On February 22, 2018, EPA, Region III, filed a Consent Agreement and Final Order settling an administrative action against Eastern Sod Farms LLC and William H. Radford Landscape Contractors (Respondents) for alleged violations of the CAA's asbestos NESHAP (40 C.F.R. Part 61, Subpart M) in connection with the renovation or demolition of the Old Farmhouse Nursery in Smyrna, Delaware. The Asbestos NESHAP promotes public health by requiring advance notification to the state and EPA of planned removals and use of safe work practices to minimize asbestos emissions and exposure. In Section 112 of the CAA, Congress identified asbestos as one of many hazardous air pollutants that presents, or may present, a threat of adverse human health or environmental effects. The State of Delaware requested EPA's assistance in this matter, participated in the inspection and was notified of this action.
The CAFO resolves violations alleged in the Administrative Complaint and Notice of Opportunity for Hearing issued in September 2017. In the Complaint, EPA alleged that Respondents failed to: 1) provide EPA with written notice of intent to renovate/ demolish; 2) keep removed asbestos adequately wet (to prevent emissions); and 3) have a representative trained in the requirements of asbestos NESHAP on site during the asbestos removal. Pursuant to the CAFO, Respondents will pay a civil penalty of $18,900 in settlement. This amount reflects Respondents' ability to pay and other factors.