EPA v. WITCO CORPORATION

Case summary

WITCO WORKERS CONDUCTED A RENOVATION PROJECT WHICH IN- VOLVED THE REMOVAL OF ASBESTOS MATERIAL FROM A HOT WATER BOI LER. THE RENOVATION OPERATION BEGAN SOMETIME BEFORE JANUARY 16, 1985. THERE ARE FIVE COUNTS OF VIOLATIONS UNDER THE NAT'L EMISSIONS STDS FOR AIR POLLUTANTS (NESHAPS) FOR ASBESTOS, 40 C.F.R. PART 61 SUBPART M. THE DEFS VIOLATED APPLICABLE REQ'S REGARDING PRIOR NOTIFICATION TO EPA OF AN ASBESTOS REMOVAL OPERATION (40CFR/61.146); REQ'S ON EMISSION CONTROL PROCEDURES DURING RENOVATIONS (/61.147(C) & (E)); PROCEDURES FOR TRANSPORT (/61.152(B); FOR DISPOSAL (/61.152(A). EPA DELEGATED THE ASBESTOS NESHAPS PROGRAM TO KERN CO. AIR POLLUTION CONTROL DISTRICT ON FEBRUARY 4, 1985. THEDIS- TRICT SETTLED ITS CLAIM FOR WITCO'S NESHAPS VIOLATIONSFOR $3000. UNDER EPA'S ASBESTOS DEMOLITION AND RENOVATION CIVIL PENALTY POLICY, WITCO SHOULD PAY A PENALTY OF NO LESSTHAN $41,000.(BASED ON EVIDENCE NOW AVAILABLE.) REGION 9 PROPOSES THE IMMEDIATE FILING OF AN ACTION FOR A CIVIL PENALTY OF $25,000 PER DAY OF VIOLATION. THIS REFERRAL IS BASED ON AN INSPECTION CONDUCTED ON 01/16/85 BY CA DEPT. OF IND. RELATIONS, DIVISION OF OCCUPATIONAL SAFETY AND HEALTH.

Defendants (1)

• WITCO CHEMICAL CORP. GOLDEN BEAR DIV.Named in complaintNamed in settlement

Facilities (2)

• WITCO CORPORATION

  1134 MANOR STREET, BAKERSFIELD, CA, 93308

  Registry ID: 110017407153

• WITCO CORPORATION

  1134 MANOR STREET, BAKERSFIELD, CA, 93308

  Registry ID: 110017407153

Statutes cited

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

Enforcement conclusions (1)

• WITCO CORPORATIONentered 1986-09-03

  Primary law: CAA

  Federal penalty: $32,000

Timeline (8 milestones)

• 1985-09-25Referred To Headquarters
• 1985-10-24Referred To Dept Of Justice
• 1986-01-14Referred TO U.S. Attorney
• 1986-01-16Complaint Filed With Court
• 1986-09-03Concluded
• 1986-09-03Final Order Lodged
• 1986-09-03Final Order Entered
• 1988-09-03Enforcement Action Closed