EPA v. POTLATCH CORP

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 NESHAPS, 40 CFR, PART 61, M PROMULGATED PURSUANT TO SECTION 112 OF CAA, 42 USC 7412. BETWEEN 7/20/89 AND 2/1/90 AN ASBESTOS ABATEMENT PROJECT/MODERNIZATION PROJECT WAS CONDUCTED AT THE POTLATCH CORP PULP AND PAPER MILL IN LEWISTON, ID. THE PROJECT CONSISTED OF DEMOLITION OF SEVERAL BUILDINGS AND ASSOCIATED ASBESTOS REMOVAL ACTIVITIES. VIOLATIONS OF NESHAPS FOR ASBESTOS OCCURRED DURING THE PROJECT. POTLATCH HIRED OLSHAN ASBESTOS REMOVAL CORP AS THE GENERAL CONTRACTOR IN THE ABATEMENT PORTION OF THE PROJECT. OLSHAN SUBCONTRACTED THE ACTUAL ASBESTOS ABATEMENT TO PACIFIC MECHANICAL INSULATION. THIS REFERRAL RECOMMENDS NAMING ALL THREE COMPANIES AS DEFENDANTS. AN EPA INSPECTOR INSPECTED THE FACILITY ON 6/13/89 PRIOR TO THE COMMENCEMENT OF THE ABATEMENT PROJECT, AND ON 10/5/89 DURING THE PROJECT. NOTIFICATION OF THE PROJECT WAS RECEIVED IN THE EPA IDAHO OPERATIONS OFFICE ON 8/10/89, 21 DAYS AFTER THE PROJECT HAD ACTUALLY BEGUN. EPA CIVIL INVESTIGATORS INTERVIEWED A NUMBER OF THE ASBESTOS WORKERS DURING 7/90 AND 8/90. DURING HIS 10/5/89 INSPECTION, THE EPA INSPECTOR OBSERVED APPARENT VIOLATIONS OF THE WORK PRACTICE STANDARDS AND DISPOSAL REQUIREMENTS IN THE ASBESTOS NESHAP. THE EPA INSPECTOR OBSERVED LARGE QUANTITIES OF DRY, FRIABLE ASBESTOS-CONTAINING MATERIAL ON THE FLOOR OF VARIOUS BUILDINGS AT THE MILL AND IN DEMOLITION DEBRIS OUTSIDE SOME OF THE BUILDINGS. IT APPEARED THAT NO WATER, OR AN INADEQUATE AMOUNT OF WATER, WAS USED DURING THE ASBESTOS REMOVAL. THE INSPECTOR ALSO FOUND DRY ASBESTOS ON FACILITY COMPONENTS WHICH HAD BEEN REMOVED FROM THE BUILDINGS AND WERE IN AN OUTSIDE SCRAP STORAGE AREA. THE INSPECTOR DETERMINED THAT THE MATERIAL WAS NOT COMPLETELY REMOVED PRIOR TO DEMOLITION, AND THE ASBESTOS-CONTAINTING WASTE MATERIAL WAS IMPROPERLY LABELED, CONTAINERIZED AND DISPOSED OF. IN ADDITION, AIR MONITORING REPORTS INDICATE THAT ASBESTOS LEVELS OFTEN WERE ABOVE THE OSHA PERMISSIBLE EXPOSURE LEVEL. THE PROJECT INVOLVED THE STRIPPING AND REMOVAL OF AT LEAST 55,000 SQUARE FEET OF 2-INCH THICK INSULATION AND 60,000 SQUARE FEET OF 3/16-INCH TRANSITE (CEMENT-ASBESTOS BOARD). THUS, THRESHHOLD IS NOT AN ISSUE IN THE REFERRAL. SAMPLE RESULTS INDICATED THE FRIABLE ASBESTOS MATERIALS CONTAINED BETWEEN 2 AND 85% ASBESTOS. IN ITS COMPLAINT, EPA ASKS THE COURT: 1) TO ASSESS CIVIL PENALTIES OF $25,000 FOR EACH DAY FOR EACH VIOLATION OF THE CAA AND THE ASBESTOS NESHAP; 2) TO ENJOIN THE DEFENDANTS FROM FURTHER VIOLATIONS OF THE CAA AND THE ASBESTOS NESHAP; 3) TO AWARD EPA ITS COSTS AND DISBURSEMENTS IN THIS ACTION; AND 4) TO GRANT SUCH OTHER AND FURTHER RELIEF AS THE COURT MAY DEEM JUST AND PROPER.

