EPA v. TRANSWESTERN PIPELINE COMPANY

Case summary

DATA SHEET: * THE TOXIC SUBSTANCES CONTROL ACT, 42 USC 2601 ET SEQ AND REGULATIONS GOVERNING STORAGE, DISPOSAL, AND RECORDKEEPING CONCERNING PCBS AT 40 CFR 761. * VIOLATIONS: TRANSWESTERN PIPELINE COMPANY VIOLATED THE STORAGE AND DIS- POSAL PROVISIONS OF 40 CFR 761 BY HAVING PCBS IN CONCENTRA- TIONS IN EXCESS OF 50 PPM IN THE SOIL AT ITS PIPELINE COM- PRESSOR STATIONS. TRANSWESTERN PIPELINE CO. VIOLATED THE RECORDKEEPING REQUIREMENTS OF 40 CFR 761 BY FAILING TO DEVELOP AND MAINTAIN BASIC RECORDS AND TO PREPARE AND MAIN- TAIN ANNUAL DOCUMENTS ON THE USE, STORAGE, AND DISPOSAL OF PCBS AT ITS FACILITIES. * PROPOSED RELIEF: EPA SEEKS INJUNCTIVE RELIEF TO COMPEL TRANSWESTERN PIPELINE COMPANY TO REMOVE PCB CONTAMINATION AT COMPRESSOR STATIONS AND ANCILLARY FACILITIES IN A MANNER AND TO A LEVEL OF DECON TAMINATION APPROVED BY EPA, AND TO DEVELOP AND MAINTAIN BASIC RECORDS AND ANNUAL DOCUMENTS IN ACCORDANCE WITH THE PROVISIONS OF 40 CFR 761. * RECENT CONTACTS W/DEFENDANTS: REPS OF EPA REGION VI MET W/TRANSWESTERN PIPELINE COMPANY REPS ON MARCH 28, 1988, TO INITIATE NEGOTIATIONS PRIOR TO FILING AN ENFORCEMENT ACTION. REPS OF EPA REGIONS VI AND IX MET AGAIN WITH TRANSWESTERN ON APRIL 14 TO DISCUSS SPECI- FICATIONS FOR AN OVERSIGHT CONTRACTOR TO MONITOR THE REMEDI- ATION OF PCB CONTAMINATION AT TRANSWESTERN COMPRESSOR STATIONS. EPA REGION VI MET WITH TRANSWESTERN MANAGEMENT AND ATTORNEYS ON JUNE 6, 1988, TO DISCUSS AN AGREEMENT IN PRINCIPLE AND PROPOSED CONSENT DECREE. REGION VI AND TRANS- WESTERN TECHNICAL PERSONNEL MET JUNE 10, 1988, TO DISCUSS SITE-SPECIFIC REMEDIATION STANDARDS. * SIGNIFICANT NATIONAL PRECEDENTIAL OR FACTUAL ISSUES: EPA HAS ESTABLISHED AS AN ENFORCEMENT PRIORITY IN THE TSCA PROGRAM THE CLEANUP OF PCBS STORED AND DISPOSED OF IN VIOLA- TION OF THE TSCA REGULATIONS BY PIPELINE COMPANIES. THE ACTION IS IN ACCORD WITH THAT POLICY AND SEEKS INJUNCTIVE RELIEF TO ASSURE PROPER CLEANUP AT COMPRESSOR STATIONS OPERATED BY TRANSWESTERN PIPELINE COMPANY. * DATES OF INSPECTIONS, INFORMATION RESPONSES, OR RECEIPT OF EVIDENCE WHICH LED TO DECISION TO INITIATE ENFORCEMENT ACTIONS: A. TRANSWESTERN DISCOVERED PCBS IN THE PIPELINE IN THE COURSE OF THE 1981 EPA INGAA STUDY. THE COMPANY PARTI- CIPATED IN THE PIPELINE REMEDIAL PROGRAM BEGINNING IN 1981. B. ON JAN 29 AND 30, 1985, TRANSWESTERN COMPRESSOR STATIONS AT THOREAU, LAGUNA, AND MOUNTAINAIR, NEW MEXICO, WERE INSPECTED BY EPA REGION VI. C. ON MAY 6, 1986, EPA REGION VI SENT A SUBPOENA TO TRANS- WESTERN REQUESTING INFORMATION. D. ON MARCH 16, 1987, EPA HEADQUARTERS SENT A SECTION 104 CERCLA/SECTION 3007 RCRA INFORMATION REQUEST LETTER TO TRANSWESTERN PIPELINE. E. IN APRIL 1987, TRANSWESTERN SUBMITTED A MULTIVOLUME CON- SULTANT REPORT TO REGION VI ENTITLED 'PCB ASSESSMENT: TRANSWESTERN PIPELINE COMPANY FACILITIES IN US EPA NEW MEXICO REGION VI'. F. ON MAY 11, 1987, NEW MEXICO ENVIRONMENTAL IMPROVEMENT DIVISION CONDUCTED CERCLA PRELI

Defendants (1)

• TRANSWESTERN PIPELINE CO.Named in complaintNamed in settlement

Facilities (4)

• TRANSWESTERN PIPELINE CO

  DRAWER N, MOUNTAINAIR, NM, 87036

  Registry ID: 110007013748

• TRANSWESTERN PIPELINE CO

  P O BOX 1019, THOREAU, NM, 87323

  Registry ID: 110007976627

• TRANSWESTERN PIPELINE CO

  P O BOX 61, LAGUNA, NM, 87026

  Registry ID: 110007382019

• TRANSWESTERN PIPELINE CO

  P O BOX 1188, CORONA, NM, 88318

  Registry ID: 110010727035

Statutes cited

• TSCA 6C — Toxic Sub Control Act

Enforcement conclusions (1)

• TRANSWESTERN PIPELINE COMPANYentered 1990-07-13

  Primary law: TSCA

  Federal penalty: $375,000

Timeline (6 milestones)

• 1988-06-30Referred To Dept Of Justice
• 1990-06-13Complaint Filed With Court
• 1990-07-13Final Order Lodged
• 1990-07-13Final Order Entered
• 1990-07-13Concluded
• 1996-10-31Enforcement Action Closed