EPA v. Transformer Decommissioning, Inc TSCA PCB CAFO

Case summary

On November 23rd, 2018, Region 5 signed a Consent Agreement and Final Order (CAFO) with Transformer Decommissioning, Inc. (TDI). This CAFO commences and concludes an administrative proceeding under Section 16(a) of the Toxic Substances Control Act (TSCA), 15 U.S.C. ? 2615(a), and 40 C.F.R. Part 22, resolving allegations that TDI violated the federal Polychlorinated Biphenyls (PCBs) disposal and marking regulations at its Nabb, Indiana facility by: (1) failing to dispose of PCBs at an approved incinerator or to obtain EPA's approval for an alternative method of disposal, and (2) storing a leaking PCB transformer in an area that did not meet federal requirements. The disposal and storage violations alleged in the CAFO are significant because the PCB regulations were promulgated to protect the environment from contamination resulting from improper handling, storage and disposal of PCBs. The proximity of the Nabb, Indiana facility to the Ohio River is of specific concern because of the potential impact of a PCB release. The facility is located roughly 500 feet from Little Saluda Creek, a tributary of the Ohio, and 1 mile from the open channel of the Ohio River. In accordance with EP A's PCB Penalty Policy ( dated April 9, 1990), TDI has agreed to pay a civil penalty of $9,793. In determining the penalty amount, EPA considered the nature, circumstances, extent, and gravity of the violations as well as TDI's good faith and cooperation in resolving this matter. With this CAFO, TDI is also certifying that it is complying with the federal PCB regulations, including the assumption rules set fo1th in 40 C.F.R. ? 761.2, and that all untested transformers in its possession will be treated as either stored for reuse or stored for disposal. This matter was referred to EPA Region 5 by the Indiana Department of Environmental Management (IDEM) after IDEM's June 17, 2016 inspection of the Nabb, Indiana facility.

Defendants (1)

• Stuart PriorNamed in complaintNamed in settlement

Facilities (1)

• TRANSFORMER DECOMMISSIONING, INC.

  9722 BARKER DRIVE, NABB, IN, 47147

  Registry ID: 110070162750

Statutes cited

• TSCA 6-PCBS — PCBS

Enforcement conclusions (1)

• Transformer Decommissioning, Inc TSCA PCB CAFOentered 2018-11-23

  Primary law: TSCA

  Federal penalty: $9,793

Timeline (3 milestones)

• 2018-11-23Complaint Filed/Proposed Order
• 2018-11-23Final Order Issued
• 2019-02-01Enforcement Action Data Entered