EPA v. CON ED CO OF NY/JOHN'S INSULATION

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 SECT 61.147 IN A RENOVATION PROJECT AT THIS FACILITY DURING MARCH 1989. SPECIFICALLY: FAILURE TO ENSURE THAT REMOVED FRIABLE ASBESTOS MATERIALS REMAIN WET UNTIL COLLECTED FOR DISPOSAL IN VIOLATION OF 40 CFR SECT 61.147(E)(1). 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; SAMPLE & ANALYZE FRIABLE MATERIAL BEFORE STRIPPING; PROVIDE TELEPHONE NOTICE THE DAY ACTUAL STRIPPING BEGINS; AND TO COMPLY WITH THE NESHAP REGULATIONS GOVERNING ASBESTOS RENOVATIONS AND DEMOLITIONS; PAY CIVIL PENALTIES IN ACCOR- DANCE WITH EPA'S ASBESTOS DEMOLITION AND RENOVATION CIVIL PENALTY POLICY DATED FEBRUARY 8, 1985. * EPA ID #: NYD980210249 FACILITY ADDRESS: CON ED-WATERSIDE 600 FIRST AVENUE AT 40TH STREET NEW YORK, NY 10017 OWNERSHIP: PRIVATE SIC CODE: 4931

Defendants (2)

• CONSOLIDATED EDISON COMPANY OF NY, INCNamed in complaintNamed in settlement
• JOHN'S INSULATIONNamed in complaintNamed in settlement

Facilities (1)

• CONSOLIDATED EDISON WATERSIDE GENERATING STATION

  700 FIRST AVENUE, NEW YORK CITY, NY, 10017

  Registry ID: 110019644973

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (2)

• JOHN'S INSULATION, & CON ED NYentered 1995-04-19

  Primary law: CAA

  Federal penalty: $100,000

• JOHN'S INSULATION, & CON ED NYentered 1995-04-19

  Primary law: CAA

  Federal penalty: $42,500

Timeline (7 milestones)

• 1989-04-28Enforcement Action Data Entered
• 1989-05-19Referred To Dept Of Justice
• 1994-03-07Complaint Filed With Court
• 1995-04-19Final Order Lodged
• 1995-04-19Final Order Entered
• 1995-04-19Concluded
• 1995-08-31Enforcement Action Closed