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Administrative Law Keyed to Funk
General Electric Company v. U.S. Environmental Protection Agency
Citation:
53 F.3d 1324 (1995)Facts
GE’s Apparatus Service Shop in Chamblee, Georgia decommissioned large electric transformers containing PCB-contaminated dielectric fluid. Following EPA regulations, GE drained the fluid from the transformers, incinerated it, then soaked the transformers in freon solvent to remove remaining PCBs. Initially, GE immediately incinerated this contaminated solvent. In March 1987, GE modified its procedure by distilling the contaminated solvent before incineration. This process separated approximately 90% of the freon (which contained less than detectable levels of PCBs) for reuse, while the remaining 10% (containing concentrated PCBs) was immediately incinerated. EPA claimed this distillation process violated regulations requiring immediate incineration of all PCB-contaminated material. GE argued that distillation was merely pre-disposal processing permitted under the regulations. EPA filed a complaint, and an ALJ found GE liable and imposed a $25,000 fine, which was upheld by the Environmental Appeals Board.
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