EPA v. MARTECH USA INC ET AL/KNIK ARM POWER PLANT

Case summary

ALLEGED VIOLATIONS OCCURRED WHEN CHUGACH ELEC ENTERED INTO A SUBLEASE WITH HOBBS INDUSTRIES. AS REQUIRED BY THE SUBLEASE, HOBBS WAS RENOVATING THE KNIK ARM POWER PLANT IN ANCHORAGE, AK. HOBBS HIRED MARTECH USA TO REMOVE ASBESTOS FROM: 1) THE COAL UNLOADING AREA (CAR SHOP); 2) ALL OTHER AREAS. AFTER MARTECH FINISHED ITS WORK UNDER TWO CONTRACTS, IT RETURNED TO THE POWER PLANT, ON A TIME-AND-MATERIALS BASIS, TO REMOVE ADDITIONAL ASBESTOS CONTAINING MATERIAL EXPOSED DURING REMOVAL OF FOUR BOILERS BY INDUSTRIAL POWER CONTRACTORS. THE ASBESTOS REMOVAL OF THE COAL AREA INVOLVED STRIPPING AND REMOVAL OF AT LEAST 21,625 SQUARE FEET AND 320 LINEAR FEET OF FRIABLE ASBESTOS. THE REMOVAL IN THE REST OF THE POWER PLANT INVOLVED AT LEAST 40,000 SQUARE FEET AND 100,000 LINEAR FEET OF FRIABLE ASBESTOS. ON 9/14/89 AN EPA INVESTIGATOR INSPECTED THE CAR SHOP FOR COMPLIANCE WITH NESHAPS. BECAUSE THE INSPECTOR SAW WORKERS USING WET METHODS OF ASBESTOS REMOVAL, THE CAR SHOP WORK IS NOT THE BASIS OF ANY ALLEGATIONS OF IMPROPER WORK PRACTICES. 0N 2/6/90 AN EPA EMPLOYEE INSPECTED THE SECOND PHASE OF ASBESTOS REMOVAL. THE INSPECTOR SAW LARGE QUANTITIES OF DRY, FRIABLE ASBESTOS ON THE FLOOR, EQUIPMENT, AND ON NEARLY ALL HORIZONTAL SURFACES; AIRBORNE DUST. INSTEAD OF USING THE AVAILABLE PLYWOOD CHUTE, A MARTECH WORKER DROPPED DRY, FRIABLE ASBESTOS THROUGH A FLOOR GRATE TO A LOWER LEVEL. TWO MARTECH EMPLOYEES WERE DRY SWEEPING DEBRIS AND USING A WIRE BRUSH TO REMOVE FRIABLE ASBESTOS FROM EQUIPMENT. NEITHER OF THE TWO EMPLOYEES WORKING IN THE CONTAINMENT AREA USED WATER TO PREVENT ASBESTOS DUST FROM BECOMING AIRBORNE. THE EPA INSPECTOR DISCUSSED THE INSPECTION DEFICIENCIES WITH THE MARTECH SITE CONTACT. BASED ON THE REPORT, IT APPEARS THAT WATER WAS NOT USED DURING THE SECOND PHASE OF ASBESTOS REMOVAL. ON 3/6/90 EPA INVESTIGATORS RETURNED TO THE POWER PLANT. MARTECH STOPPED REMOVAL WORK DURING THE INSPECTION. THE INSPECTORS SAW DRY FRIABLE ASBESTOS DUST, GENERATED BY THE REMOVAL, ON TOP OF RAILINGS. THEY ALSO FOUND DRY FRIABLE ASBESTOS ON TOP OF BOILERS, IN PILES IN THE BASEMENT, AN IN OPEN BAGS IN THE BASEMENT. SOME BAGS WERE SEALED, BUT NO WATER WAS VISIBLE THROUGH THE PLASTIC. THE WETTING EQUIPMENT IN THE NORTHEAST CORNER OF THE BASEMENT WAS NOT ASSEMBLED OR OPERATIONAL. NO WATER HOSES WERE CONNECTED. 0N 6/6/90 DUE TO WORKER COMPLAINTS, BOTH EPA AND AK DEPT OF LABOR INDEPENDENTLY INSPECTED THE POWER PLANT. HOBBS EMPLOYEES TOLD THE STATE INVESTIGATOR THAT THEY WERE REMOVING ASBESTOS MATERIALS AT NIGHT SO THAT THE IPC BOILER REMOVAL WORK COULD PROCEED DURING THE DAY. THE STATE INVESTIGATOR FOUND ASBESTOS CONTAINING MATERIAL IN THE WORK AREA AND IN THE DUMPSTER OUTSIDE THE FACILITY. HE ALSO FOUND ASBESTOS ON PARTS OF THE BOILER WHICH HAD BEEN REMOVED FROM INSIDE THE POWER PLANT TO THE WEST END OF THE FACILITY. DURING RENOVATION, SUBSTANTIAL AMOUNTS OF FRIABLE ASBESTOS MATERIALS WERE REMOVED FROM THE BUILDING. THIS REFERRAL SEEKS CIVIL PENALTIES FOR VIOLATIONS OF NESHAPS. THE COMPLAINT REQUESTS THE COURT TO: A) ASSESS CIVIL PENALTIES OF $25,000 FOR EACH DAY FOR EACH VIOLATION BY THE DEFENDANTS OF CAA AND NESHAPS; B) ENJOIN THE DEFENDANTS FROM FURTHER VIOLATIONS OF CAA AND NESHAPS; C) AWARD EPA ITS COSTS AND DISBURSEMENTS IN THE ACTION; D) GRANT SUCH OTHER AND FURTHER RELIEF AS THE COURT MAY DEEM JUST AND PROPER.

Defendants (3)

• CHUGACH ELECTRIC ASSOCNamed in settlement
• HOBBS INDUSTRIES INCNamed in settlement
• MARTECH USA INCNamed in settlement

Facilities (1)

• ENERGY RECOVERY SERVICES INC

  229 WHITNEY RD, ANCHORAGE, AK, 995011616

  Registry ID: 110014328487

Statutes cited

• CAA 113B — Clean Air Act
• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (1)

• MARTECH USA, INC.entered 1991-09-13

  Primary law: CAA

  Federal penalty: $50,000

Timeline (7 milestones)

• 1990-02-06Enforcement Action Data Entered
• 1990-09-28Referred To Dept Of Justice
• 1991-06-26Final Order Lodged
• 1991-06-26Complaint Filed With Court
• 1991-09-13Concluded
• 1991-09-13Final Order Entered
• 1997-10-15Enforcement Action Closed