EPA v. NYCHRA & NYCDGS

Case summary

NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS ('NESHAP') FOR ASBESTOS WERE VIOLATED BY FAILURE TO COMPLY WITH REMOVAL PROCEDURES AT 40 CFR 61.147. SPECIFICALLY: 1) FAILURE TO ENSURE THEFRIABLE ASBESTOS MATERIALS ARE ADEQUATELY WET WHEN THEY ARE BEING STRIPPED FROM FACILITY COMPONENTS BEFORE THE MEMBERS ARE REMOVED FROM THE FACILITY IN VIOLATION OF 40 CFR 61.147(E)(1). 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 $74,080 BASED ON EPA'S ASBESTOS DEMOLITION AND RENOVATION CIVIL PENALTY POLICY DATED FEBRUARY 8, 1985.

Defendants (3)

• NEW YORK CITY, OFNamed in complaintNamed in settlement
• NYC DEPT OF GENERAL SERVICESNamed in complaintNamed in settlement
• NYC HUMAN RESOURCES ADMINISTRATIONNamed in complaintNamed in settlement

Facilities (1)

• CATHERINE STREET SHELTER

  78 CATHERINE STREET, NEW YORK, NY, 10038

  Registry ID: 110010600670

Statutes cited

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

Enforcement conclusions (1)

• NYCHRA AND NYCDGSentered 1988-08-31

  Primary law: CAA

  Federal penalty: $200,000

Timeline (7 milestones)

• 1987-09-04Referred To Dept Of Justice
• 1987-11-10Referred TO U.S. Attorney
• 1988-07-05Complaint Filed With Court
• 1988-08-31Final Order Lodged
• 1988-08-31Final Order Entered
• 1988-08-31Concluded
• 1991-09-30Enforcement Action Closed