# SHELL OIL COMPANY
> **Administrative - Formal** · FY1995 · — · Final Order With Penalty
## Case
- **Activity ID:** `36178`
- **Case Number:** 06-1995-0309
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** Final Order With Penalty
- **Penalty assessed:** $42K
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- KIMMINS ABATEMENT CORPORATION (complaint)
- PARSONS SIP INC. (complaint)
- S & B ENGINEERS & CONSTRUCTORS (complaint) (settlement)
- SHELL OIL COMPANY (complaint) (settlement)
## Summary

1. SECTION 113(D) OF THE CLEAN AIR ACT ( CAA ), AS AMENDED,     42 U.S.C. SEC. 7413(D).                                   2. SHELL OIL COMPANY                                            KIMMINS ABATEMENT CORPORATION                                S & B ENGINEERS & CONSTRUCTORS                               PARSONS SIP INC.                                             SHELL REFINERY (FACILITY)                                    DEER PARK, TEXAS                                          3. RESPONDENTS VIOLATED SECTION 112 OF THE CAA BY 1) FAILING    TO PROVIDE ADVANCE NOTIFICATION OF ASBESTOS REMOVAL, 2)      FAILING TO ENSURE THAT STRIPPED OR REMOVED ABESTOS CON-      TAINING MATERIALS REMAINS WET UNTIL COLLECTED AND CON-       TAINED OR TREATED FOR DISPOSAL, AND 3) FAILING TO MARK       VEHICLES USED TO TRANSPORT ASBESTOS-CONTAINING WASTE MA-     TERIAL DURING THE LOADING AND UNLOADING SO THAT THE SIGNS    ARE VISIBLE.                                              4. RELIEF SOUGHT PURSUANT TO SECTION 113(D) OF THE CAA, EPA     PROPOSES A PENALTY OF $90,000.00.                         5. THIS CASE IS UNIQUE IN THAT IT INVOLVES THE EXCAVATION OF    ASBESTOS THAT WAS BURIED LONG AGO. SHELL AND ITS CONTRAC-    TORS WILL ARGUE THAT THE ASBESTOS NESHAP IS NOT APPLIC-      ABLE TO THIS ACTIVITY. REGIONAL COUNSEL DETERMINED THAT      THIS ACTIVITY WAS SUBJECT PER MEMO OF JUN. 14, 1993. IN      ADDITION, THIS ISSUE WAS CLEARLY NOTED IN THE REFERRAL       PACKAGE TO DOJ. THE REFERRAL WAS 

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*Source: [EPA ECHO](https://echo.epa.gov/) · AI Analytics · CC0 1.0*