EPA v. GIANT FLOOR AND WALL COVERING CO., INC. (SAINT MICHAELS BOYS HOME)

Case summary

On September 28, 2023, EPA Region III entered into a Consent Agreement and Final Order with Symba Capital, LLC ( Symba Capital ) and Giant Floor and Wall Covering Co., Inc. ( Giant Floor ) (collectively the Respondents ) resolving alleged violations of the requirements of the National Emission Standard for Asbestos, codified at 40 C.F.R Part 61, Subpart M, Sections 61.140 - 61.156 (the Asbestos NESHAP ) against Respondents at the Saint Michaels Boys Home located at 72 Eihab Lane, Tunkhannock, Pennsylvania 18615 ( Facility. ) Symba Capital is an owner of a demolition or renovation activity as defined under 40 C.F.R 61.141 at the Facility. Giant Floor was an operator of a demolition or renovation activity as defined under 40 C.F.R ? 61.141 at the Facility. Specifically, EPA alleged that Respondents failed to (1) provide written notice of intention to demolish or renovate pursuant to 40 C.F.R. ? 61.145(b)(1); (2) adequately wet regulated asbestos containing material ( RACM ) during the stripping operation pursuant to 40 C.F.R. 61.145(c)(3); (3) keep RACM wet before removal pursuant to 40 C.F.R. 61.145(c)(6)(i); and (4) have at least one on-site representative trained in the provisions of 40 C.F.R. 61.145 and the means of complying with that regulation pursuant to 40 C.F.R. 61.145(c)(8). The Facility is not located in EJ area of concern. The Pennsylvania Department of Environmental Protection is aware of this action. The settlement requires Respondents to pay $43,693 in civil penalties to resolve the alleged violations.

Defendants (2)

• SYMBA CAPITAL, LLCNamed in complaintNamed in settlement
• GIANT FLOOR AND WALL COVERING CO., INC.Named in complaintNamed in settlement

Facilities (1)

• SAINT MICHAELS BOYS HOME

  72 EIHAB LANE, TUNKHANNOCK, PA, 18657

  Registry ID: 110071201780

Statutes cited

• CAA 112B — Asbestos

Enforcement conclusions (1)

• GIANT FLOOR AND WALL COVERING CO., INC. (SAINT MICHAELS BOYS HOME)entered 2023-09-28

  Primary law: CAA

  Federal penalty: $43,693

Timeline (4 milestones)

• 2023-09-28Enforcement Action Data Entered
• 2023-09-28Final Order Issued
• 2023-09-28Complaint Filed/Proposed Order
• 2024-03-11Enforcement Action Closed