EPA v. PERFORMANCE ABATEMENT SERVICES, INC.

Case summary

THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (U.S. EPA) IS TRANSMITTING TO THE DEPARTMENT OF JUSTICE A LITIGATION REPORT THAT DOCUMENTS VIOLATIONS OF THE NATIONAL EMISSION STANDARD FOR HAZARDOUS AIR POLLUTANTS FOR ASBESTOS ( ASBESTOS NESHAP ) AND THE CLEAN AIR ACT, 42 U.S.C. SECTION 7041 ET. SEQ. ( THE ACT ), BY PERFORMANCE ABATEMENT SERVICES , INC. ( PAC ), RUDOLPH / LIBBE ), INC. ( RUDOLPH/LIBBE ), AND PARKE DAVIS PHARMACEUTICAL RESEARCH DIVISION OF WARNER- LAMBERT COMPANY ( PARKE DAVIS ). SECTION 113(B) OF THE ACT AUTHORITY THE UNITED STATES TO INITIATE A CIVIL ACTION TO ABATE VIOLATIONS AND TO SEEK CIVIL PENALTIES. THE ENCLOSED LITIGATION REPORT DOCUMENTS VIOLATIONS OF THE ASBESTOS NESHAP, 40 C.F.R., PART 61, SUBPART M, WHICH OCCURRED DURING A RENOVATION OPERATION AT BUILDING 20 OWNED BY PARKE DAVIS. PAS WAS THE ASBESTOS REMOVAL CONTRACTOR, AND RUDOLPH /LIBBE WAS THE OVERSIGHT CONTRACTOR. ON MARCH 31, 1993, THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY , REGION 5, EASTERN DISTRICT OFFICE, NCSC ENVIRONMENTAL ENGINEER, INSPECTED BUILDING 20 IN ORDER TO DETERMINE COMPLIANCE WITH THE ASBESTOS NESHAP. THE INSPECTOR OBSERVED VIOLATIONS OF THE WORK PRACTICE REQUIREMENTS OF 40 C.F.R. SECTION 61.145. THE ASBESTOS NESHAP WAS PROMULGATED UNDER THE AUTHORITY OF SECTION 112 OF THE ACT, 42 U.S.C. SECTION 7412, AS IN EFFECT PRIOR TO THE CLEAN AIR ACT AMENDMENTS OF 1990. THE ASBESTOS NESHAP REGULATIONS REMAIN VALID PURSUANT TO SECTION 112 (Q) OF THE ACT, 42 U.S.C. SECTION 7412(Q). SECTION 112 OF THE ACT STATES THAT NO AIR POLLUTANT FOR WHICH A STANDARD EXISTS UNDER SECTION 112 BE EMITTED IN VIOLATION OF SUCH STANDARD. AS A RESULT, A VIOLATION OF THE ASBESTOS NESHAP IS A VIOLATION OF SECTION 112 OF THE ACT. VIOLATING SECTION 112 OF THE ACT VIOLATES A REQUIREMENT OF THE ACT AND SUBJECTS A PERSON TO ENFORCEMENT ACTION PURSUANT TO SECTION 113(B) OF THE ACT, 42 U.S.C. SECTION 7413(B). REGION 5 HAS SUMMARIZED THE EVIDENCE SUPPORTING THE VIOLATIONS IN THE ENCLOSED LITIGATION REPORT. THE CORE INFORMATION DOCUMENTS ARE LISTED AT THE CONCLUSION OF HTE LITIGATION REPORT, AND ARE ENCLOSED AS ATTACHMENT TO THE LITIGATION REPORT. WITNESSES ARE IDENTIFIED AT PAGE 18. REGION 5 'S PENALTY ANALYSIS FOR SETTLEMENT PURPOSES IS SET FORTH AT PAGE 9 OF THE LITIGATION REPORT. REGION 5 RECOMMENDS A BOTTOM-LINE SETTLEMENT OF $25,000.

Defendants (3)

• PARKE-DAVIS PHARMACEUTICAL RESEARCH DIV.Named in complaintNamed in settlement
• PERFORMANCE ABATEMENT SERVICES, INC.Named in complaintNamed in settlement
• RUDOLPH / LIBBE, INC.Named in complaintNamed in settlement

Facilities (1)

• PARKE DAVIS AND COMPANY

  2800 PLYMOUTH RD, ANN ARBOR, MI, 48105

  Registry ID: 110041981905

Statutes cited

• CAA 113 — Clean Air Act

Enforcement conclusions (1)

• PERFORMANCE ABATEMENT SERVICESentered 1995-10-30

  Primary law: CAA

  Federal penalty: $25,000

Timeline (7 milestones)

• 1993-10-01Enforcement Action Data Entered
• 1994-08-04Referred To Dept Of Justice
• 1995-08-09Complaint Filed With Court
• 1995-10-30Final Order Lodged
• 1995-10-30Final Order Entered
• 1995-10-30Concluded
• 1995-10-30Enforcement Action Closed