EPA v. CABOT CORP/HOTCO - CANAL PLANT

Case summary

NATURE OF THE CASE CABOT CORPORATION OWNS AND OPERATES A FURNACE PROCESS CARBON BLACK FACILITY IN ST. MARY PARISH NEAR CENTERVILLE, LA. CABOT & ITS CONTRACTOR, HOTCO INSULATION OF FRANKLIN LA., CONDUCTED A RENOVATION PROJECT TO REMOVE INSULATION FROM AN OVERHEAD PIPE RACK. THE PROJECT WAS SUBJECT TO THE REQURIEMENTS OF THE NAT'L EMISSION STANDARDS FOR THE HAZAR- DOUS AIR POLLUTANT ASBESTOS. REGION VI REQUESTS CIVIL SUIT FOR PENALTIES AND INJUNCTIVE RELIEF PURSUANT TO SECTION 113B OF THE CAA FOR FAILURE TO COMPLY WITH THOSE REQUIREMENTS. CAUSE OF ACTION DURING AN INSPECTION BY THE STATE OF LA AND EPA ON 3/8/83, INSPECTORS OBSERVED A RENOVATION PROJECT INVOLVING REMOVAL OF APPARENT ASBESTOS-CONTAINING MATERIAL FROM AN OVERHEAD PIPE RACK. CABOT HAD FAILED TO SUBMIT THE REQUIRED NOTICE OF ITS INTENTION TO RENOVATE PRIOR TO COMMENCEMENT OF THE PROJECT. CABOT AND ITS CONTRACTOR ALSO FAILED TO WET THE FRIABLE ASBESTOS DURING THE STRIPPING OPERATION. IN A 1978 CASE, THE SUPREME COURT HELD THAT PARTS OF THE ASBESTOS NESHAP IN THE FORM OF WORK-PRACTICE STANDARDS WERE NOT EMISSION STANDARDS WITHIN THE MEANING OF SECTION 112. ?ADAMO WRECKING CO. V. US, 434 U.S. 275 (1978)! CABOT AND HOTCO ARE BEING CITED ONLY FOR PROVISIONS OF THE REGULATION WHICH WERE NOT AFFECTED BY THE ADAMO CASE, OR WHICH WERE REPROMULGATED AFTER THE 1977 AMENDMENTS TO THE CAA. JUSTIFICATION ASBESTOS IS A CARCINOGEN & ALSO CAUSES OTHER DISEASES OF THE LUNGS. FAILURE TO FOLLOW THE ASBESTOS NESHAP IS CON- SIDERED SERIOUS & SHOULD BE ADDRESSED BY ENFORCEMENT ACTION.

Defendants (2)

• CABOT CORP.Named in complaintNamed in settlement
• HOTCO INSULATIONNamed in complaintNamed in settlement

Facilities (1)

• CABOT CORP CANAL PLT

  272 CABOT LANE & HWY 317, CENTERVILLE, LA, 70522

  Registry ID: 110012818442

Statutes cited

• CAA 112 — Hazardous Air Pollutants
• CAA 114 — Record keeping, Inspection, Information Request
• CAA 113 — Clean Air Act

Enforcement conclusions (1)

• CABOT CORP & HOTCO INSUL COentered 1985-09-18

  Primary law: CAA

  Federal penalty: $10,500

Timeline (8 milestones)

• 1983-12-29Referred To Headquarters
• 1984-01-18Referred To Dept Of Justice
• 1984-03-02Referred TO U.S. Attorney
• 1984-03-20Complaint Filed With Court
• 1985-09-18Final Order Lodged
• 1985-09-18Final Order Entered
• 1985-09-18Concluded
• 1989-03-21Enforcement Action Closed