EPA v. WILKES-BARRE, CITY OF, ET. AL.

Case summary

On December 30, 2004, EPA Region III filed a Complaint and Notice of Opportunity for Hearing ( Complaint ) against the City of Wilkes-Barre, A.R. Popple, Inc., and Wyoming S.&P., Inc. for alleged violations of the National Emission Standard for Asbestos (the Asbestos NESHAP ), promulgated at 40 C.F.R. Part 61, Subpart M, pursuant to Section 112 of the Clean Air Act. The Asbestos NESHAP requires owners and operators of certain demolition activities to comply with asbestos notification, work practice, and disposal requirements. The alleged violations were discovered during a series of inspections of the former Wilkes-Barre Steam Heat Plant, located at located at 129 North Washington Street in Wilkes-Barre, Pennsylvania, in June and July 2002. Responding to dangerous conditions, the City of Wilkes-Barre hired A.R. Popple, Inc. to demolish the former Steam Heat Plant and hired Wyoming S.&P., Inc. to provide asbestos services. A.R. Popple, Inc. is a Pennsylvania corporation, a demolition contractor, and an employer of approximately 20 people. Wyoming S.&P., Inc. is a Pennsylvania corporation, an asbestos contractor, and an employer of approximately 30 people. By failing to comply with the Asbestos NESHAP, Respondents increased the likelihood of release of asbestos fibers into the atmosphere. EPA seeks penalties in the amount of $36,850 for alleged violations relating to the failure to provide adequate notification, failure to keep asbestos waste material adequately wet, failure to dispose of asbestos waste as soon as was practicable, and failure to have a trained supervisor present during demolition activities. As a result of EPA's enforcement activities, the site was cleaned and the remaining asbestos was handled in accordance with

Defendants (3)

• WILKES-BARRE, CITY OF (SB)Named in complaintNamed in settlement
• A.R. POPPLE, INC (SB)Named in complaintNamed in settlement
• WYOMING S & P, INC (SB)Named in complaintNamed in settlement

Facilities (1)

• FORMER STEAM HEAT PLANT

  129 N. WASHINGTON ST, WILKES-BARRE, PA, 18701

  Registry ID: 110013699514

Statutes cited

• CAA 112B — Asbestos

Enforcement conclusions (1)

• WILKES-BARRE, CITY OF, ET. AL.entered 2007-07-11

  Primary law: CAA

  Federal penalty: $34,100

Timeline (3 milestones)

• 2004-12-12Enforcement Action Data Entered
• 2004-12-30Complaint Filed/Proposed Order
• 2007-07-11Final Order Issued