EPA v. ALLOYD ASBESTOS ABATEMENT CO.

Case summary

RECOMMENDATION TO ISSUE FINDING OF VIOLATION (FOV). THE COMPANY IS IN VIOLATION OF 40CFR S61.146C, WHICH REQUIRES THAT A WRITTEN NOTICE FOR DEMOLITIONS AND RENOVATIONS INVOL- VING FRIABLE ASBESTOS MATERIAL CONTAIN CERTAIN INFORMATION, 40CFR S61.147C, WHICH REQUIRES THAT FRIABLE ASBESTOS - CON- TAINING MATERIALS BE ADEQUATELY WETTED WHEN THEY ARE BEING REMOVED FROM FACILITY COMPONENTS AND 40CFR S61.147EI, WHICH REQUIRES THAT THE REMOVED OR STRIPPED FRIABLE ASBESTOS - CON TAINING MATERIAL BE ADEQUATELY WETTED TO ENSURE THAT THEY RE MAIN WET UNTIL COLLECTED FOR DISPOSAL. ************************************************************ THE ABOVE REFERENCED DEFENDANTS HAVE VIOLATED SECTION 112 OF THE CAA, 42 U.S.C. SECTION 7412 AND HAVE FAILED TO COMPLY WITH 40 C.F.R. SECTIONS 61.146 AND 61.147. THE REGULATIONS ARE PART OF THE ASBESTOS NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS(NESHAP) WHICH REQUIRE ADEQUATE PRIOR WRITTEN NOTICE AND PROPER WORK PRACTICES FOR DEMOLI- TIONS AND RENOVATIONS INVOLVING FRIABLE ASBESTOS MATERIAL. THIS REFERRAL IS BASED ON INSPECTIONS OF 4 ASBESTOS DEMOLI- TION/RENOVATION OPERATIONS CONDUCTED IN DAYTON, OHIO, SPRINGFILED, OHIO AND COLUMBUS. WHILE THE 4 FACILITIES HAVE 3 DIFFERENT OWNERS AND 2 DIFFERENT GENERAL DEMOLITION CON- TRACTORS, ALL SUBJECT TO LIABILITY, ALLOYD ASBESTOS ABATE- MENT CO., WAS THE ASBESTOS ABATEMENT COMPANY WHICH CONDUCTED THE ASBESTOS REMOVAL AT ALL 4 FACILITIES. - REGION V SEEKS TO PERMANENTLY ENJOIN THE DEFENDANTS FROM FURTHER VIOLATIONS OF THE NESHAP REGULATIONS AND SEEKS A CIVIL PENALTY. - THIS CASE IS SIGNIFICANT BECAUSE ALLOYD, A COMPANY WHICH PERFORMS DEMOLITION OPERATIONS IN INDIANA, OHIO, AND WEST VIRGINIA, HAS BLATANTLY VIOLATED THE ASBESTOS DEMOLITION WORK PRACTICE STANDARDS AND CONTRACTS TO REMOVE ONLY VISIBLE ASBESTOS MATERIAL IN CONTRAVENTION OF THE REGULATORY REQUIRE MENT THAT ALL ASBESTOS MATERIAL MUST BE REMOVED PRIOR TO DEMOLITION.

Defendants (6)

• OHIO STATE UNIVERSITYNamed in complaintNamed in settlement
• STEVE R. RAUCH, INC.
• ALLOYD ASBESTOS ABATEMENT CO.Named in complaintNamed in settlement
• BEERMAN REALTY COMPANYNamed in complaintNamed in settlement
• GENERAL CONTRACTING COMPANYNamed in complaintNamed in settlement
• SPRINGFIELD FAMILY YMCANamed in complaintNamed in settlement

Facilities (1)

• ALLOYD ASBESTOS ABATEMENT CO

  5734 WEBSTER ST, DAYTON, OH, 45414

  Registry ID: 110010738112

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (3)

• ALLOYD ASBESTOS ABATEMENTentered 1995-02-01

  Primary law: CAA

• SPRINGFIELD FAMILY YMCA/ALLOYDentered 1993-09-29

  Primary law: CAA

  Federal penalty: $74,500

• BEERMAN REALTY COMPANY/ALLOYDentered 1993-10-22

  Primary law: CAA

Timeline (8 milestones)

• 1990-09-04Enforcement Action Data Entered
• 1990-09-26Referred To Dept Of Justice
• 1991-03-01Referred TO U.S. Attorney
• 1991-03-11Complaint Filed With Court
• 1995-02-01Final Order Lodged
• 1995-02-01Final Order Entered
• 1995-02-01Concluded
• 1997-03-27Enforcement Action Closed