Document yrNnQZYrZX7Jv2e9z4m5B48Kd

Monsanto FROM (NAME --LOCATION --PHONE) J. H. Craddock - St. Louis A2SA 4-4764 DATE SUBJECT REFERENCE June 1, 1981 REGULATORY ACTIONS AGAINST PCB'S UNDER RCRA AND OSHA cc D. R. Bishop - A3NB R. S. Nelson - A2SA J. R. G. Ortiz - E2ND TO : C. F. Callis - B3CA J. R. Condray - G3WG T. F. Evans - G3WG P. H. Hobson - G5WG G. L. Jessee - G3WG F. E. Kearney - E2SA W. B. Papageorge - G4WA P. S. Park - E2NE* W. R. Robirds - F2WA E. C. Spurrier - C2NA M. C. Throdahl - DID B. J. Wander - G3WG Two very recent regulatory actions against PCB's were initiated by Federal officials under the RCRA and OSHA Acts. To our knowledge, this represents the first time RCRA has been involved against PCB's and in the OSHA case, if not the first action, it is certainly the largest in terms of fines and remedies sought. RCRA Case Lehigh Electric and Engineering Company of Wyoming, Pennsylvania, is being sued by Department of Justice for EPA under Section 7003 of RCRA "....for injunctive relief to remedy an imminent and substantial endangerment to health and the environment arising from handling, storage and disposal of PCB's, a hazardous waste on Defendent's premises. In addition, the complaint contains citations under TSCA against Lehigh. OSHA U.S. Steel, Chicago area facility, has been cited by OSHA under the General Duty Clause for improper handling and notification of PCB hazards to workers. An equipment malfunc tion and spill (about 1 cup/8 oz.) at the steel plant was IN - IO (REV. 8/77) EX P-3316 Page 1 of 2 PCB-ARCH-EXT0379917 C. F. Callis, et al Page 2 June 1, 1981 not handled to OSHA's liking. The citation includes numerous citations in the worker protection/exposure area. Penalties in excess of $25,000. have been assessed. A hearing is scheduled about June 16 before an "administrative official"(?). U.S. Steel is vigorously fighting the citation. These two incidents illustrate the fact that EPA and other regulatory agencies are increasing their efforts in the PCB enforcement area under rules not previously invoked. In addition, EPA has announced in the FEDERAL REGISTER their intent to "vigorously enforce" provisions of the Interim Measures Program relating to transformer inspection, record keeping, etc., during the next 18 months. Line personnel at the plant level and environmental control managers should be aware of these increased enforcement activities regarding PCB's to ensure we are in compliance with current PCB regulations. DEO's, Legal Staff and Regulatory Management Directors should consider contingencies and strategies if agencies visit Monsanto facilities for PCB inspections under nonTSCA regulations. J. H. Craddock jb enclosure Received copy of complaint vs. Lehigh Electric Co. EX P-3316 Page 2 of 2 PCB-ARCH-EXT0379918