EPA v. USS ROBINSON/CONSOLIDATED MINERALS & CHARLESTON SHIPBUILDERS

Case summary

THIS IS A PROPOSED ACTION FOR CIVIL PENALTIES AND INJUNCTIVE RELIEF AGAINST CONSOLIDATED MINERALS, INC., CHARLESTON SHIPBUILDERS, INC. (CSI), AND ATLANTIC INSULATION AND REFRACTORY COMPANY, INC (AIRC) FOR VIOLATIONS OF THE NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (NESHAP) FOR ASBESTOS, 40 C.F.R. PART 61, SUBPART M. THE DEFENDANTS ARE OPERATORS OF AN ASBESTOS RENOVATION PROJECT CONDUCTED ABOARD THE USS ROBINSON IN CHARLESTON, SC. EPA IS ALLEGING THAT THE DEFENDANTS VIOLATED THE ASBESTOS NESHAP REGULATIONS BY: (1) FAILING TO THOROUGHLY INSPECT THE FACILITY WHERE THE RENOVATION OPERATION WOULD OCCUR; (2) FAILING TO ADEQUATELY WET THE ASBESTOS INSULATION DURING THE RENOVATION WORK TO PREVENT THE RELEASE OF ASBESTOS FIBERS INTO THE AIR; (3) FAILING TO ADEQUATELY WET THE ASBESTOS INSULATION DEBRIS THAT HAD BEEN REMOVED FROM THE PIPES UNTIL IT COULD BE PROPERLY DISPOSED OF; AND (4) FAILING TO ENSURE THAT NO DISCHARGE OF VISIBLE EMISSIONS TO THE OUTSIDE AIR WOULD OCCUR BY SEALING THE ASBESTOS-CONTAINING WASTE MATERIALS IN LEAK TIGHT CONTAINERS WHILE AWAITING DISPOSAL. THIS CASE IS NATIONALLY SIGNIFICANT FOR THE FOLLOWING REASONS. THE PENALTY PROPOSED IN THE REFERRAL IS $1,040,200. THE CASE INVOLVES THE REMOVAL OF ASBESTOS CONTAINING MATERIAL FROM A NAVAL VESSEL, THE USS ROBINSON, DOCKED AT THE CHARLESTON NAVAL SHIPYARD, A FACILITY AUTHORIZED FOR CLOSURE PURSUANT TO THE DEENSE BASE REALIGNMENT AND CLOSURE (BRAC) ACT OF 1990. PRIVATE ENTITIES SUCH AS THE DEFENDANTS INVOLVED IN THIS PROPOSED ACTION, HAVE BEEN WORKING TO CONVERT OLD NAVAL VESSELS INTO EVONOMICALLY VIABLE ENTERPRISES SUCH AS POWER BARGES. THUS, THIS ENFORCEMENT ACTION MAY BE POLITICALLY SENSITIVE GIVEN THE DEFENDANTS' ACTIVE PARTICIPATION IN THESE REVITALIZATION EFFORTS. REGION 4 BELIEVES THAT A SEPARATE FEDERAL FACILITIES COMPLIANCE AGREEMENT SHOULD BE PURSUED WITH THE U.S. NAVY TO ENSURE COMPLIANCE WITH THE ASBESTOS NESHAP STANDARDS DURING RENOVATION OR DEMOLITION ACTIVITIES ABOARD NAVAL SHIPS. FURTHERMORE, IMPROPER ASBESTOS REMOVAL AND DISPOSAL ABOARD NAVAL SHIPS MAY BE AN EVER-INCREASING PROBLEM ACROSS MANY STATES. REGION 4 IS CURRENTLY ADDRESSING A PARTICULARLY EGREGIOUS SITUATION INVOLVING THE DEMOLITION OF A NAVAL VESSEL IN WILMINGTON, NC, WHICH RESULTED IN OVER FIVE ACRES OF ASBESTOS CONTAMINATION. CRIMINAL INDICTMENTS AGAINST INDIVIDUALS INVOLVING ILLEGAL ASBESTOS RENOVATION AND DISPOSAL ACTIVITIES ABOARD SHIPS HAVE BEEN ISSUED IN CALIFORNIA, VIRGINIA, TEXAS, MARYLAND, AND RHODE ISLAND. WHILE THE EVIDENCE TO DATE DOES NOT INDICATE CRIMINAL INTENT SUFFICIENT TO SUPPORT CRIMINAL PROSECUTION IN REGARD TO THIS REFERRAL, REGION 4 AND OTHER REGIONS ARE EXAMINING THE ISSUE TO DETERMINE IF THIS IS A WIDESPREAD PROBLEM.

Defendants (2)

• CHARLESTON SHIPBUILDERS, INC.Named in complaintNamed in settlement
• CONSOLIDATED MINERALS, INC.Named in complaintNamed in settlement

Facilities (1)

• CHARLESTON NAVAL SHIPYARD

  CODE 460 COOPER RIVER, CHARLESTON, SC, 29408

  Registry ID: 110010640057

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• CONSOLIDATED MINERALS/CHARLESTON SHIPBUILDERS, INCentered 1998-09-08

  Primary law: CAA

  Federal penalty: $100,000 · State/local: $100,000

Timeline (7 milestones)

• 1997-02-03Enforcement Action Data Entered
• 1997-02-03Referred To Dept Of Justice
• 1998-09-08Final Order Lodged
• 1998-09-08Final Order Entered
• 1998-09-08Complaint Filed With Court
• 1998-09-08Concluded
• 1999-10-12Enforcement Action Closed