EPA v. CUSTOM INSULATION, INC., HOT SPRINGS, ARK.

Case summary

DATA SHEET: * THE VIOLATIONS UPON WHICH THE ACTION IS BASED: DURING THE DECEMBER 4, 1987 INSPECTION OF GARLAND TOWERS CONDUCTED BY ARK DEPT OF POLLUTION CONTROL AND ECOLOGY, CUSTOM INSULATION VIOLATED THE ASBESTOS NESHAP REGULATIONS DURING A RENOVATION OPERATION AS REQUIRED BY 40 CFR 61.147 (E) (1), 61.147 (E) (2), AND 61.152 (B) (1) (III). * RECENT CONTACTS WITH DEFENDANTS: REGION VI HAS HAD NO CONTACT WITH DEFENDANTS. * DATES OF INSPECTIONS, INFORMATION REQUESTS, OR RECEIPT OF EVIDENCE THAT LED TO DECISION TO INITIATE ENFORCEMENT ACTION: ADPC&E INSPECTION - DECEMBER 3, 1987. ADPC&E MEMORANDUM REQUESTING LEGAL ACTION - JANUARY 4, 1988. DATE TECHNICAL SUPPORT DOCUMENTS FROM PROGRAM NECESSARY FOR PREPARATION OF REFERRAL REACHED REGIONAL COUNSEL'S OFFICE: APRIL 21, 1988. * DATE REFERRAL SIGNED BY RA: JUNE 17, 1988. * SYNOPSIS OF CASE: * CUSTOM INSULATION, INC. (CUSTOM) IS A RESIDENTIAL AND COM- MERCIAL INSULATING CONTRACTOR LOCATED IN PINE BLUFF, ARK. DURING NOV 1987, CUSTOM CONTRACTED WITH WORLEY PLUMBING CO. TO REMOVE ASBESTOS INSULATION FROM THE GARLAND TOWERS BLDG IN HOT SPRINGS, ARK. GARLAND TOWERS IS A NURSING HOME THAT IS OWNED BY THE GARLAND COUNTY COUNCIL ON AGING. THE ASBESTOS RENOVATION OPERATION WAS SCHEDULED TO TAKE PLACE BETWEEN NOV 30TH AND DEC 4TH OF 1987. * ASBESTOS IS A KNOWN ENVIRONMENTAL CARCINOGEN THAT MAY CAUSE SERIOUS IRREVERSIBLE HEALTH EFFECTS AND EVEN DEATH TO INDI- VIDUALS EXPOSED TO ASBESTOS FIBERS. CONSEQUENTLY, ASBESTOS HAS BEEN DESIGNATED BY THE ADMIN. AS A HAZ AIR POLLUTANT AND IS COVERED UNDER SECTION 112 OF THE CAA, NESHAPS. THE REGUALTIONS THAT GOVERN THE ASBESTOS NESHAP ARE CONTAINED IN 40 CFR PART 61, SUBPART M, 61.140 THROUGH 61.156. * ON DEC 3, 1987, THE ADPC&E CONDUCTED AN INSPECTION OF THE FACILITY DURING WHICH VIOLATIONS OF THE ASBESTOS NESHAP STANDARDS WERE DOCUMENTED. THE INSPECTOR NOTED THAT CUSTOM WORKERS FAILED TO KEEP THE FRIABLE ASBESTOS MATERIALS (FAM) ADEQUATELY WETTED UNTIL COLLECTED FOR DISPOSAL, 40 CFR 61.147(E) (1)' FAILED TO REMOVE FRIABLE ASBESTOS MATERIAL WITH ADEQUATE CARE, 40 CFR 61.147(E) (2); AND FAILED TO SEAL ASBESTOS CONTAINING WASTE MATERIALS (ACWM) IN LEAK TIGHT CONTAINERS FOR PROPER DISPOSAL, 40 CFR 61.152(B) (1) (III). * EPA PROPOSES THAT A CIVIL ACTION BE FILED ALLEGING THAT CUSTOM VIOLATED CERTAIN ASBESTOS NESHAP REGULATIONS FOR DEMOLITION/RENOVATION OPERATIONS, AND THAT CIVIL PENALTIES BE IMPOSED PURSUANT TO CAA.

Defendants (1)

• CUSTOM INSULATION, INC.Named in complaintNamed in settlement

Facilities (1)

• GARLAND CNTY COUNCIL ON AGING

  126 ORIOLE ST, HOT SPRINGS, AR, 71901

  Registry ID: 110010726991

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• CUSTOM INSULATION, INC.entered 1991-07-16

  Primary law: CAA

  Federal penalty: $25,000

Timeline (7 milestones)

• 1988-04-21Enforcement Action Data Entered
• 1988-06-24Referred To Dept Of Justice
• 1989-02-16Complaint Filed With Court
• 1991-07-16Final Order Lodged
• 1991-07-16Final Order Entered
• 1991-07-16Concluded
• 1993-02-11Enforcement Action Closed