EPA v. GARY STEEL PRODUCTS CORPORATION

Case summary

GARY STEEL PRODUCTS CORP AND PURCELL MCQUEEN VIOLATED THE CAA, 42 U.S.C. SECTIONS 7401 ET SEQ. AND THE NATIONAL EMIS- SION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (NESHAP), 40 CFR PART 61, PROMULGATED THEREUNDER, SEPCIFICALLY SUBPART M, THE NATIONAL EMISSION STANDARD FOR ASBESTOS. THE ASBESTOS NESHAP REQUIRES ADEQUATE PRIOR WRITTEN NOTICE AND PROPER WORK PRACTICES FOR RENOVATIONS INVOLVING FRIABLE ASBESTOS MATERIAL. DEFENDANTS ALSO VIOLATED THE CERCLA 42 U.S.C. SECTIONS ET SEQ. AND THE REGULATIONS AT 40 C.F.R. SECTION 302.6, WHICH REQUIRE THE REPORTING OF A RELEASE OF A HAZARD- OUS SUBSTANCE, IN ANY 24 HOUR PERIOD, TO THE NATIONAL RESPONSE CENTER IN WASHINGTON, D.C. - THIS REFERRAL IS BASED ON 3 NESHAP VIOLATIONS AND 1 CERCLA VIOLATION DISCOVERED DURING THE FOLLOWING INSPECTIONS: 11/7/89 AT THE CARY STEEL PRODUCTS CORP FACILITY & 10/6/89 AT THE 9TH AND CLINE AVENUE SITE. ON 11/28/90, THE U.S. EPA ISSUED A FINDING OF VIOLATION TO GARY STEEL PRODUCTS CORP OUTLINING THE NESHAPS VIOLATIONS. AN INFORMAL SETTLEMENT CONFERENCE WITH THE COMPANY WAS HELD ON 12/17/90. SINCE THE AGENCY WAS UNAWARE OF MCQUEEN'S IDENTITY AT THE TIME THE FOV WAS ISSUED TO GARY STEEL, A FINDING A VIOLATION WAS NOT SENT TO PURCELL MCQUEEN. GARY STEEL PRODUCTS CO. AND PURCELL MCQUEEN CONDUCTED A RE NOVATION OF ASBESTOS MATERIAL FROM SEPT. 30, 1989, TO OCT. 1, 1989, DURING WHICH THE DEFENDANTS ALLEGEDLY DISREGARDED ASBESTOS NESHAP REGULATIONS. PURCELL MCQUEEN DUMPED THE AS- BESTOS-CONTAINING MATERIAL COLLECTED DURING THE RENOVATION ACTIVITY IN A VACANT LOT IN GARY, IN., THEREBY RELEASING FRI ABLE ASBESTOS INTO THE ENVIRONMENT. THIS LED TO THE INCLU- SION OF CERCLA AND EPCRA COUNTS FOR THE RELEASE OF HAZARDOUS SUBSTANCE INTO THE ENVIRONMENT.

Defendants (2)

• GARY STEEL PRODUCTS CORP.Named in complaintNamed in settlement
• MCQUEEN, PURCELLNamed in complaintNamed in settlement

Facilities (1)

• GARY STEEL PRODUCTS CORPORATION

  2700 E 5TH AVE, GARY, IN, 46402

  Registry ID: 110001963073

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• EPCRA 304 — Emergency Release Notification Section 313 Program
• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• GARY STEEL PRODUCTS CORPORATIOentered 1993-12-21

  Primary law: CAA

  Federal penalty: $155,000

Timeline (7 milestones)

• 1991-01-01Enforcement Action Data Entered
• 1991-03-28Referred To Dept Of Justice
• 1991-12-31Complaint Filed With Court
• 1993-12-21Concluded
• 1993-12-21Final Order Lodged
• 1993-12-21Final Order Entered
• 1994-12-19Enforcement Action Closed