EPA v. EQUITABLE RESOURCES, INC.

Case summary

THIS CASE CONCERNS VIOLATIONS OF THE NESHAPS FOR ASBESTOS 40 CFR PART 61, SUBPARTS A & M, PROMULAGETED PURSUANT TO SEC 112 & 114 OF THE CAA, AS AMENDED, 42 USC SEC 7412 & 7414. THESE VIOLATIONS ARE RELATED TO THE DEMOLITION OF THE EQUIT- ABLE GAS CO. COMPRESSOR STATION #31, LOCATED IN BURNSVILLE, WV. ON 3/18/86, THE WV DEPT OF NATURAL RESOURCES RECEIVED AN ANONYMOUS TELEPHONE COMPLAINT THAT IMPROPER ASBESTOS DEMOLI- TION WAS BEING CONDUCTED AT THE STATION. THE WVDNR CONDUCTED AN INSPECTION AT THE SITE & THEN CONTACTED THE WV AIR POLLU- TION CONTROL COMMISSION (WVAPCC), WHICH SENT 2 INSPECTORS TO VISIT THE SITE ON 3/18/86. THE INSPECTORS DISCOVERED THAT DEMOLITION INVOLVING ASBESTOS WAS IN FACT BEING CONDUCTED. NO NOTICE OF THE DEMOLITION WAS SENT TO EITHER THE WVAPCC OR TO EPA. THE INSPECTION REVEALED THAT PROPER WORK PRACTICES & DISPOSAL REQUIREMENTS HAD NOT BEEN FOLLOWED. THE ASBESTOS MATERIAL HAD NOT BEEN WETTED PRIOR TO REMOVAL & KEPT WET UN- TIL BAGGED FOR PROPER DISPOSAL, & THE SUBCONTRACTOR PLANNED TO DISPOSE OF THE ASBESTOS BY BURYING IT ALONG W/OTHER DEMO- LITION RUBBLE AT THE SITE RATHER THAN AT AN APPROVED LAND FILL. ON 3/21/86, THE WVAPPC ISSUED A CEASE & DESIST ORDER TO THE EQUITABLE GAS COMPANY, BI-CON SERVICES, INC., & WILLIAM STOLDER OWNER OF BILLS DEMOLITION (THE OWNER, CONTRACTOR & SUBCONTRACTOR), REQUIRING THEM TO CEASE VIOLATIONS OF THE ASBESTOS NESHAP AT THE SITE UPON RECEIPT OF THE ORDER. THIS ORDER HAS BEEN APPEALED BY BI-CON DENYING THAT IT VIOLATED THE LAW, ON THE BASIS THAT IT SUBCONTRACTED W/STODLER TO PERFORM THE DEMOLITION & THAT STODLER WAS ADVISED OF THE PRESENCE OF ASBESTOS. A 2ND INSPECTION WAS CONDUCTED BY WVAPCC INSPECTORS ON 5/5/86. AT THAT TIME WORKERS FROM NITRO INDUSTRIAL COVERINGS INC WERE PRESENT AT THE SITE. NITRO WAS BEEN HIRED BY BI-CON TO REMOVE & PROPERLY DISPOSE OF THE ASBESTOS MATERIALS. NI- TRO HAD SUBMITTED PROPER NOTICE TO THE WVPCC & TO EPA OF ITS ACTIVITIES. EPA IS CURRENTLY INVESTIGATING WHETHER THE AS- BESTOS MATERIAL WAS SUBSEQUENTLY DISPOSED OF IN A LANDFILL WHICH MEETS THE REGULATORY REQUIREMENTS. SUBSEQUENT TO ISSUANCE OF THE CEASE & DESIST ORDER, AN ATTORNEY FOR THE WVAPCC SPOKE W/STODLER, & BI-CON REGARDING THE VIOLATIONS. MR. STODLER CLAIMED FINANCIAL HARDSHIP, BUT INDICATED A WILLINGNESS TO SETTLE THE DISPUTE THROUGH PAY- MENT OF A PENALTY. BI-CON DENIED LIABILITY & HAS REJECTED THE WVPCC'S SETTLEMENT OVERTURES. THE WVAPCC ALSO CONRACTED EQUITABLE WHICH STATED THAT IT DOES NOT FEEL IT HAS ANY LIA- BILITY BECAUSE ITS CONTRACT W/BI-CON SPECIFICALLY REQUIRED THAT BI-CON COMPLY W/ALL EPA REGS. HAVING MADE THE CONTRACT ON THAT BASIS, EQUITABLE REFUSED TO CONSIDER SETTLEMENT NE- GOTIATIONS. THE WVAPCC LACKS THE AUTHORITY TO DEMAND PENAL- TIES OF A PARTY UNLESS A FINAL ORDER IS VIOLATED. IN THIS CASE, AS THERE HAS BEEN NO VIOLATION OF A FINAL ORDER, WVAPCC CANNOT REQUIRE BI-CON OR EQUITABLE TO PAY A PENALTY. IN 4/86, THE ATTORNEY FOR THE WVAPCC CONTACTED EPA TO RE- QUEST EPA INVOLVEMENT IN THE CASE. EPA AGREED TO REVIEW THE FACTS, & AFTER MEETING W/REPRESENTATIVES FROM WVAPCC, AGREED TO PURSUE A FEDERAL ENFORCEMENT ACTION. AS OF THE PREPARA- TION OF THIS REFERRAL, THE WVAPCC WAS PLANNING TO ENTER INTO A CD W/WILLIAM STOLDER. IN THE EVENT THAT WVAPCC IS SUCCESS- FUL IN ITS EFFORTS, REG 3 RECOMMENDS THAT THE U.S. TAKE THE STATE SETTLEMENT INTO ACCOUNT WHEN DECIDING WHETHER TO MAKE STODLER A DEF IN THE FEDERAL ACTION. REG 3 REQUESTS THAT A COMPLAINT BE FILED IN THE FEDERAL DISTRICT COURT FOR THE NORTHERN DISTRICT OF WV AGAINST EQUITABLE, BI-CON & STODLER FOR VIOLATIONS OF THE ASBESTOS NESHAP. THE RELIEF REQUESTED IS AN INJUNCTION MANDATING COM- PLIANCE W/ THE ASBESTOS NESHAP IN A

Defendants (3)

• BI-CON SERVICES, INC.Named in complaintNamed in settlement
• EQUITABLE RESOURCES, INC.Named in complaintNamed in settlement
• WILLIAM STODLER DBA BILL'S DEMOLITIONNamed in complaintNamed in settlement

Facilities (1)

• EQUITABLE GAS COMPRESSOR STATI

  UNOBTAINABLE, BURNSVILLE, WV, 26335

  Registry ID: 110010714110

Statutes cited

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

Enforcement conclusions (1)

• EQUITABLE RESOURCES, INC.entered 1988-02-09

  Primary law: CAA

  Federal penalty: $20,000

Timeline (7 milestones)

• 1986-07-25Referred To Headquarters
• 1986-09-16Referred To Dept Of Justice
• 1987-01-15Complaint Filed With Court
• 1988-02-09Final Order Lodged
• 1988-02-09Final Order Entered
• 1988-02-09Concluded
• 1990-09-02Enforcement Action Closed