EPA v. UNITED STATES COAST GUARD

Case summary

On November 7, 2014, Region 1 issued Immediate Compliance Orders (ICOs) under Section 113(a)(3) of the Clean Air Act to the Navy, the U.S. Coast Guard (USCG), and The Haskell Company (Haskell), a Coast Guard contractor, to address violations of the National Emissions Standards for Hazardous Air Pollutants for asbestos, at 40 C.F.R. Part 61, Subpart M (Asbestos NESHAP). The ICOs order each respondent to comply immediately and in the future with the Asbestos NESHAP. The violations alleged in the ICOs occurred during a renovation at the former Derecktor Shipyard, part of the Naval Station Newport, Newport, RI (NAVSTA- Newport), managed by the USCG and its general contractor for the job, Haskell. EPA became aware of the renovation during a June 30 ? July 2, 2014 multi-media inspection. The ICOs allege that the Navy, USCG, and Haskell each violated the Asbestos NESHAP by failing to: (1) thoroughly inspect for the presence of asbestos before starting the renovation; (2) provide written notification to EPA of the renovation at least 10 working days prior to the date the asbestos stripping or removal work or any other activity begins; (3) adequately wet all regulated asbestos-containing material (RACM) exposed during cutting or disjoining operations; (4) contain in a leak-tight wrapping all RACM taken out of the facility as a unit or in sections; (5) adequately wet all RACM, including material that has been removed or stripped, and ensure that it remains wet until collected and contained or treated in preparation for disposal; and (6) properly dispose all asbestos-containing waste material as soon as is practical. Future compliance with the ICOs will reduce health risks by preventing asbestos fibers from becoming airborne during renovation activities at NAVSTA-Newport.

Defendants (1)

• UNITED STATES COAST GUARDNamed in settlement

Facilities (1)

• DERECKTOR SHIPYARD / NAVAL STATION NEWPORT

  690 PEARY STREET, NEWPORT, RI, 02841

  Registry ID: 110063014759

Statutes cited

• CAA 112B — Asbestos

Enforcement conclusions (1)

• UNITED STATES COAST GUARDentered 2014-11-07

  Primary law: CAA

Timeline (2 milestones)

• 2014-11-07Final Order Issued
• 2014-12-04Enforcement Action Data Entered