EPA v. SYRACUSE UNIVERSITY

Case summary

THE VIOLATIONS UPON WHICH THIS ACTION IS BASED ARE AS FOLLOWS. THE NATIONAL STANDARDS FOR HAZARDOUS AIR POLLUTANTS ('NESHAP') FOR ASBESTOS WERE VIOLATED BY FAILURE TO COMPLY WITH REMOVAL PROCEDURES AT 40 CFR 61.147, 61.152 AND BY FAILURE TO COMPLY WITH THE NOTIFICATION REQUIREMENT AT 61.146. SPECIFICALLY: 1) ON OR ABOUT 6/3/87, FAILURE TO NOTIFY EPA BEFORE THE RENOVATION BEGAN IN VIOLATION OF THE 40 CFR 61.146(B)(4); 2) ON OR ABOUT 5/27/87, FAILURE TO ENSURE THAT THE FRIABLE ASBESTOS MATERIAL REMAINED WET UNTIL COLLECTED FOR DISPOSAL; AND 3) ON OR ABOUT 5/27/87, CAUSING VISIBLE EMISSIONS OF ASBESTOS-CONTAINING MATERIAL TO THE OUTSIDE AIR IN VIOLATION OF 40 CFR 61.152(B). THE PROPOSED RELIEF SOUGHT IS INJUNCTIVE RELIEF DIRECTING THE DEFENDANT TO COMPLY WITH THE NESHAP REGULATIONS GOVERNING ASBESTOS RENOVATIONS AND DEMOLITIONS; AND TO COLLECT CIVIL PENALTIES IN THE AMOUNT OF $41,200 BASED ON EPA'S ASBESTOS DEMOLITION AND RENOVATION CIVIL PENALTY POLICY DATED 2/8/85. CONTACTS WITH DEFENDANT INCLUDE 1/21/88, EPA REGION II SENT LETTERS PURSUANT TO 114 OF THE ACT TO ALL DEFENDANTS. EPA HAS NOT TAKEN ANY PRIOR ADMINISTRATIVE ACTION AGAINST THE DEFENDANT FOR VIOLATION OF THE ASBESTOS NESHAPS.

Defendants (3)

• SYRACUSE UNIVERSITYNamed in complaintNamed in settlement
• OVER & UNDER PIPING CONTRACTORS INCNamed in complaintNamed in settlement
• AAC CONTRACTING INCNamed in complaintNamed in settlement

Facilities (1)

• SYRACUSE UNIVERSITY

  SYRACUSE ADM BLDG-SKYTOP BLDG, SYRACUSE, NY, 13210

  Registry ID: 110010618509

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• SYRACUSE UNIVERSITYentered 1990-12-20

  Primary law: CAA

  Federal penalty: $37,500

Timeline (7 milestones)

• 1988-01-21Enforcement Action Data Entered
• 1988-03-31Referred To Dept Of Justice
• 1988-08-17Complaint Filed With Court
• 1990-12-20Final Order Lodged
• 1990-12-20Final Order Entered
• 1990-12-20Concluded
• 1991-04-29Enforcement Action Closed