EPA v. SOUTHWEST TEXAS STATE UNIVERSITY

Case summary

1. SECTION 113(D) OF THE CLEAN AIR ACT ( CAA ), AS AMENDED, 42 U.S.C. SEC. 7413(D) AND SECTION 16 OF THE TOXIC SUB- STANCES CONTROL ACT ( TSCA ), AS AMENDED, 15 U.S.C. SEC. 2614, AND 40 C.F.R. SECS. 22.13 AND 22.43(B). 2. SOUTHWEST TEXAS STATE UNIVERSITY 601 UNIVERSITY DRIVE SAN MARCOS, TEXAS 78666-1466 3. RESPONDENT WAS IN VIOLATION OF SECTION 112 OF THE CAA BY 1) FAILURE TO INCLUDE COMPLETE INFORMATION REGARDING DES- CRIPTION OF AFFECTED PARTS OF THE FACILITY AND QUANTITY OF RACM TO BE REMOVED OR STRIPPED BY SWTSU EMPLOYEES, 2) FAILURE TO REMOVE ALL RACM FROM A FACILITY BEING RENOVAT- ED BEFORE ANY ACTIVITY BEGINS THAT WOULD BREAK UP, DIS- LODGE, OR SIMILARLY DISTURB THE MATERIAL, AND 3) FAILURE TO ENSURE THAT STRIPPED OR REMOVED MATERIAL REMAINS WET UNTIL COLLECTED AND CONTAINED OR TREATED FOR DISPOSAL. THE RESPONDENT WAS IN VIOLATION OF SECTION 15 OF TSCA BY FAILURE TO PERFORM MONITORING WITHIN THE WORK AREA TO DETERMINE ACCURATELY THE AIRBORNE CONCENTRATIONS OF AS- BESTOS TO WHICH EMPLOYEES MAY BE EXPOSED. 4. RELIEF SOUGHT PURSUANT TO SECTION 113(D) OF THE CAA AND SECTION 16 OF TSCA, EPA PROPOSES A PENALTY OF $35,200 FOR THE CAA VIOLATIONS AND A PENALTY OF $5,000 FOR THE TSCA VIOLATIONS, FOR A TOTAL PENALTY OF $40,200.

Defendants (1)

• SOUTHWEST TEXAS STATE UNIVERSITYNamed in complaintNamed in settlement

Facilities (8)

• SOUTHWEST TEXAS STATE UNIVERSITY

  600 UNIVERSITY DR, SAN MARCOS, TX, 786664616

  Registry ID: 110001871109

• SOUTHWEST TEXAS STATE UNIVERSITY

  SOUTHWEST TX STATE UNIVERSITY, SAN MARCOS, TX, 78666

  Registry ID: 110001871109

• SOUTHWEST TEXAS STATE UNIVERSITY

  SOUTHWEST TX STATE UNIVERSITY, SAN MARCOS, TX, 78666

  Registry ID: 110001871109

• SOUTHWEST TEXAS STATE UNIVERSITY

  600 UNIVERSITY DR, SAN MARCOS, TX, 786664616

  Registry ID: 110001871109

• SOUTHWEST TEXAS STATE UNIVERSITY

  600 UNIVERSITY DR, SAN MARCOS, TX, 786664616

  Registry ID: 110001871109

• SOUTHWEST TEXAS STATE UNIVERSITY

  SOUTHWEST TX STATE UNIVERSITY, SAN MARCOS, TX, 78666

  Registry ID: 110001871109

• SOUTHWEST TEXAS STATE UNIVERSITY

  600 UNIVERSITY DR, SAN MARCOS, TX, 786664616

  Registry ID: 110001871109

• SOUTHWEST TEXAS STATE UNIVERSITY

  SOUTHWEST TX STATE UNIVERSITY, SAN MARCOS, TX, 78666

  Registry ID: 110001871109

Statutes cited

• TSCA 15 — Prohibited Acts
• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• SOUTHWEST TEXAS STATE UNIVERSITYentered 1996-02-08

  Primary law: CAA

  Federal penalty: $28,350

Timeline (5 milestones)

• 1995-09-12Enforcement Action Data Entered
• 1995-09-12Complaint Filed/Proposed Order
• 1996-02-08Final Order Issued
• 1996-03-06Compliance Achieved
• 1996-03-06Enforcement Action Closed