EPA v. A&E SALVAGE, INC.

Case summary

8/8/08 - CONSENT AGREEMENT ISSUED. RESPONDENT A&E SALVAGE, INC. HAS BEEN CONDUCTING SALVAGE, RENOVATION, AND DEMOLITION OPERATIONS AT THE LIBERTY FIBERS RAYON PLANT, NOW IN BANKRUPTCY, SINCE APPROX SEPT 2006, AND PLANS TO CONDUCT ADDITIONAL OPERATIONS IN THE NEAR FUTURE. THESE OPERATIONS HAVE INVOLVED THE REMOVAL OF METALS, STEEL, EQUIPMENT, AND OTHER MATERIALS FROM THE BUILDINGS, STRUCTURES AND OTHER COMPONENTS AT THE FACILITY, AND THE RENOVATION AND DEMOLITION OF BUILDINGS AT THE PROPERTY. MANY OF THE BUILDINGS, STRUCTURES, COMPONENTS, AND EQUIPMENT AT THE PROPERTY THAT HAVE BEEN RENOVATED AND/OR DEMOLISHED CONTAINED FRIABLE AND NON-FRIABLE ASBESTOS THAT CAN BE MADE FRIABLE DURING SUCH OPERATIONS, INCLUDING, BUT NOT LIMITED TO, PIPING INSULATION, BOILER INSULATION, SPRAY-ON FIREPROOFING, FLOOR TILES, MASTIC, ROOF FLASHING, STEAM GASKETS, AND THERMAL SYSTEM MUD. A&E SALVAGE IS AN OWNER/OPERATOR OF THE RENOVATION AND DEMOLITION ACTIVITIES THAT HAVE BEEN CONDUCTED AT THE LIBERTY FIBERS PROPERTY. THE LIBERTY FIBER PROPERTY IS A FACILITY . THEREFORE, A&e SALVAGE IS SUBJECT TO THE REQUIREMENTS OF THE ASBESTOS NESHAP. EPA HAS FURTHER DETERMINED THAT A&E HAS FALED TO COMPLY WITH VARIOUS PROVISIONS OF THE ASBESTOS NESHAP. AS A RESULT, A&E IS SUBJECT TO ENFORCEMENT ACTION INCLUDING BUT NOT LIMITED TO, ISSUANCE OF A COMPLIANCE ORDER, ASSESSMENT OF ADMINISTRATIVE CIVIL PENALTIES, CRIMINAL PENALTIES, OR INITIATION OF A CIVIL SUIT FOR PENALTIES AND INJUNCTIVE RELIEF PURSUANT TO CAA SEC 113. EPA AND A&E HAVE MET TO DISCUSS THIS MATTER AND A&E HAS ADVISED EPA THAT IT WISHES TO COME INTO COMPLIANCE WITH THE ASBESTOS NESHAP AND THAT IT WILL TAKE ALL NECESSARY STEPS TO CORRECT ITS PAST AND EXISTING VIOLATIONS TO ENSURE THAT ITS UPCOMING ADDITIONAL RENOVATION AND/OR DEMOLITION AND SALVAGING WORK AT THE FACILITY WILL BE CONDUCTED IN FULL COMPLIANCE WITH THE LAW. AS A RESULT OF A&E'S WILLINGNESS TO COME INTO COMPLIANCE WITH THE ASBESTOS NESHAP, EPA HAS AGREED TO ENTER INTO THIS CONSENT AGMT. EPA ALSO HAS CONFERRED WITH THE STATE OF TN DEPT OF ENVIRONMENT AND CONSERVATION (TDEC) ABOUT THE CONDITIONS AT THE FACILITY AND ABOUT THIS CONSENT AGMT. EPA'S DETERMINATIONS. BASED ON EPA'S INSPECTIONS AND REVIEW OF AVAILABLE RECORDS, EPA DETERMINED THAT A&E VIOLATED THE ASBESTO NESHAP AS FOLLOWS. FAILED TO: A. CONDUCT INSPECTION USING AN ACCREDITED INSPECTOR PRIOR TO BEGINNING ASBESTOS REMOVAL WORK AND DEMOLITION AND RENOVATION ACTIVITIES. B. HAVE AN ACCREDITED ASBESTOS DESIGNER DEVELOP AN ASBESTOS ABATEMENT PLAN. C. PROVIDE ADEQUATE NOTICE OF A DEMOLITION AND RENOVATION PROJECT INVOLVING ASBESTOS. D. REMOVAL ALL RACM BEFORE ANY ACTIVITY BEGAN THAT WOULD BREAK UP, DISLODGE, OR SIMILARLY DISTURB THE MATERIAL OR PRECLUDE ACCESS TO THE MATERIAL FOR SUBSEQUENT REMOVAL. E. ADEQUATELY WET ALL RACM WHICH WAS REMOVED OR STRIPPED AND TO ENSURE THAT ALL RACM REMAINED ADEQUATELY WETTED UNTIL COLLECTED AND CONTAINED OR TREATED IN PREPARATION FOR DISPOSAL. F. DEPOSIT ALL ASBESTOS-CONTAINING WASTE MATERIAL AS SOON AS PRACTICAL AT A WASTE DISPOAL SITE OPERATED IN ACCORDANCE WITH 40 CFR 61.154. G. APPLY PROPER GENERATOR LABELS TO ALL BAGGED ACWM. FAILED TO APPLY OSHA WARNING LABELS TO BAGGED ACWM.

Defendants (1)

• A&E SALVAGE, INC.Named in settlement

Facilities (1)

• LIBERTY FIBERS CORPORATION

  HIGHWAY 160, LOWLAND, TN, 37778

  Registry ID: 110037245665

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• A&E SALVAGE, INC.entered 2008-08-08

  Primary law: CAA

Timeline (2 milestones)

• 2008-08-08Final Order Issued
• 2008-09-11Enforcement Action Data Entered