EPA v. CON ED CO OF NY, INC

Case summary

NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS ('NESHAP') FOR ASBESTOS WERE VIOLATED BY FAILURE TO COMPLY WITH REMOVAL AND DISPOSAL PROCEDURES AT 40 CFR 61.146. SPECIFICALLY: 1) FAILURE TO NOTIFY EPA OF ITS INTENT TO RENOVATE AS EARLY AS POSSIBLE BEFORE RENOVATION BEGINS IN VIOLATION OF 40 CFR 61.146(B)(4); AND 2) FAILURE TO INCLUDE IN ITS NOTIFICATION TO EPA THE SCHEDULED STARTING AND COMPLETION DATES OF RENOVATION IN VIOLATION OF 40 CFR 61.146(C)(5). INJUNCTIVE RELIEF DIRECTING THE DEFENDANT TO SUBMIT TO EPA PLANS, SCHEDULES AND SITE CONTACTS FOR EACH ASBESTOS RENOVATION OR DEMOLITION; TO PROVIDE EPA INSPECTORS WITH IMMEDIATE ACCESS; SAMPLE AND ANALYZE FRIABLE MATERIAL BEFORE STRIPPING; PROVIDE ADJUSTED STARTING AND COMPLETION DATES; AND TO COMPLY WITH THE NESHAP REGULATIONS GOVERNING ASBESTOS RENOVATIONS AND DEMOLITIONS CIVIL PENALTIES IN THE AMOUNT OF $454,860 BASED ON EPA'S ASBESTOS DEMOLITION AND RENOVATION CIVIL PENALTY POLICY DATED FEBRUARY 8, 1985. THE PROPOSED ACTION ALLEGES THAT A NOTIFICATION WHICH PROVIDES EPA WITH STARTING AND/OR COMPLETION DATES THAT DIFFER BY MORE THAN THREE WEEKS FROM THE ACTUAL DATES OF THE ASBESTOS RENOVATION OR DEMOLITION PROJECT IS TANTAMOUNT TO NO NOTIFICATION. AS PER DOJ LIST CONSENT DECREE WAS ENTERED ON 10/07/93. 01/26/94: AS PER TRANSFER OF FUNDS LIST $219,500.00 WAS RECEIVED ON 11/17/93 AND $6,585.00- ON 11/18/93.

Defendants (1)

• CONSOLIDATED EDISON CO OF NY, INCNamed in complaintNamed in settlement

Facilities (9)

• CON ED 74TH ST. GENERATING STATION

  506 E 75TH ST, NEW YORK CITY, NY, 100210000

  Registry ID: 110019296527

• CON ED 74TH ST. GENERATING STATION

  506 E 75TH ST, NEW YORK CITY, NY, 100210000

  Registry ID: 110019296527

• CON ED 74TH ST. GENERATING STATION

  506 E 75TH ST, NEW YORK CITY, NY, 100210000

  Registry ID: 110019296527

• CON EDISON - IRVING PLACE

  4 IRVING PL, NEW YORK, NY, 10003

  Registry ID: 110009465747

• CON EDISON - HUDSON AVE GENERATING STA

  HUDSON AVE & E RIVER, BROOKLYN, NY, 11201

  Registry ID: 110000808332

• CON ED 74TH ST. GENERATING STATION

  506 E 75TH ST, NEW YORK CITY, NY, 100210000

  Registry ID: 110019296527

• CON EDISON - IRVING PLACE

  4 IRVING PL, NEW YORK, NY, 10003

  Registry ID: 110009465747

• RAVENSWOOD GENERATING STATION

  38-54 VERNON BOULEVARD, LONG ISLAND CITY, NY, 11101

  Registry ID: 110033146165

• RAVENSWOOD GENERATING STATION

  38-54 VERNON BOULEVARD, LONG ISLAND CITY, NY, 11101

  Registry ID: 110033146165

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• CONSOLIDATED EDISON COMPANYentered 1993-10-07

  Primary law: CAA

  Federal penalty: $219,500

Timeline (7 milestones)

• 1987-06-29Referred To Dept Of Justice
• 1988-01-10Referred TO U.S. Attorney
• 1988-01-10Complaint Filed With Court
• 1993-10-07Final Order Lodged
• 1993-10-07Final Order Entered
• 1993-10-07Concluded
• 1994-03-31Enforcement Action Closed