8/8/08 - CONSENT AGREEMENT ISSUED. RESPONDENT A&E SALVAGE, INC. HAS BEEN CONDUCTING SALVAGE, RENOVATION, AND DEMOLITION OPERATIONS AT THE LIBERTY FIBERS RAYON PLANT, NOW IN BANKRUPTCY, SINCE APPROX SEPT 2006, AND PLANS TO CONDUCT ADDITIONAL OPERATIONS IN THE NEAR FUTURE. THESE OPERATIONS HAVE INVOLVED THE REMOVAL OF METALS, STEEL, EQUIPMENT, AND OTHER MATERIALS FROM THE BUILDINGS, STRUCTURES AND OTHER COMPONENTS AT THE FACILITY, AND THE RENOVATION AND DEMOLITION OF BUILDINGS AT THE PROPERTY.
MANY OF THE BUILDINGS, STRUCTURES, COMPONENTS, AND EQUIPMENT AT THE PROPERTY THAT HAVE BEEN RENOVATED AND/OR DEMOLISHED CONTAINED FRIABLE AND NON-FRIABLE ASBESTOS THAT CAN BE MADE FRIABLE DURING SUCH OPERATIONS, INCLUDING, BUT NOT LIMITED TO, PIPING INSULATION, BOILER INSULATION, SPRAY-ON FIREPROOFING, FLOOR TILES, MASTIC, ROOF FLASHING, STEAM GASKETS, AND THERMAL SYSTEM MUD.
A&E SALVAGE IS AN OWNER/OPERATOR OF THE RENOVATION AND DEMOLITION ACTIVITIES THAT HAVE BEEN CONDUCTED AT THE LIBERTY FIBERS PROPERTY. THE LIBERTY FIBER PROPERTY IS A FACILITY . THEREFORE, A&e SALVAGE IS SUBJECT TO THE REQUIREMENTS OF THE ASBESTOS NESHAP. EPA HAS FURTHER DETERMINED THAT A&E HAS FALED TO COMPLY WITH VARIOUS PROVISIONS OF THE ASBESTOS NESHAP. AS A RESULT, A&E IS SUBJECT TO ENFORCEMENT ACTION INCLUDING BUT NOT LIMITED TO, ISSUANCE OF A COMPLIANCE ORDER, ASSESSMENT OF ADMINISTRATIVE CIVIL PENALTIES, CRIMINAL PENALTIES, OR INITIATION OF A CIVIL SUIT FOR PENALTIES AND INJUNCTIVE RELIEF PURSUANT TO C