EPA v. IL. ASBESTOS CNTL, INC & RUBLOFF, INC.

Case summary

THE ABOVE REFERENCED COMPANIES HAVE VIOLATED SECT 112 OF THE CLEAN AIR ACT, 42 USC 7412 AND HAVE FAILED TO COMPLY W/ 40 CFR SECTS 61.146 AND 147. THE REGULATIONS ARE PART OF THE ASBESTOS NAT'L EMISSION STANDARDS FOR HAZARDOUS AIR POL- LUTANTS (NESHAP) WHICH REQUIRE ADEQUATE WRITTEN NOTICE AND PROPER WORK PRACTICES FOR RENOVATIONS INVOLVING FRIABLE AS- BESTOS MATERIAL. THIS REFERRAL IS BASED ON INSPECTIONS CONDUCTED BY THE U.S EPA CENTRAL DISTRICT OFFICE ( CDO ), REGION V, OF AN ASBES- TOS RENOVATION OPERATION OBSERVED BY A CDO INSPECTOR ON JUNE 7, 1988. IL. ASBESTOS CONTROL, INC. ( IAC ), AN ASBESTOS RE MOVAL COMPANY, DID NOT SUBMIT A COMPLETE AND ACCURATE NOTIFI CATION OF INTENT TO RENOVATE IN VIOLATION OF 40 CFR S61.146C AND DID NOT FOLLOW PROPER WORK PRACTICES BEFORE AND DURING THE REMOVAL OF FRIABLE ASBESTOS MATERIAL, IN VIOLATION OF 40 CFR S61.147. REGION V SEEKS TO PERMANENTLY ENJOIN IAC AND RUBLOFF INC., ( RUBLOFF ) THE BUILDING MANAGER, FROM FURTHER VIOLATIONS OF THE NESHAP REGULATIONS AND SEEKS A CIVIL PENALTY OF AT LEAST $17,886. FINDINGS OF VIOLATION (FOV) WERE ISSUED TO IAC AND RUBLOFF ON JANUARY 24, 1989. IN RESPONSE TO THE FOVS, ENFORCEMENT CONFERENCES WERE HELD BETWEEN USEPA AND IAC ON FEBRUARY 15, 1989, AND WITH RUBLOFF ON MARCH 10, 1989, TO DISCUSS THE VIO LATIONS. MEETINGS TO DISCUSS SETTLEMENT OF THIS MATTER WERE ALSO HELD BETWEEN THE REGION AND IAC ON MAY 22, AND RUBLOFF ON MAY 24, 1989. THIS CASE IS SIGNIFICANT BECAUSE IAC IS A COMPANY THAT PER FORMS ASBESTOS REMOVAL OPERATIONS IN THE CHICAGO AREA AND THAT HAS BLATANTLY VIOLATED THE ASBESTOS RENOVATION NOTIFICA TION AND WORK PRACTICE STANDARDS. MOREOVER, RUBLOFF MANAGES OVER 200 APARTMENT AND COMMERCIAL BUILDINGS IN THE CHICAGO AREA, WHICH MAY POTENTIALLY NECESSITATE RENOVATION WORK.

Defendants (2)

• IL ASBESTOS CONTROLNamed in complaintNamed in settlement
• RUBLOFF, INC.Named in complaintNamed in settlement

Facilities (1)

• 500 N MICHIGAN AVE LP

  500 N MICHIGAN AVE, CHICAGO, IL, 60611

  Registry ID: 110018115911

Statutes cited

• CAA 112 — Hazardous Air Pollutants
• CAA 113 — Clean Air Act

Enforcement conclusions (2)

• ILLINOIS ASBESTOS CONTROLentered 1990-07-02

  Primary law: CAA

  Federal penalty: $30,000

• IL. ASBESTOS CONTROL & RUBLOFFentered 1990-11-26

  Primary law: CAA

Timeline (7 milestones)

• 1989-03-22Enforcement Action Data Entered
• 1989-06-26Referred To Dept Of Justice
• 1989-08-22Complaint Filed With Court
• 1990-11-26Final Order Lodged
• 1990-11-26Final Order Entered
• 1990-11-26Concluded
• 1992-02-02Enforcement Action Closed