EPA v. CUYAHOGA WRECKING CORPORATION

Case summary

ABBREVIATED REFERRAL IN UNITED STATES V. CUYAHOGA WRECKING CORPORATION NATURE OF THE CASE AND DESCRIPTION OF DEFENDANT THE CASE INVOLVES A VIOLATION OF THE NATIONAL EMISSION STANDARDS FOR HAZARDOUS POLLUTANTS (NESHAPS) NOTIFICATION REQUIREMENT CONTAINED AT 40 C.F.R. 61.146. CUYAHOGA WRECKING CORPORATION IS AN ILLINOIS CORPORATION ENGAGED IN THE BUSINESS OF DEMOLITION AND RENOVATION. IT IS CURRENTLY WORKING ON A DEMOLITION PROJECT LOCATED AT 10 SOUTH LASALLE STREET, CHICAGO, ILLINOIS, VALUED AT OVER $200,000. ON APRIL 27, 1984, U.S. ENVIRONMENTAL PROTECTION AGENCY (U.S. EPA) INSPECTED THE COMMERCIAL BUILDING LOCATED AT 10 SOUTH LASALLE STREET AND OBSERVED DEMOLITION. THE COMPANY HAD FAILED TO PROVIDE WRITTEN NOTIFICATION TO EITHER U.S. EPA OR ILLINOIS ENVIRONMENTAL PROTECTION AGENCY (IEPA) (TO WHOM ENFORCEMENT ARTHORITY HAS BEEN DELEGATED). ON THE DATE OF INSPECTION, ASBESTOS REMOVAL WAS OBSERVED. THE RE- MOVAL PROCEDURES UTILIZED COMPLIED WITH THE SUBSTANTIVE NESHAP'S STANDARDS. DUE TO INFORMATION SUPPLIED BY THE U.S. EPA INSPECTOR, CUYAHOGA SUBMITTED WRITTEN NOTIFICATION TO IEPA BY LETTER DATED MAY 8, 1984. CAUSE OF ACTION AND STATUTORY BACKGROUND PURSUANT TO THE CLEAN AIR ACT, AS AMENDED, 42 U.S.C. SECTION 7401, ET SEQ., THE ADMINISTRATOR OF U.S. EPA WAS REQUIRED BY SECTION 112 TO PUBLISH A LIST OF POLLUTANTS CONSIDERED TO BE HAZARDOUS. AMONG THE FIRST POLLUTANTS SO DESIGNATED WAS ASBESTOS, 36 FED. REG. 5931 (MARCH 31, 1971). BASED UPON THE STATUTORY SCHEME, INITIAL REGULATIONS CONCERNING ASBESTOS WERE PROMULGATED IN 1973, 38 FED. REG. 8826 (APRIL 6, 1973), AND FURTHER REGULATIONS WERE PROMUL- GATED IN 1975, 40 FED. REG. 48299 (OCTOBER 14, 1975). THE ASBESTOS STANDARD AS A WHOLE WAS REPROMULGATED IN 1984, 49 FED. REG. 13658 (APRIL 5, 1984), IN RESPONSE TO THE DECISION OF THE UNITED STATES SUPREME COURT IN ADAMO WRECK- ING CO. V. UNITED STATES, 434 U.S. 275 (1978). IT IS CURRENTLY RECODIFIED AS 40 C.F.R. 61.140, ET.SEQ. (1984). SECTION 61.146 OF TITLE 40, CODE OF FEDERAL REGULA- TIONS, REQUIRES THE OWNER OR OPERATOR OF A DEMOLITION OR RENOVATION OPERATION TO PROVIDE THE ADMINISTRATOR WITH WRITTEN NOTICE OF INTENTION TO DEMOLISH OR RENOVATE. THE AMOUNT AND TYPE OF INFORMATION AND TIME PERIOD OF NOTIFICA- TION ARE BASED UPON THE AMOUNT OF FRIABLE ASBESTOS MATERIAL IN THE FACILITY, AND THESE CLASSIFICATIONS ARE SET FORTH IN 40 C.F.R. SECTION 61.145. THE FAILURE TO NOTIFY OF INTENT TO DEMOLISH IS A VIO- LATION OF 40 C.F.R. SECTION 61.146 AND SECTIONS 112(C) AND 114 OF THE CLAIN AIR ACT (THE ACT), 42 U.S.C. SECTIONS 7412, 7414. U.S. EPA MAY BRING SUIT TO PERMANENTLY ENJOIN SUCH VIOLATIONS AND RECOVER CIVIL PENALTIES UNDER SECTION 113(B) OF THE ACT, 42 U.S.C. SECTION 7413(B). VIOLATION AND EVIDENCE OF VIOLATION AS STATED ABOVE, A U.S. EPA, REGION V, INSPECTOR, AIR COMPLIANCE BRANCH, ENGINEER BRUCE VARNER, OBSERVED DEMOLI- TION AND ASBESTOS REMOVAL ON APRIL 27, 1984. AS OF THAT DATE, NEITHER THE STATE AGENCY NOR U.S. EPA WAS IN RECEIPT OF NOTIFICATION OF INTENTION TO DEMOLISH. SUBSEQUENT TO THE INSPECTION, CUYAHOGA SUBMITTED A NOTICE TO IEPA STATING THAT DEMOLITION WAS SCHEDULED TO BEGIN APRIL 1, 1984, AND WAS SCHEDULED TO COMPLETED JULY 1, 1984. AS THE SITE CONTAINED FRIABLE ASBESTOS MATERIAL ON AT LEAST 80 LINEAR METERS OF PIPE OF 15 SQUARRE METERS OF OTHER FACILITY COMPONENTS, PURSUANT TO 40 C.F.R. SECTION 61.146 (B)(1), TEN (10) DAYS WRITTEN NOTICE WAS REQUIRED. PROPOSED REMEDY AND SETTLEMENT BEGINNING WITH THE SECTION 113 CONFERENCE HELD SHORTLY AFTER ISSUANCE OF THE FINDING OF VI

Defendants (1)

• CUYAHOGA WRECKING CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• CUYAHOGA WRECKING DEMO SITE

  10 S LA SALLE ST, CHICAGO, IL, 60603

  Registry ID: 110010735650

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• CUYAHOGA WRECKING CORP.entered 1986-05-19

  Primary law: CAA

  Federal penalty: $3,500

Timeline (11 milestones)

• 1984-11-29Enforcement Action Data Entered
• 1985-03-29Referred To Headquarters
• 1985-04-18Returned To Region
• 1985-11-29Rereferred
• 1985-12-20Referred To Dept Of Justice
• 1986-02-03Referred TO U.S. Attorney
• 1986-05-01Complaint Filed With Court
• 1986-05-19Final Order Lodged
• 1986-05-19Final Order Entered
• 1986-05-19Concluded
• 1987-05-16Enforcement Action Closed