EPA v. SEALTITE CORPORATION AND STANDISH CORPORATION

Case summary

SYNOPSIS: SEALTITE CORP IS BASED IN WAUKESHA, WI, AND OPERATES PRI- MARILY AS AN INSULATION AND ROFFING CONTRACTOR. SEALTITE IS A WHOLLY-OWNED SUBSIDIARY OF STANDISH CORP (SEALTITE'S HOLDING COMPANY), WHICH IS ALSO LOCATED IN WI. SEALTITE WAS UNDER CONTRACT WITH THE LITTLE ROCK AIR FORCE BASE (AFB) IN JACKSONVILLE, AR, TO REMOVE ASBESTOS FROM PIPES AND ASSOCIATED COMPONENTS IN BLDG 884 DURING NOV OF 1984, AND BLDG 480 IN JAN OF 1988. * ASBESTOS IS A KNOWN ENVIRONMENTAL CARCINOGEN THAT MAY CAUSE SERIOUS HEALTH EFFECTS AND EVEN DEATH TO INDIVIDUALS 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, NESHAP. THE REGULA- TIONS THAT GOVERN THE ASBESTOS NESHAP ARE CONTAINED IN SUBPART M, 40 CFR PART 61, 61.140 THROUGH 61.156. * ON NOV 4, 1987, THE ADPC & CONDUCTED AN INSPECTION OF BLDG 884. SEALTITE WAS SCHEDULED TO COMPLETE RENOVATION OPERATIONS AT THIS FACILITY ON NOV 10, 1987. DURING THE INSPECTION, TWO WORK PRACTICE VIOLATIONS UNDER THE ASBES- TOS NESHAP REGULATIONS WERE DOCUMENTED. * THE INSPECTOR NOTED THAT SEALTITE FAILED TO KEEP THE FRIABLE ASBESTOS MATERIALS (FAM) ADEQUATELY WETTED UNTIL COLLECTED FOR DISPOSAL, 40 CFR 61.147(E)(1); AND FAILED TO SEAL THE ASBESTOS-CONTAINING WASTE MATERIALS (ACWM) IN LEAK-TIGHT CONTAINERS FOR PROPER DISPOSAL, 40 CFR 61.152 (B)(1)(III). * AS FOLLOW-UP TO THE NOV 3, ADPC&E INSPECTION, A LETTER DATED NOV 5, 1987, WAS SENT TO SEALTITE FOR THE AFOREMENTIONED NESHAP VIOLATIONS. IN A RESPONSE LETTER DATED NOV 13, 1987, SEALTITE DISPUTED THE BASIS OF THE NOV 4, VIOLATIONS AND STATED THAT THE ASBESTOS NESHAP REGULATIONS HAD BEEN COM- WITH BEFORE THE ADPC&E INSPECTION HAD OCCURRED. ON NOV 30, 1987, THE ADPC&E REVOKED SEALTITE'S LICENSE AS AN ASBESTOS ABATEMENT CONTRACTOR. * ON JAN 23, 1988, THE ADPC&E CONDUCTED AN INSPECTION OF BLDG 480 AT THE LITTLE ROCK AIR FORCE BASE. SEALTITE WAS SCHEDULED TO COMPLETE RENOVATION OPERATIONS BY JAN 28, 1988. THE INSPECTOR DOCUMENTED THREE ASBESTOS NESHAP VIOLA- TIONS DURING THE INSPECTION UNDER THE NOTIFICATION REQUIRE- MENTS FOR ASBESTOS RENOVATION. SEALTITE FAILED TO INCLUDE THE SIZE OF THE FACILITY, 40 CFR 61.146(C)(2)' THE NATURE OF THE PLANNED RENOVATION, INCLUDING THE METHOD TO BE USED FOR ASBESTOS REMOVAL, 40 CFR 61.146(C)(6); AND THE PROCED- URES TO BE USED FOR COMPLIANCE WITH ASBESTOS EMISSION CON- TROL AND FOR WASTE HANDLING AND DISPOSAL, 40 CFR 61.146(C) (7). * A FOLLOW-UP LETTER DATED FEB 1, 1988, WAS SENT FOR SEALTITE FOR THE ABOVE-NOTED VIOLATIONS. IN ADDITION TO VIOLATING THE NESHAP REGULATIONS, SEALTITE PERFORMED THE REMOVAL OPERATION WITHOUT A LICENSE, A VIOLATION OF ARK. CODE ANN 20-27-1007 (1985). TO DATE, THERE HAVE BEEN NO OTHER DOCUMENTED COMMUNICATIONS BETWEEN SEALTITE AND THE ADPC&E. * EPA PROPOSES THAT A CIVIL ACTION BE FILED ALLEGING THAT SEALTITE VIOLATED CERTAIN ASBESTOS NESHAP REGULATIONS FOR DEMOLITION/RENOVATION OPERATIONS, AND THAT CIVIL PENALTIES BE IMPOSED PURSUANT TO THE CAA FOR THESE VIOLATIONS.

Defendants (2)

• SEALTITE CORPNamed in complaintNamed in settlement
• STANDISH CORPNamed in complaintNamed in settlement

Facilities (1)

• LITTLE ROCK AFB

  BLDG 790, JACSONVILLE, AR, 72099

  Registry ID: 110010727017

Statutes cited

• CAA 112C — Hazardous Air Pollutants

Enforcement conclusions (1)

• SEALTITE CORPORATIONentered 1990-06-06

  Primary law: CAA

  Federal penalty: $15,000

Timeline (7 milestones)

• 1988-05-21Enforcement Action Data Entered
• 1988-06-30Referred To Dept Of Justice
• 1988-09-02Complaint Filed With Court
• 1990-06-06Final Order Lodged
• 1990-06-06Final Order Entered
• 1990-06-06Concluded
• 1990-06-07Enforcement Action Closed