EPA v. PHILLIPS INDUSTRIES INC

Case summary

THIS REFERRAL INVOLVES THE FILING OF A CIVIL ACTION TO SEEK PENALTIES AND INJUNCTIVE RELIEF FOR VIOLATIONS OF THE WORK PRACTICE STANDARDS SET FORTH IN THE NATIONAL EMISSION STANDARD FOR ASBESTOS, 40 CFR PART 61, SUBPART M, PROMULGATED PURSUANT TO SECTION 112 OF CAA, 42 USC, 7412. ON 8/30/88 AN EPA INSPECTOR DISCOVERED AN ACTIVE DEMOLI- TION OCCURRING ON THE 'OLD' RALSTON PURINA PLANT. THE FACILITY WAS A GRAIN ELEVATOR, LOCATED IN POCATELLO, ID, AND OWNED BY PHILLIPS INDUSTRIES INC. THE FACILITY WAS BEING DEMOLISHED BY A CONTRACTOR, TOM SIMKO. DURING THE DEMOLITION, WHICH SPANNED A PERIOD OF AT LEAST 15 MONTHS, 3 EPA INSPECTIONS WERE CONDUCTED DOCUMENTING VIOLATIONS OF THE ASBESTOS-NESHAP REGULATIONS. THE MATERIAL INCLUDED: AT LEAST 1,400 SQUARE FEET OF FRIABLE ROOFING MATERIAL CONTAINING 25 % CHRYSOTILE; 86 LINEAR FEET OF AIR CELL PIPE INSULATION CONTAINING 90 % CHRYSOTILE; 435 SQ FEET OF BOILER INSULATION CONTAINING 60 % TO 65 % CHRYSOTILE AND AMOSITE; AND 64 SQ FEET OF TRANSITE SHINGLES CONTAINING 35 % CHRYSOTILE.

Defendants (2)

• PHILLIPS INDUSTRIES INCNamed in complaintNamed in settlement
• SIMKO, TOM DBA SKYLINE CONSTRUCTION CONamed in complaintNamed in settlement

Facilities (1)

• RALSTON PURINA

  2355 GARRETT WAY, POCATELLO, ID, 83201

  Registry ID: 110010752569

Statutes cited

• CAA 112C — Hazardous Air Pollutants

Enforcement conclusions (1)

• CONSENT DECREEentered 1993-07-27

  Primary law: CAA

  Federal penalty: $66,350

Timeline (7 milestones)

• 1988-08-30Enforcement Action Data Entered
• 1989-09-26Referred To Dept Of Justice
• 1990-03-02Final Order Lodged
• 1990-03-02Complaint Filed With Court
• 1993-07-27Final Order Entered
• 1993-07-27Concluded
• 1999-06-22Enforcement Action Closed