EPA v. NEW YORK CITY TRANSIT AUTHORITY

Case summary

REFERRAL TO JUSTICE ON SEPTEMBER 30, 1996. THE DEFENDANT FAILED TO COMPLY WITH WORK PRACTICE STANDARDS OF THE ASBESTOS NESHAP DURING THE REMOVAL OF ASBESTOS CONTAINING ROOFING PANELS FROM THE FOREST AVE SUBWAY PLATFORM IN QUEENS NY. THE VIOLATIONS INCLUDE: FAILURE TO ADEQUATELY WET THE PANELS TO PREVENT EMISSION OF ASBESTOS FIBERS AND FAILURE TO HANDLE THE PANELS IN A MANNER TO PREVENT DAMAGE DURING AND FOLLOWING REMOVAL. THE REGION SEEKS PENALTIES IN THE AMOUNT OF $225,000 AND INJUNCTIVE RELIEF REQUIRING THE DEFENDANT TO IMPLEMENT PROCEDURES TO ASSURE THAT ALL FUTURE ASBESTOS REMOVAL PROJECTS AT ITS FACILITIES ARE PERFORMED IN COMPLIANCE WITH THE CAA REQUIREMENTS. FACILITY: NYC TRANSIT AUTH (FOREST AVE SUBWAY STATION) ADDRESS: FOREST AVE STATION, FLUSHING, NY 11375 * 09/30/96 - REFERRED TO DOJ * 12/23/97 - COMPLAINT FILED. * NO SETTLEMENT REACHED AS OF JUNE 2002. *

Defendants (1)

• NEW YORK CITY TRANSIT AUTHORITY (THE)Named in complaintNamed in settlement

Facilities (1)

• NYC TRANSIT AUTH

  FOREST AVE SUBWAY STATION, FLUSHING, NY, 11375

  Registry ID: 110010603043

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• NEW YORK CITY TRANSIT AUTHORITYentered 2004-02-05

  Primary law: CAA

  Federal penalty: $300,000

Timeline (7 milestones)

• 1996-07-01Enforcement Action Data Entered
• 1996-09-30Referred To Dept Of Justice
• 1997-12-23Complaint Filed With Court
• 2003-12-01Final Order Lodged
• 2004-02-05Concluded
• 2004-02-05Final Order Entered
• 2004-03-03Enforcement Action Closed