EPA v. SUNY (OSWEGO)-LAKER HALL WEIGHT ROOM

Case summary

THIS PROPOSES THE FILING OF A CIVIL ACTION AGAINST THE STATE UNIVERSITY OF NY ( SUNY ), COLLEGE AT OSWEGO ( SUCO ) FOR VIOLATION AT THREE COLLEGE FACILITIES OF SECTION 112 AND 114 OF THE CAA, 42 USC 7412 AND 7414. IN 10/85 AND 12/85, EPA REGION II RECEIVED COMPLAINTS FROM SUCO EMPLOYEES THAT FROM AT LEAST 1980-1985, THE COLLEGE CONDUCTED AT LEAST THREE RENOVATION OPERATIONS SUBJECT TO THE NESHAP REQUIREMENTS. THE SUCO EMPLOYEES, MANY OF WHOM ACTUALLY PERFORMED THE REMOVAL, ALLGED THAT THEY WERE NOT INFORMED THAT THE MATERIAL WAS ASBESTOS NOR WERE THEY PRO- VIDED WITH PROTECTIVE CLOTHING OR RESPIRATORS; MOREOVER, THE REMOVAL WORK DID NOT INCLUDE ANY WETTING OF THE MATERIAL DU- RING STRIPPING OR REMOVAL AS REQUIRED BY THE ASBESTOS NESHAP NOR WERE THE MATERIALS DISPOSED OF IN ACCORDANCE WITH NESHAP REQUIREMENTS. AFTER RECEIPT OF THE COMPLAINTS, EPA, REGION II CONDUCTED AN INVESTIGATION INCLUDING INTERVIEWS WITH THE COMPLAINING EMPLOYEES, INSPECTIONS AND THE REVIEW OF INFORMATION SUBMIT- TED BY SUCO AS REQUIRED BY EPA PURSUANT TO CAA/114, 42 USC 7414. REGION II HAS CONCLUDED THAT THE COLLEGE VIOLATED REQUIREMENTS OF THE NESHAP NOTIFICATION REQUIREMENTS ON AT LEAST 3 OCCASIONS INVOLVING THE FOLLOWING RENOVATION OPERA- TIONS AT VARIOUS LOCATIONS ON THE SUCO CAMPUS: 1) (1980), THE REMOVAL OF A CEILING IN LAKER HALL; 2) (APP. 1983-1985), THE DISMANTLING OF FOUR BOILERS IN LEE HALL; 3) (1983), THE REMOVAL OF A PORTION OF AN UNDERGROUND STEAM LINE. AS DESCRIBED BY THE COMPLAINANTS, THERE MAY HAVE BEEN WORK PRACTICE VIOLATIONS DURING THESE OPERATIONS. HOWEVER, SINCE THE OPERATIONS WERE COMPLETED LONG BEFORE EPA WAS MADE AWARE OF THE SITUATION, PROOF OF THESE VIOLATIONS MAY BE DIFFI- CULT. DISCOVERY MAY PROVIDE FURTHER EVIDENCE IN SUPPORT OF THESE ADDITIONAL VIOLATIONS. THE REGION'S INVESTIGATION REVEALED THAT THESE RENOVATION OPERATIONS OCCURRED AND INVOLVED THE REMOVAL OF FRIABLE AS- BESTOS CONTAINING MATERIALS IN EXCESS OF THE THRESHOLD A- MOUNTS. THE REGION HAS NO RECORD OF ANY NOTICE FOR THESE JOBS. IN VIEW OF THE IMPORTANCE OF THE NOTIFICATION RE- QUIREMENT TO THE REGULATORY SCHEME & THE APPARENT SERIOUS CONSEQUENCES OF THE FAILURE TO NOTIFY, REGION II RECOMMENDS THAT AN ACTION BE BROUGHT AGAINST SUNY FOR THE ASSESSMENT OF CIVIL PENALTIES TO DETER SUCH VIOLATIONS AND INJUNCTIVE RE- LIEF TO REQUIRE COMPLIANCE IN THE FUTURE.

Defendants (2)

• SUNY BOARD OF TRUSTEESNamed in complaintNamed in settlement
• SUNY COLLEGE AT OSWEGONamed in complaintNamed in settlement

Facilities (3)

• SUNY - SUCO LEE HALL

  HEATING AND STEAM PLANT, OSWEGO, NY, 13126

  Registry ID: 110010761960

• SUCO LEE HALL STEAM PLANT

  STATE UNIV COLLEGE AT OSWEGO, OSWEGO, NY, 13126

  Registry ID: 110010614870

• SUNY - SUCO

  PENFIELD LIBRARY PARKING LOT, OSWEGO, NY, 13126

  Registry ID: 110010761979

Statutes cited

• CAA 114 — Record keeping, Inspection, Information Request
• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• SUNY (OSWEGO) BD OF TRUSTEESentered 1987-11-30

  Primary law: CAA

  Federal penalty: $20,000

Timeline (7 milestones)

• 1986-09-26Referred To Dept Of Justice
• 1987-09-02Referred TO U.S. Attorney
• 1987-09-02Complaint Filed With Court
• 1987-11-30Final Order Lodged
• 1987-11-30Final Order Entered
• 1987-11-30Concluded
• 1992-04-08Enforcement Action Closed