, FAILED TO REGISTER PCB TRANSFORMERS WITH LOCAL FIRE RESPONSE PERSONNEL, AND FAILED TO DEVELOP AND MAINTAIN RECORDS AND ANNUAL DOCUMENTS ON THE DISPOSITION OF PCB'S AND PCB ITEMS. THE TOTAL PENALTY ASSESSED IN THE COMPLAINT WAS $78,000. BASED UPON INFORMATION SUBMITTED DURING SETTLEMENT, U.S. EPA, TECHNEGLAS AND OWENS ILLINOIS AGREED THAT IT WAS APPROPRIATE FOR U.S. EPA TO WITHDRAW AND DISMISS WITH PREJUDICE THE COMPLAINT WITH REGARD TO OWENS ILLINOIS. THE INFORMATION PROVIDED DEMONSTRATED THAT OWENS ILLINOIS WAS NOT THE PARENT CORPORATION OF TECHNEGLAS FOR THE TIME RELEVANT TO THE COMPLAINT. WITH THE WITHDRAWAL OF OWENS-ILLINOIS, THE PENALTY AMOUNT WAS REEVALUATED TO ELIMINATE THE 50% UPWARD ADJUSTMENT TO THE PROPOSED PENALTY BECAUSE OF A HISTORY OF PRIOR VIOLATIONS. IN ADDITION, THE

Defendants (1)

• TECHNEGLAS, INC.Named in complaintNamed in settlement

Facilities (1)

• TECHNEGLAS INCORPORATED

  727 E. JENKINS AVE., COLUMBUS, OH, 43207

  Registry ID: 110000382407

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• TECHNEGLAS, INC.entered 1996-10-31

  Primary law: TSCA

  Federal penalty: $10,200

Timeline (4 milestones)

• 1995-05-31Complaint Filed/Proposed Order
• 1995-10-27Enforcement Action Data Entered
• 1996-10-31Final Order Issued
• 1996-12-20Enforcement Action Closed