Defendants (3)

• POTLATCH CORPNamed in complaintNamed in settlement
• OLSHAN ASBESTOS REMOVAL CORPNamed in complaintNamed in settlement
• PACIFIC MECHANICAL INSULATORS INCNamed in complaintNamed in settlement

Facilities (15)

• POTLATCH CORPORATION

  805 E MAIN ST, #1 MILL ROAD, LEWISTON, ID, 83501

  Registry ID: 110053991720

• POTLATCH CORPORATION

  805 E MAIN ST, #1 MILL ROAD, LEWISTON, ID, 83501

  Registry ID: 110053991720

• POTLATCH CORPORATION

  805 E MAIN ST, #1 MILL ROAD, LEWISTON, ID, 83501

  Registry ID: 110053991720

• POTLATCH CORPORATION

  805 E MAIN ST, #1 MILL ROAD, LEWISTON, ID, 83501

  Registry ID: 110053991720

• POTLATCH CORPORATION

  805 E MAIN ST, #1 MILL ROAD, LEWISTON, ID, 83501

  Registry ID: 110053991720

• POTLATCH CORPORATION

  805 E MAIN ST, #1 MILL ROAD, LEWISTON, ID, 83501

  Registry ID: 110053991720

• POTLATCH CORPORATION

  805 E MAIN ST, #1 MILL ROAD, LEWISTON, ID, 83501

  Registry ID: 110053991720

• POTLATCH CORPORATION

  805 E MAIN ST, #1 MILL ROAD, LEWISTON, ID, 83501

  Registry ID: 110053991720

• POTLATCH CORPORATION

  805 E MAIN ST, #1 MILL ROAD, LEWISTON, ID, 83501

  Registry ID: 110053991720

• POTLATCH CORPORATION

  805 E MAIN ST, #1 MILL ROAD, LEWISTON, ID, 83501

  Registry ID: 110053991720

• POTLATCH CORPORATION

  805 E MAIN ST, #1 MILL ROAD, LEWISTON, ID, 83501

  Registry ID: 110053991720

• POTLATCH CORPORATION

  805 E MAIN ST, #1 MILL ROAD, LEWISTON, ID, 83501

  Registry ID: 110053991720

• POTLATCH CORPORATION

  805 E MAIN ST, #1 MILL ROAD, LEWISTON, ID, 83501

  Registry ID: 110053991720

• POTLATCH CORPORATION

  805 E MAIN ST, #1 MILL ROAD, LEWISTON, ID, 83501

  Registry ID: 110053991720

• POTLATCH CORPORATION

  805 E MAIN ST, #1 MILL ROAD, LEWISTON, ID, 83501

  Registry ID: 110053991720

Statutes cited

• CAA 112 — Hazardous Air Pollutants

Enforcement conclusions (3)

• OLSHAN ASBESTOS REMOVAL CORP.entered 1994-10-05

  Primary law: CAA

  Federal penalty: $603,800

• POTLATCH CORPORATIONentered 1994-10-05

  Primary law: CAA

• PACIFIC MECHANICAL INSULATORS, INC.entered 1999-02-03

  Primary law: CAA

  Federal penalty: $30,000

Timeline (6 milestones)

• 1989-10-05Enforcement Action Data Entered
• 1991-03-29Referred To Dept Of Justice
• 1994-10-04Complaint Filed With Court
• 1998-10-09Final Order Lodged
• 1999-02-03Final Order Entered
• 2003-03-07Enforcement Action Closed