EPA v. PIZZUTO COMPANY, INC.

Case summary

DATA SHEET: * THE VIOLATIONS UPON WHICH THE ACTION IS BASED: J. PIZZUTO CO, INC., HAS VIOLATED THE ASBESTOS NESHAP REGULATIONS FOUND AT 40 CFR PART 61, SUBPART M DURING ITS RENOVATION ACTIVITIES AT REYNOLDS METAL COMPANY'S JONES MILL REDUCTION PLANT LOCATED IN MALVERN, ARK. AS SUCH, J. PIZZUTO CO., INC. HAS VIOLATED SECTION 112(C) OF THE CAA. * THE PROPOSED RELIEF TO BE SOUGHT: CIVIL PENALTY TO REQUIRE J. PIZZUTO CO, INC. TO PAY A CIVIL PENALTY FOR PAST VIOLATIONS OF THE CAA. * RECENT CONTACTS WITH DEFENDANTS: ON FEB 3, 1988, THE ADPC&E NOTIFIED J. PIZZUTO CO, INC. OF ASBESTOS NESHAP VIOLATIONS DISCOVERED DURING A STATE INSPEC- TION OF RENOVATION ACTIVITIES BEING CONDUCTED BY J. PIZZUTO COMPANY AT THE JONES MILL PLANT. EPA VI HAS NOT CONTACTED THE DEFENDANT. * SIGNIFICANT NATIONAL PRECEDENTIAL OR FACTUAL ISSUES: THERE ARE NO ANTICIPATED NATIONAL PRECEDENTIAL OR FACTUAL ISSUES IN THIS CASE; HOWEVER, THIS CASE FITS INTO THE NATIONAL PROGRAM STRATEGY PROVIDED IN THE MARCH 31, 1988 'REVISED ASBESTOS NESHAP STRATEGY' FROM THE EPA OFFICE OF AIR AND RADIATION. * THE PROPOSED RELIEF TO BE SOUGHT: CIVIL PENALTY TO REQUIRE J. PIZZUTO CO, INC. TO PAY A CIVIL PENALTY FOR PAST VIOLATIONS OF THE CAA. * RECENT CONTACTS WITH DEFENDANTS: ON FEB 3, 1988, THE ADPC&E NOTIFIED J. PIZZUTO CO, INC. OF ASBESTOS NESHAP VIOLATIONS DISCOVERED DURING A STATE INSPECTION OF RENOVATION ACTIVITIES BEING CONDUCTED BY J. PIZZUTO CO. AT THE JONES MILL PLANT. EPA REGION VI HAS NOT NOT CONTACTED THE DEFENDANT. * SIGNIFICANT NATIONAL PRECEDENTIAL OR FACTUAL ISSUES: THERE ARE NO ANTICIPATED NATIONAL PRECEDENTIAL OR FACTUAL ISSUES IN THIS CASE; HOWEVER, THIS CASE FITS INTO THE NATIONAL PROGRAM STRATEGY PROVIDED IN MARCH 31, 1988 'REVISED ASBESTOS NESHAP STRATEGY' FROM THE EPA OFFICE OF AIR AND RADIATION. * DATES OF INSPECTIONS, INFORMATION REQUESTS, OR RECEIPT OF EVIDENCE THAT LED TO DECISION TO INITIATE ENFORCEMENT ACTION: THE ADPC&E CONDUCTED ON INSPECTION OF RENOVATION ACTIVITIES BEING PERFORMED BY J. PIZZUTO CO, INC. AT REYNOLDS METAL COMPANY'S JONES MILL PLANT ON FEB 1, 1988. * * SYNOPSIS OF CASE: J. PIZZUTO CO, INC. OWNS AND OPERATES A BUSINESS CONCERNED WITH THE RENOVATION OF BLDGS AND STRUCTURES CONTAINING ASBESTOS. AS PART OF ITS OPERATIONS, PIZZUTO PURCHASED BLDG 104 OF THE REYNOLDS METAL CO'S JONES MILL REDUCTION PLANT FOR RENOVATION PURPOSES. THE RENOVATION OPERATION INVOLVED THE REMOVAL OF INSULATION SURROUNDING EXHAUST PIPES AND JOINTS. SINCE LARGE QUANTITIES OF ASBESTOS-CONTAINING MATERIALS WERE INVOLVED IN THE RENOVATION ACTIVITIES AT THE JONES MILL PLANT, PIZZUTO WAS REQUIRED TO COMPLY WITH THE NESHAP FOR ASBESTOS WHICH WERE ESTABLISHED BY EPA PURSUANT TO SECTION 112 OF THE CAA, 42 USC 7412. WHILE REMOVING THE ASBESTOS CONTAINING MATERIALS (

Defendants (2)

• J. PIZZUTO CO., INC.Named in complaintNamed in settlement
• REYNOLDS METAL CO., INC.Named in complaintNamed in settlement

Facilities (1)

• REYNOLDS METAL CO

  8300 KELLETTE RD, MALVERN, AR, 72104

  Registry ID: 110010727008

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• PIZZUTO COMPANY, INCORPORATEDentered 1989-11-28

  Primary law: CAA

  Federal penalty: $30,000

Timeline (7 milestones)

• 1988-04-21Enforcement Action Data Entered
• 1988-06-30Referred To Dept Of Justice
• 1988-09-14Complaint Filed With Court
• 1989-11-28Final Order Lodged
• 1989-11-28Final Order Entered
• 1989-11-28Concluded
• 1990-01-19Enforcement Action Closed