EPA v. BRAND REMEDIATION SERVICES, INC.

Case summary

BISCRAFT OF OHIO, INC., AND THE GLIDDEN COMPANY, INC., CLEVELAND, OHIO HAVE VIOLATED THE NATIONAL EMISSION STANDARD FOR ASBESTOS, 40 C.F.R. PART 61, SUBPART M, AND THE CLEAN AIR ACT, 42 U.S.C. SECTION 7401, ET SEQ.. THE ASBESTOS NESHAP REQUIRES A DESCRIPTION OF THE METHODS OF REMOVAL BE GIVEN TO U.S. EPA IN A WRITTEN NOTICE AND ADHERENCE TO PROPER WORK PRACTICES FOR RENOVATIONS INVOLVING REGULATED ASBESTOS-CONTAINING MATERIAL. THIS REFERRAL IS BASED ON INSPECTIONS PERFORMED BY THE U.S.EPA ON 11/8/90, & 11/26/90, AND ON A SWORN INTERVIEW OF THE PROJECT SUPERINTENDENT, CONDUCTED ON 6/12/92. THE INSPECTION REPORT FOR 11/26/90, NOTES A WORK PRACTICE VIOLATION. THE TRANSCRIPT OF THE SWORN INTERVIEW REVEALS THE NOTICE VIOLATIONS. ON 11/8/90, USEPA INSPECTORS VISITED A MANUFACTURING FACILITY OWNED BY THE GLIDDEN CO, TO VERIFY COMPLIANCE WITH THE ASBESTOS NESHAP. THE ASBESTOS REMOVAL WAS BEING PERFORMED BY BISCRAFT OF OHIO. THE INSPECTION WAS UNABLE TO BE COMPLETED DUE TO A FIRE AT THE ABATEMENT SITE. REMOVAL WORK WAS STOPPED BY GLIDDEN UNTIL AN INVESTIGATION INTO THE CIRCUMSTANCES RELATED TO THE FIRE COULD BE CONDUCTED. ON 11/26/90, USEPA INSPECTORS RETURNED TO THE FACILITY TO CONCLUDE THE INSPECTION STARTED ON 11/8/90. THE INSPECTORS OBSERVED DRY FRIABLE MATERIAL ON THE GROUND AND ON SCAFFOLDING IN THE ABATEMENT AREA. THEY ALSO OBSERVED AN OPEN BAG NEXT TO THE COMPONENT FROM WHICH THE ASBESTOS HAD JUST BEEN REMOVED. AS AN INSPECTOR APPROACHED THE WASTE BAG, HE WAS WARNED BY A BISCRAFT ABATEMENT WORKER THAT THE BAG CONTAINED DRY ASBESTOS. THE ABATEMENT WORKER THEN OFFER TO WET THE MATERIALS IN THE WASTE BAG. SAMPLES TAKEN FROM THE WASTE BAG CONFIRMED THAT THE MATERIAL CONTAINED ASBESTOS. ON 6/12/92, MR. D. LEE SHANER, PROJECT MANAGER FOR BISCRAFT AT THE GLIDDEN FACILITY GAVE A SWORN STATEMENT PURSUANT TO AN ADMINISTRATIVE SUBPOENA ISSUED UNDER THE AUTHORITY OF SECTION 307(A) OF THE CAA. DURING THE INTERVIEW, MR. SHANER ADMITTED THAT THE MATERIALS IN THE WASTE BAG WERE NOT ADEQUATELY WETTED. MR. SHANER ALSO ADMITTED THAT THE METHODS OF REMOVAL PROVIDED BY BISCRAFT N ITS ASBESTOS DEMOLITION AND RENOVATION NOTIFICATION FORMS DID NOT REFLECT THE ACTIVITIES THAT OCCURRED AT THE FACILITY. REGION 5 SEEKS TO PERMANENTLAY ENJOIN DEFS FROM FURTHER VIOLATIONS OF THE ASBESTOS NESHAP AND TO COLLECT FORM DEFS A CIVIL PENALTY OF AT LEAST $5400.

Defendants (2)

• BISCRAFT OF OHIONamed in complaintNamed in settlement
• THE GLIDDEN COMPANYNamed in complaintNamed in settlement

Facilities (1)

• BISCRAFT OF OHIO

  5908 MAYFAIR RD NW, NORTH CANTON, OH, 44720

  Registry ID: 110010728338

Statutes cited

• CAA 113 — Clean Air Act

Enforcement conclusions (1)

• BISCRAFT, INC.entered 1995-02-14

  Primary law: CAA

  Federal penalty: $12,420

Timeline (7 milestones)

• 1991-10-07Enforcement Action Data Entered
• 1992-09-04Referred To Dept Of Justice
• 1994-11-22Complaint Filed With Court
• 1995-02-14Concluded
• 1995-02-14Final Order Lodged
• 1995-02-14Final Order Entered
• 1995-02-27Enforcement Action Closed