EPA v. V.I. WATER & POWER AUTHORITY

Case summary

THE NATIONAL EMISSION STANDARD FOR HAZARDOUS AIR POLLU- TANTS ( NESHAP ) FOR ASBESTOS AS VIOLATED BY FAILURE TO COM- PLY WITH NOTICE REQUIREMENTS, REMOVAL PROCEDURES, AND DISPO- SAL REQUIREMENTS. SPECIFICALLY, ON AUGUST 7, 1988, THE DEFENDANTS WERE DEMOLISHING A DESALINIZATION PLANT BUILDING WITHOUT HAVING NOTIFIED EPA, INVIOLATION OF 40 CFR 61.146 AND WITHOUT HAVING ALL FRIABLE ASBESTOS MATERIALS REMOVED FROM THE FACILITY, IN VIOLATION OF 40 CFR 61.147(A). IN ADD- ITION, THE DEFENDANTS FAILED TO ADEQUATELY WET THE FRIABLE ASBESTOS MATERIALS WHEN THEY WERE BEING STRIPPED FROM FACIL- ITY COMPONENTS BEFORE THE MEMBERS WERE REMOVED FROM THE FAC- ILITY, IN VIOLATION OF 40 CFR 61.147(C), AND DID NOT ENSURE THAT THE REMOVED FRIABLE ASBESTOS MATERIALS REMAINED WET UNTIL THEY WERE COLLECTED FOR DISPOSAL, IN VIOLATION OF 40 CFR 61.147(E)(1). THE DEFENDANTS ALSO DISCHARGED VISIBLE EMISSIONS TO THE OUTSIDE AIR DURING THE COLLECTION OF ASBES- TOS CONTAINING MATERIAL, IN VIOLATION OF 40 CFR 61.152(B). EPA ISSUED A COMPLIANCE ORDER TO VIWAPA ON AUGUST 8, 1988 AND TO PRESSURE VESSEL ON AUGUST 26, 1988. INJUNCTIVE RELIEF DIRECTING THE DEFENDANT TO SUBMIT TO EPA PLANS, SCHEDULES AND SITE CONTACTS FOR EACH ASBESTOS RENOVA- TION OR DEMOLITION; TO PROVIDE EPA INSPECTORS WITH IMMEDIATE ACCESS; TO SAMPLE AND ANALYZE FRIABLE MATERIAL BEFORE STRIPPING; TO COMPLY WITH REGULATIONS GOVERNING ASBESTOS RENOVATIONS AND DEMOLITIONS; AND TO COLLECT CIVIL PENALTIES IN THE AMOUNT OF $66,400 BASED UPON EPA'S ASBESTOS DEMOLI- TION AND RENOVATION CIVIL PENALTY POLICY DATED FEBRUARY 8, 1985. * FACILITY NAME: VIRGIN ISLANDS WATER & POWER AUTHORITY ADDRESS: KRUM BAY ESTATE NISKY CITY & STATE: ST. THOMAS (CHARLOTTE AMALIE), VI 00801 * 2 DEFENDANTS

Defendants (2)

• PRESSURE VESSEL SERVICES, INC.Named in complaintNamed in settlement
• VIRGIN ISLANDS WATER & POWER AUTHORITYNamed in complaintNamed in settlement

Facilities (3)

• VIRGIN ISLANDS WATER & POWER AUTHORITY

  KRUM BAY FACILITY, ST THOMAS, VI, 00804

  Registry ID: 110000580960

• VIRGIN ISLANDS WATER & POWER AUTHORITY

  KRUM BAY FACILITY, ST THOMAS, VI, 00804

  Registry ID: 110000580960

• VIRGIN ISLANDS WATER & POWER AUTHORITY

  KRUM BAY FACILITY, ST THOMAS, VI, 00804

  Registry ID: 110000580960

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (2)

• PRESSURE VESSEL SERVICES, INC.entered 1991-06-13

  Primary law: CAA

  Federal penalty: $7,500

• V. I. WATER & POWER AUTHORITYentered 1996-01-25

  Primary law: CAA

  Federal penalty: $35,000

Timeline (7 milestones)

• 1988-12-27Enforcement Action Data Entered
• 1988-12-27Referred To Dept Of Justice
• 1989-12-08Complaint Filed With Court
• 1996-01-25Final Order Lodged
• 1996-01-25Final Order Entered
• 1996-01-25Concluded
• 2001-08-31Enforcement Action Closed