EPA v. CYTEC INDUSTRIES

Case summary

CYTEC INDUSTRIES, INC. (CYTEC), DECIDED THAT A SIGNIFICANT PART, IF NOT ALL, OF ITS MARIETTA, OHIO, FACILITY SHOULD BE DEMOLISHED. CYTEC HIRED MAR-PAR, INC. (MAR-PAR) TO CONDUCT THE NON-STRUCTURAL ASBESTOS ABATEMENT WORK PRIOR TO DEMOLITION. CYTEC HIRED R. BAKER AND SON ALL INDUSTRIAL SERVICES, INC. (BAKER) TO CONDUCT THE DEMOLITION AND ADDITIONAL ASBESTOS ABATEMENT; BAKER'S ASBESTOS ABATE- MENT CONTRACTORS WERE FARLEY ENVIRONMENTAL COMPANY , INC. (FARLEY) AND MOUNTAIN STATES CENTRAL,INC. (MOUNTAIN STATES). ALL OF THESE COMPANIES ARE PROPOSED DEFENDANTS TO THIS AC- TION. THE ASBESTOS ABATEMENT WORK TO BE PERFORMED BY FARLEY AND MOUNTAIN STATES INCLUDED THE REMOVAL OF TRANSITE PANELS FROM 2 BUILDINGS AT THE CYTEC FACILITY. ONE OF THE WORKERS CONDUCTING ASBESTOS ABATEMENT TASKS (BUT NOT DIRECTLY IN- VOLVED WITH REMOVAL OF THE PANELS) BECAME CONCERNED OVER THE METHODS EMPLOYED BY 2 OF HIS FELLOW WORKERS TO REMOVE THE TRANSITE, AND CONTACTED THE USEPA, WHOSE INVESTIGATION CONFIRMED THAT THE METHODS EMPLOYED VIOLATED THE WORK PRACTICE REQUIREMENTS OF THE ASBESTOS NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANT (NESHAP) PROMULGATED UNDER THE CAA. FURTHER INVESTIGATION REVEALED VIOLATIONS OF THE INSPECTION AND NOTICE REQUIREMENTS. IN 1995 CYTEC INDUSTRIES, INC. ( CYTEC ), DECIDED THAT A SIGNIFICANT PART, IF NOT ALL, OF ITS MARIETTE, OHIO FACILITY SHOULD BE DEMOLISHED. CYTEC HIRED MAR-PAR, INC,. ( MAR-PAR ) TO CONDUCT THE NON-STRUCTURAL ASBESTOS ABATE- MENT WORK PRIOR TO DEMOLITION. CYTEC HIRED R. BAKER AND SON ALL INDUSTRIAL SERVICES, INC. ( BAKER'S) TO CONDUCT THE DEMOLITION AND ADDITIONAL ASBESTOS ABATEMENT; BAKER'S ASBESTOS ABATEMENT CONTRACTORS WERE FARLEY ENVIRONMENTAL COMPANY, INC. ( FARLEY ) AND MOUNTAIN STATES CENTRAL, INC. ( MOUNTAIN STATES ). ALL OF THESE COMPANIES ARE PROPOSED DEFENDANTS TO THIS ACTION. THE ASBESTOS ABATEMENT WORK TO BE PERFORMED BY FARLEY AND MOUNTAIN STATES INCLUDED THE REMOVAL OF TRANSITE PANELS FROM TWO BUILDINGS AT THE CYTEC FACILITY. ONE OF THE WORKERS CONDUCTING ASBESTOS ABATEMENMT TASKS (BUT NOT DIRECTLY INVOLVED WITH REMOVAL OF THE TRANSITE PANELS) BECAME CON- CERNED OVER THE METHODS EMPLOYED BY TWO OF HIS FELLOW WORKERS TO REMOVE THE TRANSITE, AND CONTACTED THE UNITED STATES ENVIRONMENTAL PROTECTION AGANCY ( U.S. EPA ). U.S. EPA'S INVESTIGATION CONFIRMED THAT THE METHODS EMPLOYED TO REMOVE THE TRANSITE PANELS VIOLATED THE WORK PRACTICE RE- QUIREMENTS OF THE ASBESTOS NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANT ( NESHAP ) PROMULGATED UNDER THE CLEAN AIR ACT. FURTHER INVESTIGATION REVEALED VIOLATIONS OF THE INSPECTION AND NOTICE REQUIREMENTS.

Defendants (5)

• CYTEC INDUSTRIESNamed in settlement
• FARLEY ENVIRONMENTAL COMPANYNamed in settlement
• MAR-PARNamed in settlement
• MOUNTAIN STATES CENTRALNamed in settlement
• R. BAKER AND SONNamed in settlement

Facilities (1)

• CYTEC INDUSTRIES INCORPORATED

  1405 GREENE ST, MARIETTA, OH, 45750

  Registry ID: 110000617057

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• CYTEC INDUSTRIESentered 1998-12-22

  Primary law: CAA

  Federal penalty: $225,653

Timeline (7 milestones)

• 1997-09-30Referred To Dept Of Justice
• 1997-10-23Enforcement Action Data Entered
• 1998-10-05Final Order Lodged
• 1998-10-05Complaint Filed With Court
• 1998-12-22Final Order Entered
• 1998-12-23Concluded
• 1998-12-23Enforcement Action Closed