EPA v. RUSSEL APARTMENTS, LLC

Case summary

On July 20, 2022, EPA Region 1 filed a Consent Agreement and Final Order (CAFO) that both initiates and resolves a multi-media Clean Air Act (CAA) and Toxic Substances Control Act (TSCA) enforcement action involving asbestos and lead-based paint against Russell Apartments, LLC, a Connecticut property management and development firm located in Waterbury. The Region's administrative civil penalty claims arose out of alleged violations of CAA Section 112 and the National Emission Standard for Hazardous Air Pollutants for Asbestos [40 C.F.R. Part 61, Subpart M (Asbestos NESHAP)] as well as Sections 15 and 409 of TSCA and the Renovation, Repair and Painting (RRP) Rule [40 C.F.R. Part 745, Subparts E and L]. Specifically, the case alleges that Respondent violated Asbestos NESHAP notification and work practice (wetting) requirements and RRP Rule certification and training requirements when it carried out regulated renovation activities at a facility Respondent owns at 73-77 Bank Street in Waterbury, CT. The renovation occurred from December 2020 to January 2021 in unoccupied areas of the facility containing regulated asbestos-containing material and lead-based paint. After discovering the possible violations, Respondent obtained the services of an environmental abatement firm to address violative conditions at the site and bring the facility into full compliance. Based on data obtained from EJ SCREEN, the facility is believed to be in a potential EJ area of concern. EPA is unaware of any particular harm to human health or the environment caused by the alleged violations. The CAFO requires Respondent to pay a civil penalty of $25,000 (based, in part, on an EPA finding of limited financial ability to pay) and to certify current compliance with CAA Section 112, TSCA Sections 402 and 406, and all Asbestos NESHAP and RRP Rule requirements. Since December 2017, for most Connecticut demolition or renovation operations, the Asbestos NESHAP is implemented federally, not delegated to the State. The RRP Rule is also not delegated to the State, but the Connecticut Department of Public Health has been made aware of this case.

Defendants (1)

• Russell Apartments, LLCNamed in complaintNamed in settlement

Facilities (1)

• RUSSELL APARTMENTS, LLC

  73-77 BANK STREET, WATERBURY, CT, 06702

  Registry ID: 110071308483

Statutes cited

• TSCA 402C — Lead: RRP
• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• RUSSEL APARTMENTS, LLCentered 2022-07-20

  Primary law: CAA

  Federal penalty: $25,000

Timeline (3 milestones)

• 2022-07-20Final Order Issued
• 2022-07-20Complaint Filed/Proposed Order
• 2022-07-21Enforcement Action Data Entered