EPA v. KEWAUNEE SCIENTIFIC EQUIPMENT CORP.

Case summary

NATURE OF THE CASE KEWAUNEE PRIMARILY MANUFACTURES LABORATORY EQUIPMENT AND FURNITURE, AMONG THESE FUME HOODS, LABORATORY FURNITURE AND OTHER ITEMS USING ASBESTOS. DUST GENERATED DURING FABRICATION OF THESE ITEMS IS VENTED TO CONTROL DEVICES AND COLLECTED IN BARRELS. NUMEROUS INSPECTIONS AT THE FACILITY HAVE RESULTED IN OBSERVATIONS OF VISIBLE EMISSIONS DURING THE CHANGING OF THE BARRELS, WHICH ARE VIOLATIONS OF THE NESHAP'S REGULATIONS. AN ATTEMPT BY U.S. EPA TO RESOLVE THE CASE THROUGH USE OF AN ADMINISTRATIVE ORDER FAILED, RESULT- ING IN THIS REFERRAL. CAUSE OF ACTION KEWAUNEE'S OBSERVED VISIBLE EMISSIONS VIOLATE 40 C.F.R. 61.22(J), WHICH PROHIBITS VISIBLE EMISSIONS DURING THE TRANSPORT OR HANDLING OF WASTE MATERIAL GENERATED BY FABRI- CATION USING ASBESTOS. THIS REGULATION IS ENFORCEABLE AS A VIOLATION OF THE CLEAN AIR ACT BY VIRTUE OF SECTION 112(C) OF THE ACT. U.S. EPA WOULD SEEK IMMEDIATE COMPLIANCE AND PENALTIES UP TO $25,000 PER DAY UNDER SECTION 113(B) OF THE ACT. PROPOSED REMEDY TO ACHIEVE COMPLIANCE WITH THE ASBESTOS NESHAP'S, KEWAUNEE COULD ENCLOSE ITS WASTE HANDLING AREAS, OR MODIFY OR REPLACE ITS WASTE HANDLING SYSTEM AND PROCEDURES. IN ADDITION, REGION V RECOMMENDS A PENALTY FOR SETTLEMENT PURPOSES AT NOT LESS THAN $10,000. ISSUES OF NATIONAL SIGNIFICANCE NONE.

Defendants (1)

• KEWAUNEE SCIENTIFIC EQUIPMENT CORP.Named in complaintNamed in settlement

Facilities (1)

• KEWAUNEE SCIENTIFIC EQUIPMENT

  700 S CENTER ST, ADRIAN, MI, 49221

  Registry ID: 110010758340

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• KEWAUNEE SCIENTIFIC EQUIP CORPentered 1985-12-23

  Primary law: CAA

  Federal penalty: $10,000

Timeline (7 milestones)

• 1984-03-19Referred To Headquarters
• 1984-04-20Referred To Dept Of Justice
• 1984-06-29Complaint Filed With Court
• 1985-12-23Final Order Lodged
• 1985-12-23Final Order Entered
• 1985-12-23Concluded
• 1989-09-23Enforcement Action Closed