EPA v. GRACE, W.R. & COMPANY

Case summary

W.R. GRACE & COMPANY-CONN., INC., OWNS A DEFUNCT TREMOLITE MINE AND ASSOCIATED PROPERTY IN LIBBY, MONTANA, THE EXTREME NORTHWESTERN CORNER OF THAT STATE. OVER THE COURSE OF THE LAST TWO YEARS, GRACE BEGAN DEMOLISHING BUILDINGS AT THE MINE SITE AS AN INITIAL STEP TOWARD RESTORING THE PROPERTY TO ITS SOMEWHAT NATURAL STATE. IN PARTICULAR, IN SEPTEMBER OF 1990, GRACE CLOSED ITS MILL BUILDING WHERE IT MILLED VERMICULITE ORE, AND IT BEGAN SELLING OFF ITS MILLING EQUIPMENT IN PREPARATION FOR DEMOLITION OF THE MILL BUILDING. IN NOVEMBER OR DECEMBER OF 1991, GRACE DEMOLISHED ITS MILL BUILDING. THEY PERFORMED THIS DEMOLITION BY FIRST HAVING AN ENGINEER ASSESS THE BUILDING AND DESIGNATE AREAS TO BE WEAKENED BY BLOW TORCH. AFTER WEAKENING THE KEY AREAS, GRACE EMPLOYEES TIED HEAVY CABLES TO THE BUILDING, CONNECTED THE CABLES TO TWO BULL- DOZERS, AND PUSHED AND PULLED WITH THE BULLDOZERS UNTIL THE BUILDING COLLAPSED. A CALL FROM A LIBBY AREA CITIZEN TO BRENDA SOUTH, NESHAP ASBESTOES COORDINATOR, TIPPED EPA TO THE FACT THAT 10 TO 20 WORKERS WERE PERFORMING A DEMOLITION WITHOUT BENEFIT OF PROTECTIVE CLOTHING. INSPECTIONS REVEALED LEVELS OF ASBESTOS. THIS ACTION IS BASED ON THE FAILURE OF GRACE TO HAVE NOTIFIED THE STATE, AND EPA NESHAPS OF THE DEMOLITION, FAILURE TO HAVE A REPRESENTATIVE AT THE SITE, AND RELATED NESHAP VIOLATIONS.

Defendants (1)

• W.R. GRACE & COMPANYNamed in complaintNamed in settlement

Facilities (1)

• W R GRACE & CO

  10 MI NE OF LIBBY, LIBBY, MT, 59923

  Registry ID: 110011682544

Statutes cited

• CAA 112 — Hazardous Air Pollutants
• CAA 114 — Record keeping, Inspection, Information Request
• CAA 113 — Clean Air Act

Enforcement conclusions (1)

• W.R. GRACE & CO.-CONN., INC.entered 1994-12-23

  Primary law: CAA

  Federal penalty: $510,000

Timeline (7 milestones)

• 1992-09-01Enforcement Action Data Entered
• 1992-09-29Referred To Dept Of Justice
• 1993-04-28Complaint Filed With Court
• 1994-12-23Final Order Lodged
• 1994-12-23Final Order Entered
• 1994-12-23Concluded
• 1994-12-23Enforcement Action Closed