EPA v. CITADEL PROPERTIES LLC ET AL

Case summary

On December 6, 2023, EPA filed a Consent Agreement and Final Order (CAFO) to resolve an administrative penalty case against Citadel Properties, LLC, and Strive Construction, LLC (Respondents), both entities organized under the laws of the State of Rhode Island with their principal place of business located in Providence, Rhode Island. The CAFO requires the Respondents to pay a $24,800 monetary penalty to resolve past violations of the Clean Air Act and the National Emission Standard for Hazardous Air Pollutants for asbestos regulations (Asbestos NEHSAP), as alleged in the complaint that EPA filed to initiate the proceeding on September 8, 2023. The alleged violations include the Respondents? failure to thoroughly inspect the portion of a facility located at 663 Admiral Street in Providence, Rhode Island (Facility) that was demolished for the presence of asbestos and the failure to provide EPA with prior written notification of intention to demolish at least 10 working days before demolition work began. The Facility is located in an area considered to be a potential environmental justice area of concern. The settlement will encourage Asbestos NESHAP regulatory compliance and help to ensure that EPA is made aware of regulated asbestos demolition and renovation operations before they occur. The Rhode Island Department of Public Health was notified of the complaint and CAFO in this proceeding. On September 8, 2023, EPA filed an Administrative Complaint and Notice of Opportunity of Hearing against Citadel Properties, LLC and Strive Construction, LLC (collectively, Respondents) for alleged violations of Section 112 of the Clean Air Act (CAA) and the National Emission Standard for Hazardous Air Pollutants (NESHAP) for asbestos regulations, codified at 40 C.F.R. Part 61, Subpart M. The Complaint alleges that on September 8, 2021, Respondents engaged in demolition activities at a building located in Providence, Rhode Island (facility) by, among other things, razing the rear portion of the facility using an excavator. The Complaint alleges that Respondents' failure to thoroughly inspect the portion of the facility to be demolished for the presence of asbestos and failure to provide EPA with prior written notification of intention to demolish a portion of the facility at least ten working days before demolition work began in the manner specified by 40 C.F.R. 61.145(b) violated the Asbestos NESHAP regulations, at 40 C.F.R. 61.145(a) and (b). The facility is located in an area of environmental justice concern. The alleged violations do not fall within a national compliance initiative. EPA has notified the Rhode Island Department of Health of this enforcement action.

Defendants (2)

• Strive Construction, LLCNamed in complaintNamed in settlement
• Citadel Properties, LLCNamed in complaintNamed in settlement

Facilities (1)

• CITADEL PROPERTIES LLC DEMOLITION SITE

  663 ADMIRAL STREET, PROVIDENCE, RI, 02908

  Registry ID: 110071234955

Statutes cited

• CAA 112B — Asbestos

Enforcement conclusions (1)

• CITADEL PROPERTIES LLC ET ALentered 2023-12-06

  Primary law: CAA

  Federal penalty: $24,800

Timeline (3 milestones)

• 2023-09-08Complaint Filed/Proposed Order
• 2023-09-20Enforcement Action Data Entered
• 2023-12-06Final Order Issued