EPA v. Arcon, Inc. (Marine Vessel Cape Lobos)

Case summary

2/13/04 - COMPLAINT FILED, PROPOSING A TOTAL PENALTY OF $119,120 ($84,120 FOR HOLMES AND $35,000 FOR ARCON). RESPONDENTS ARE: ARCON, INC., AND HOLMES BROTHERS ENTERPRISES, INC. COMPLAINT ALLEGES: COUNT 1: RESPONDENTS FAILED TO PROVIDE ANY WRITTEN NOTICE OF INTENTION TO RENOVATE THE MV CAPE LOBOS UNTIL ON OR AFTER MARCH 16, 1999, AT THE TIME OF THE COMPLETION OF THE ASBESTOS REMOVAL. RESPONDENTS VIOLATED THE REQUIREMENTS OF 40 CFR SECTION 61.145(b), BY FAILING TO PROVIDE ANY WRITTEN NOTICE OF INTENTION TO RENOVATE TO THE ADMINISTRATOR OR HIS DESIGNEE AT LEAST 10 DAYS PRIIOR TO THE COMMENCEMENT OF THE RENOVATION PROJECT. COUNT 2: DURING EPA'S INVESTIGATION, IT WAS REVEALED THAT PRIOR TO THE REMOVAL OF THE RACM, RESPONDENT HOLMES BROTHERS DISTURBED THE ASBESTOS WHILE REMOVING CERTAIN HARDWARE MATERIAL AFFIXED TO THE WALL PANELS CONTAINING ASBESTOS. RESPONDENT HOLMES BROTHERS VIOLATED 40 CFR SECTION 61.145(c)(1), BY FAILING TO REMOVE THE ASBESTOS BEFORE ENGAGING IN ACTIVITIES THAT CAUSED THE RACM TO BE DISTURBED. COUNT 3: DURING THE INSPECTION CONDUCTED BY NCHHCB ON MARCH 11, 1999, THE INSPECTOR OBSERVED THAT RACM WAS REMOVED WITHOUT BEING ADEQUATELY WET. FURTHER, THE INSPECTOR FOUND NO WATER OR WETTING AGENCY PRESENT IN THE REMOVAL AREAS. RESPONDENTS VIOLATED 40 CFR SECTION 61.145(c)(2), BY FAILING TO ADEQUATELY WET THE RACM DURING CUTTTING AND DISJOINING OPERATION. COUNT 4: DURING THE INSPECTION CONDUCTED BY NCHHCB ON MARCH 11, 1999, THE INSPECTOR EXAMINED SEVERAL BAGS CONTAINING DRY RACM THAT WERE PREPARED FOR DISPOSAL. THE INSPECTOR ALSO FOUND SEVERAL PIECES OF DRY RACM SCATTERED THROUGHOUT THE RENOVATION AREAS ON BOARD THE MV CAPE LOBOS. RESPONDENTS VIOLATED 40 CFR SECTION 61.145(c)(6)(i), BY FAILING TO ENSURE THAT THE RACM REMAINED WET UNTIL COLLECTED AND CONTAINED OR TREATED IN PREPARATION FOR DISPOSAL. COUNT 5: DURING THE INSPECTION CONDUCTED BY NCHHCB ON MARCH 11, 1999, THE INSPECTOR OBSERVED VISIBLE DUST IN THE ASBESTOS ABATEMENT AREAS ON BOARD THE MV CAPE LOBOS. IN ADDITION, THE RESULTS OF AIR SAMPLES TAKEN AROUND THE ABATEMENT AREA REVEALED VERY HIGH LEVELS OF ASBESTOS. FURTHER, DURING THE ABOVE-REFERENCED INSPECTION, THE INSPECTOR FOUND NO WETTING AGENT, MIXTURE CONTROL DEVICES, OR AIR-CLEANING DEVICES SPECIFIED IN 40 CFR SECTION 61.150(a)(1) THROUGH (4), PRESENT AT THE ASBESTOS REMOVAL AREA ON BOARD THE MV CAPE LOBOS. RESPONDENTS VIOLATED 40 CFR 61.150(a)(1) THOUGH (4), BY FAILING TO ENSURE THAT THERE WERE NOT VISIBLE EMISSIONS TO THE OUTSIDE AIR DURING THE COLLECTION, PROCESSING OR TRANSPORTING OF THE ASBESTOS CONTAINING MATERIAL. FURTHER, RESPONDENT VIOLATED 40 CFR 61.150(a)(1) THROUGH (4), BY FAILING TO USE ANY EMISSIONS CONTROL WASTE TREATMENT. COUNT 6: RESPONDENT HOLMES BROTHERS VIOLATED 40 CFR 61.145(c)(8), BY FAILING TO HAVE AT LEAST ONE PERSON ADEQUATELY TRAINED IN COMPLIANCE WITH THE ASBESTOS NSEHAP REGULATIONS PRESENT AT THE MV CAPE LOBOS DURING THE DISTURBANCE OF THE RA

Defendants (1)

• ARCON, INC.Named in complaintNamed in settlement

Facilities (1)

• MARINE VESSEL CAPE LOBOS

  318 BATTLESHIP ROAD, WILMINGTON, NC, 28401

  Registry ID: 110013694010

Statutes cited

• CAA 112B — Asbestos
• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• Arcon, Inc. (Marine Vessel Cape Lobos)entered 2005-06-29

  Primary law: CAA

  Federal penalty: $3,000

Timeline (5 milestones)

• 2004-02-13Complaint Filed/Proposed Order
• 2004-02-18Enforcement Action Data Entered
• 2004-11-02Amended Complaint
• 2005-06-29Final Order Issued
• 2005-07-12Enforcement Action Closed