EPA v. N.E. WALSH CONSTRUCTION

Case summary

THE ABOVE-REFERENCED COMPANY HAS VIOLATED THE CLEAN AIR ACT, 42 U.S.C. SECTIONS 7401 ET SEQ. AND THE NATIONAL EMISSIONS STANDARD FOR HAZARDOUS AIR POLLUTANTS (NESHAP), 40 C.F.R. PART 61, PROMULGATED THEREUNDER, SEPCIFICALLY SUBPART M, NATIONAL EMISSIONS STANDARD FOR ASBESTOS. THE ASBESTOS NESHAP REQUIRES PROPER WORK PRACTICES FOR RENOVATIONS INVOLV ING FRIABLE ASBESTOS MATERIAL. - THIS REFERRAL IS BASED ON INSPECTIONS CONDUCTED BY THE EAST- ERN DISTRICT OFFICE, U.S.EPA WESTLAKE, OH, OF AN ASBESTOS RENOVATION OPERATION WHICH STATRTED IN APRIL 1988, AT MARTING HALL, BALDWIN WALLACE COLLEGE. DURING AN INSPECTION CONDUCTED ON JUNE 9, 1988, N.E. WALSH CONSTRUCTION CO. INC. N.E. WALSH WAS IDENTIFIED AS THE OPERATOR OF THE RENOVA- TION ACTIVITY. N.E. WALSH DID NOT OBSERVE THE WORK PRACTICE STANDARDS WHEN REMVOING FRIABLE ASBESTOS MATERIAL FROM THE FACILITY, IN VIOLATION OF 40 C.F.R. SECTIONS 61.147. - ON DECEMBER 7, 1988, A FINDING OF VIOLATION, DOCKET NUMBER 5-89-A15, WAS ISSUED AFTER SAMPLES TAKEN BY THE INSPECTOR IDENTIFIED THE PRESENCE OF ASBESTOS IN MATERIAL WHICH WAS BEING REMOVED WITHOUT BEING WETTED. TWO INFORMAL CON- FERENCES WERE HELD WITH THE COMPANY ON JANUARY 27, 1989, AND APRIL 20, 1989. - REGION V SEEKS A CIVIL PENALTY OF AT LEAST $25,000. THIS CASE IS SIGNIFICANT BECAUSE N.E. WALSH INTENTIONALLY VIO- LATED THE WORK PRACTICE STANDARD OF THE ASBESTO NESHAP BY RE MOVING ASBESTOS-CONTAINING MATERIAL WHILE IT WAS DRY, AFTER REPRESENTING ON THE ASBESTOS RENOVATION NOTICE FORM THAT ALL MATERIAL WOULD BE PROPERLY WETTED PRIOR TO REMOVAL. N.E. WALSH IS A MAJOR ASBESTOS ABATEMENT CONTRACTOR IN OHIO. TIM WALSH, A PRINCIPAL OF N.E. WALSH, TEACHES ASBESTOS ABATE MENT TECHNIQUES.

Defendants (1)

• N.E. WALSH CONSTRUCTION COMPANY, INC.Named in complaintNamed in settlement

Facilities (1)

• BALDWIN WALLACE COLLEGE CHEM DEPT

  275 EASTLAND RD, BEREA, OH, 44017

  Registry ID: 110026406020

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• N.E. WALSH CONSTRUCTIONentered 1992-12-30

  Primary law: CAA

  Federal penalty: $30,000

Timeline (7 milestones)

• 1988-11-15Enforcement Action Data Entered
• 1989-06-27Referred To Dept Of Justice
• 1989-08-22Complaint Filed With Court
• 1992-12-30Concluded
• 1992-12-30Enforcement Action Closed
• 1992-12-30Final Order Lodged
• 1992-12-30Final Order Entered