EPA v. R.C.A. RUBBER CO., INC.

Case summary

NATURE OF THE CASE IN ITS AKRON, OHIO, FACILITY, RCA MANUFACTURES RUBBER FLOORING. THE COMPANY UTILIZES ASBESTOS AS AN INGREDIENT IN THE RUBBER MIX USED TO MANUFACTURE THE FLOORING. DURING THE MANUFACTURING PROCESS, DUST CONTAINING ASBESTOS IS COLLECTED BY CONTROL DEVICES. DURING SEVERAL INSPECTIONS, VISIBLE EMISSIONS OF ASBESTOS TO THE OUTSIDE AIR HAVE BEEN OBSERVED BOTH DURING THE MANUFACURING PROCESS AND THE WASTE REMOVAL PROCESS. CAUSE OF ACTION 40 CFR 61.22(C)(8)(1983) PROHIBITS VISIBLE EMISSIONS OF ASBESTOS, BY A MANUFACTURER SUBJECT TO THE STANDARD, DURING THE MANUFACTURING PROCESS. 40 CFR 61.22(J)(1)(1983) PRO- HIBITS VISIBLE EMISSIONS OF ASBESTOS BY A MANUFACTURER SUB- JECT TO THE STANDARD DURING THE PROCESS OF REMOVING WASTE. FURTHERMORE, 40 CFR 61.10 AND 61.24 (1983) REQUIRE PARTIES SUBJECT TO THE ASBESTOS STANDARD TO REPORT SAME AND SUBMIT CERTAIN DATA TO THE ADMINISTRATOR. THESE REGULATIONS ARE ENFORCEABLE. THEY WERE PROMULGATED UNDER THE AUTHORITY OF SECTION 112 OF THE CLEAN AIR ACT. ANY VIOLATION OF THE REGULATION IS A VIOLATION OF SECTION 112(C) AND CAN BE SUB- JECT TO AN ENFORCEMENT ACTION BROUGHT PURSUANT TO SECTION 113(B). UNDER SECTION 113(B), U.S. EPA SEEKS IMMEDIATE COMPLIANCE AND PENALTIES UP TO $25,000 PER DAY. PROPOSED REMEDY TO ACHIEVE COMPLIANCE WITH THESE REGULATIONS, RCA MUST ADHERE TO RECENTLY ISSUED OPERATING PROCEDURES CONCERNING ITS PANGBORN BAGHOUSE, MODIFY OR REPLACE ITS TORIT CYCLONE, AND MUST INSTITUTE NEW AND ADEQUATE OPERATING PROCEDURES WITH RESPECT TO ALL ASBESTOS-CONTAINING WASTE. IN ADDITION, REGION V RECOMMENDS A PENALTY FOR SETTLEMENT PURPOSES OF NOT LESS THAN $155,000. ISSUES OF NATIONAL SIGNIFICANCE NONE.

Defendants (1)

• R.C.A. RUBBER COMPANYNamed in complaintNamed in settlement

Facilities (1)

• RCA RUBBER COMPANY

  1833 E. MARKET ST., AKRON, OH, 443050240

  Registry ID: 110000389286

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• R.C.A. RUBBER COMPANYentered 1985-10-03

  Primary law: CAA

  Federal penalty: $150,000

Timeline (8 milestones)

• 1984-06-29Referred To Headquarters
• 1984-07-23Referred To Dept Of Justice
• 1984-09-19Referred TO U.S. Attorney
• 1985-06-27Complaint Filed With Court
• 1985-10-03Final Order Lodged
• 1985-10-03Final Order Entered
• 1985-10-03Concluded
• 1985-12-31Enforcement Action Closed