EPA v. FMC CORPORATION

Case summary

FMC CORPORATION RETAINED MARSHALL PRICKETT GENERAL CONTRAC- TOR, INC. (MARSHALL PRICKETT) TO REMOVE ASBESTOS-CONTAINING FLOOR TILE FROM A BUILDING LOCATED AT FMC'S STEEL PRODUCT DIVISION FACILITY IN ANNISTON, CALHOUN COUNTY, ALABAMA. FROM JANUARY 2-4, 1991, MARSHALL PRICKETT REMOVED APPROXIMATELY TEN THOUSAND SQUARE FEET OF ASBESTOS-CONTAINING MATERIAL (AMC) FROM FMC'S TWO STORY STRUCTURE COMMONLY REFERRED TO AS THE MECHANICSVILLE SCHOOL. PRIOR TO THE RENOVATION PROJECT AS REQUIRED BY REGULATION, MARSHALL PRICKETT NOTIFIED THE ALABAMA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT (ADEM) OF THE PLANNED ASBESTOS ABATEMENT PROJECT. HOWEVER, THIS NOTIFICA- TION DID NOT CONTAIN ALL OF THE INFORMATION REQUIRED UNDER APPLICABLE REGULATIONS. ON JANUARY 4, 1991, WHICH WAS THE THIRD AND FINAL DAY OF THE DEFENDANTS, FLOOR TILE REMOVAL PROJECT, ADEM COMPLIANCE IN- SPECTOR, PARTHA P. GHOSH, CONDUCTED AN UNANNOUNCED INSPEC- TION OF THE FMC FACILITY. DURING HIS INSPECTION, HE NOTED SEVERAL VIOLATIONS OF ASBESTOS REMOVAL WORK STANDARDS WHICH ARE CONTAINED IN APPLICABLE FEDERAL REGULATIONS. ADEM THERE- AFTER NOTIFIED REGION IV OF THE CASE AND INDICATED THE STATES RELUCTANCE AND/OR INABILITY TO PURSUE FURTHER ENFORCE MENT ACTIONS. REGION IV HAS DETERMINED THAT FMC AND MARSHALL PRICKETT VIO- LATED THE NESHAP FOR ASBESTOS, WHICH ARE CODIFIED AT 40 CFR PART 61, SUBPART M. IN PARTICULAR, REGION IV HAS DETERMINED THAT THE DEFENDANTS FAILED TO SEND AN ADEQUATE NOTICE OF IN- TENT TO RENOVATE THE FACILITY AND FAILED TO COMPLY WITH THE SPECIFIED WORK PRACTICE STANDARDS (I.E., THE NESHAP) FOR REMOVAL OF REGULATED ASBESTOS CONTAINING MATERIAL (RACM), AS DEFINED IN 40 C.F.R. SECTION 61.141. SPECIFICALLY, THE DEFENDANTS DID NOT COMPLY WITH THE FOLLOW- ING NESHAP REQUIREMENTS: (1) TO ADEQUATELY WET THE MATERIAL DURING STRIPPING OPERATION; (2) TO ENSURE THAT THE MATERIAL REMAINS WET UNTIL COLLECTED AND CONTAINED OR TREATED IN PRE- PARATION FOR DISPOSAL; (3) TO DISCHARGE NO VISIBLE EMISSIONS TO THE OUTSIDE AIR DURING THE COLLECTION, PROCESSING, PACK- AGING OR TRANSPORTING OF THE MATERIAL; (4) TO SEAL ALL MA- TERIAL IN LEAK-TIGHT CONTAINERS OR WRAPPING WHILE WET; AND (5) TO PROVIDE EACH ITEM REQUIRED IN THE PRE-RENOVATION NOTIFICATION FORM. THE REGION SEEKS TO ENTER INTO A CONSENT DECREE WITH THE DEFENDANTS IN WHICH THE DEFENDANTS WOULD AGREE TO COMPLY WITH THE NESHAP REGULATIONS ON ANY AND ALL FUTURE RENOVATION OR DEMOLITION PROJECTS AND WOULD PAY A CIVIL PENALTY.

Defendants (2)

• FMC CORPORATIONNamed in complaintNamed in settlement
• MARSHALL PRICKETT GENERAL CONTRACTOR INCNamed in complaintNamed in settlement

Facilities (6)

• UNITED DEFENSE LIMITED PARTNERSHIP FORGE SHOP

  2101 WEST 10TH STREET, ANNISTON, AL, 36201

  Registry ID: 110042012014

• UNITED DEFENSE LIMITED PARTNERSHIP FORGE SHOP

  2101 WEST 10TH STREET, ANNISTON, AL, 36201

  Registry ID: 110042012014

• UNITED DEFENSE LIMITED PARTNERSHIP FORGE SHOP

  2101 WEST 10TH STREET, ANNISTON, AL, 36201

  Registry ID: 110042012014

• UNITED DEFENSE LIMITED PARTNERSHIP FORGE SHOP

  2101 WEST 10TH STREET, ANNISTON, AL, 36201

  Registry ID: 110042012014

• UNITED DEFENSE LIMITED PARTNERSHIP FORGE SHOP

  2101 WEST 10TH STREET, ANNISTON, AL, 36201

  Registry ID: 110042012014

• UNITED DEFENSE LIMITED PARTNERSHIP FORGE SHOP

  2101 WEST 10TH STREET, ANNISTON, AL, 36201

  Registry ID: 110042012014

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• FMC CORP. & MARSHALL PRICKETTentered 1994-12-06

  Primary law: CAA

  Federal penalty: $15,000

Timeline (8 milestones)

• 1991-03-01Enforcement Action Data Entered
• 1991-09-27PRN Sent
• 1994-08-10Referred To Dept Of Justice
• 1994-12-05Complaint Filed With Court
• 1994-12-06Final Order Lodged
• 1994-12-06Final Order Entered
• 1994-12-06Concluded
• 1997-02-21Enforcement Action Closed