EPA v. ALLEGHENY, COUNTY OF PENNSYLVANIA

Case summary

ON FEBRUARY 25, 1997, EPA RECEIVED A NOTIFICATION OF DEMOLITION AND RENOVATION INDICATING THAT A DEMOLITION INVOLVING REMOVAL OF FRIABLE ASBESTOS WAS TO BE STARTED AT THE PITTSBURGH INT'L AIRPORT OLD TERMINAL BUILDING (THE FACILITY ) ON MARCH 3, 1997 AND COMPLETED BY JUNE 30, 1997. IN RESPONSE TO A CITIZEN COMPLAINT, AN EPA REPRESENTATIVE CONDUCTED AN INSPECTION OF THE FACILITY ON MARCH 20, 1997 AND OBSERVED SIGNIFICANT QUANTITIES OF FRIABLE ASBESTOS MATERIAL SCATTERED ABOUT VARIOUS AREAS OF THE FACILITY. ALL OF THE MATERIAL WAS DRY AND EXPOSED TO THE AIR. NONE OF THE MATERIAL HAD BEEN COLLECTED AND ENCLOSED IN LEAK-TIGHT BAGS. DURING A SUBSEQUENT APRIL 18, 1997 EPA INSPECTION, SIMILAR CONDITIONS WERE OBSERVED. EPA LEARNED THAT ALL FRIABLE ASBESTOS MATERIALS OBSERVED BY THE INSPECTOR TO HAVE BEEN DISTURBED OR REMOVED HAD BEEN SO DISTURBED OR REMOVED PRIOR TO FEBRUARY 17, 1997 BY SALVAGE CONTRACTORS WORKING UNDER BID CONTRACTS APPROVED BY THE ALLEGHENY COUNTY DEPARTMENT OF AVIATION ( ACDA ). EPA LEARNED THAT ACDA HAD APPROVED THE SOLICTATION OF BIDS FROM LOCAL SALVAGE COMPANIES TO REMOVE FACILITY COMPONENTS SUCH AS COPPER PIPING, ALUMINUM WINDOW FRAMES, ESCALATORS, ETC. AT THE FACILITY FOR THEIR SCRAP VALUE PRIOR TO THE INITIATION OF SCHEDULED ASBESTOS ABATEMENT AND DEMOLITION ACTIVITIES. EPA FURTHER LEARNED THAT ACDA'S HIRED SUPERVISOR WAS LAX IN ITS SUPERVISION OF THESE SALVAGE COMPANY OPERATIONS AND THAT SUCH OPERATIONS INCLUDED SUBSTANTIAL DEMOLITION ACTIVITIES THAT RESULTED IN THE DISTURBANCE, STRIPPING AND REMOVAL OF SIGNIFICANT QUANTITIES OF FRIABLE ASBESTOS MATERIALS. EPA ISSUED ACDA AN ADMINISTRATIVE ORDER TO CEASE ALL WORK AND PROPERLY CONTAIN AND DISPOSE OF ALL ACM THAT HAD BEEN DISTURBED. EPA FURTHER REFERRED THIS MATTER TO ITS CRIMINAL INVESTIGATORS AND TO THE U.S. DEPARTMENT OF LABOR FOR POTENTIAL OCCUPATIONAL SAFETY AND HEALTH ACT (OSHA) VIOLATIONS. THE COMPLAINT ALLEGES THE FOLLOWING VIOLATIONS: 1) FAILURE TO ADEQUATELY WET ALL RACM, INCLUDING MATERIAL THAT HAS BEEN REMOVED OR STRIPPED, AND ENSURE THAT THE RACM REMAINS WET UNTIL COLLECTED AND CONTAINED OR TREATED IN PREPARATION FOR DISPOSAL, IN VIOLATION OF 40 C.F.R.SECTION 61.145(C)(6)(I) AND SECTION 112 OF THE CAA, 42 U.S.C. SECTION 7412; AND 2) FIALURE TO DEPOSIT ALL ASBESTOS- CONTAINING WASTE MATERIAL, AS SOON AS PRACTICAL, AT A WASTE DISPOSAL SITE OPERATED IN ACCORDANCE WITH THE PROVISIONS OF 40 C.F.R. SECTION 61.154 OR AT AN EPA-APPROVED SITE THAT CONVERTS RACM AND ASBESTOS-CONTAINING WASTE MATERIAL INTO NONASBESTOS (ASBESTOS-FREE) MATERIAL ACCORDING TO THE PROVISIONS OF 40 C.F.R. SECTION 61.155, IN VIOLATION OF 40 C.F.R. SECTION 61.150(B) AND SECTION 112 OF THE CAA, 42 U.S.C. SECTION 7412. THE REGION PROPOSES A TOTAL PENALTY OF $108,900.00, WHICH INCLUDES MULTI-DAY PENALTIES, AGAINST THE COUNTY FOR THESE ASBESTOS NESHAP WORK PRACTICE VIOLATIONS.

Defendants (1)

• ALLEGHENY, COUNTY OF PENNSYLVANIANamed in complaintNamed in settlement

Facilities (1)

• FORMER OLD TERM BLD PITTSBURGH INT'L AIRPORT

  RT 60 BUSINESS & BEARS SCHOOL RD, PITTSBURGH, PA, 15231

  Registry ID: 110012286196

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• ALLEGHENY COUNTY OF PENNSYLVANIAentered 2002-06-24

  Primary law: CAA

  Federal penalty: $95,000

Timeline (4 milestones)

• 2002-03-11Enforcement Action Data Entered
• 2002-03-14Complaint Filed/Proposed Order
• 2002-06-24Final Order Issued
• 2002-07-15Enforcement Action Closed