EPA v. REYNOLDS METALS CO./J. PIZZUTO CO.

Case summary

DATA SHEET: * VIOLATIONS: J. PIZZUTO CO., INC. HAS VIOLATED THE ASBESTOS NESHAP REGULATIONS FOUND AT 40 CFR PART 61, SUBPART M DURINT ITS DEMOLITION ACTIVITIES AT REYNOLDS METALS CO'S HURRICANE CREEK PLANT LOCATED IN BAUXITE, ARKANSAS. AS SUCH, J. PIZZUTO CO, INC. HAS VIOLATED SECTION 112(C) OF THE CAA. IN ADDITION, REYNOLDS METALS CO, AS THE 'OWNER' OF THE SITE, IS ALSO LIABLE FOR THE ASBESTOS NESHAP VIOLATIONS. * PROPOSED RELIEF: CIVIL PENALTY TO REQUIRE J. PIZZUTO COMPANY, INC. AND/OR REYNOLDS METAL COMPANY TO PAY A CIVIL PENALTY FOR PAST VIOLATIONS OF THE CAA. * RECENT CONTACTS: ON JUNE 7, 1988, THE ADPC&E NOTIFIED J. PIZZUTO CO, INC. OF ASBESTOS NESHAP VIOLATIONS DISCOVERED DURING A STATE INSPEC- TION OF DEMOLITION ACTIVITIES BEING CONDUCTED BY J. PIZZUTO CO AT THE HURRICAN CREEK PLANT. EPA REGON VI HAS RECENTLY SPOKEN TO COUNSEL FOR J. PIZZUTO CO ABOUT POTENTIAL SETTLE- MENT OF THIS CASE. * ISSUES: THERE ARE NO ANTICIPATED NATIONAL OR 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. * DATES: THE ADPC&E CONDUCTED AN INSPECTION OF DEMOLITION ACTIVITIES BEING PERFORMED BY J. PIZZUTO CO, INC. AT REYNOLDS METAL COMPANY'S CREEK PLANT ON MAY 31, 1988. * * SYNOPSIS OF CASE: * J. PIZZUTO CO, INC. OWNS AND OPERATES A BUSINESS CONCERNED WITH THE RENOVATION AND DEMOLITION OF BUILDINGS AND STRUC- TURES CONTAINING ASBESTOS. AS PART OF ITS OPERATIONS, PIZZUTO CONTRACTED WITH REYNOLDS METALS CO TO DEMOLISH A PORTION OF REYNOLD'S HURRICAN CREEK ALUMINA PLANT LOCATED IN BAUXITE, ARK. THE DEMOLITION OPERATION INVOLVED THE REMOVAL OF PIPE INSULATION, BEAM INSULATION, AND CEMENT SIDING CONTAINING ASBESTOS. SINCE LARGE QUANTITIES OF ASBESTOS-CONTAINING MATERIALS WERE INVOLVED IN THE DEMOLI- TION ACTIVITIES AT THE HURRICANE CREEK 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 (ACM) IN BUILDING 45 AT THE HURRICANE CREEK PLANT, PIZZUTO FAILUED TO COMPLY WITH THE ASBESTOS NESHAP REGULATIONS FOUND AT 40 CFR PART 61, SUBPART M. THE VIOLATIONS INVOLVE THE FAILURE TO PROPERLY HANDLE FRIABLE ACM AFTER REMOVING THE MATERIALS FROM PIPES AND OTHER FACILITY COMPONENTS. FAILURE TO COMPLY WITH THESE ASBESTOS NESHAP WORK PRACTICE STANDARDS ENDANGERED THE HEALTH OF THOSE WHO MAY HAVE BEEN EXPOSED TO ANY ASBESTOS FIBERS, SINCE INHALATION OF SUCH FIBERS HAS BEEN LINKED TO ASBESTOSIS AND VARIOUS FORMS OF CANCER. EPA CONSIDERS VIOLATIONS OF SECTION 112(C) OF THE CAA, INCLUDING VIOLATIONS OF THE ASBESTOS NESHAP REGULATIONS TO BE SERIOUS AND DESERVING OF CIVIL AND/OR CRIMINAL ENFORCE MENT ACTION.

Defendants (2)

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

Facilities (1)

• REYNOLDS METALS HUR CRK PLT

  3201 S REYNOLDS RD, BAUXITE, AR, 72011

  Registry ID: 110009522837

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• REYNOLDS METALS CO./J. PIZZUTO CO.entered 1990-01-19

  Primary law: CAA

  Federal penalty: $105,000

Timeline (7 milestones)

• 1988-09-08Enforcement Action Data Entered
• 1988-09-30Referred To Dept Of Justice
• 1989-12-11Complaint Filed With Court
• 1990-01-19Final Order Lodged
• 1990-01-19Final Order Entered
• 1990-01-19Concluded
• 1990-01-19Enforcement Action Closed