Document 44zL1pKmKaO455eOD7deNmR7p

FILE NAME: Calaveras (CALV) DATE: 1980 July 30 DOC#: CALVO 11 DOCUMENT DESCRIPTION: Government Order from EPA UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX 215 Fremont S treet San Francisco, Ca. 94105 CERTIFIED MAIL NO. 0550167 RETURN RECEIPT REQUESTED In Reply Refer tot E-3-1 ENF 3-5-5 Docket No. 9-80-14 Mr. Gordon Coats President Calaveras Asbestos, Ltd. p .o . b o x 127 Copperopolis, CA 95228 80 JUL198Q Dear Mr. Coats: Pursuant to Section 113(a)(3) of the Clean Air Act, as amended (42 U.S.C. 7401, et seq.), attached is an Order requiring compliance immediately and in the future by Calaveras Asbestos, Ltd. with 40 CFR Part 61, Subpart B National Emission Standard for Asbestos. The Order is based upon the Finding of Violation attached thereto. Any viola tion of this Order may subject Calaveras Asbestos, Ltd. to a civil action for appropriate relief, under Section 113(b). Section 113(c) provides for criminal penalties for knowing violation of an Order. In addition, sources which are in violation after August 7, 1979, may be subject to noncompli ance penalties under Section 120 of the Act. If you have any questions concerning this matter, please contact Paula Bisson of my staff at (415)556-6150. Sincerely yours, Director Enforcement Division Attachments cc: California Air Resources Board Calaveras County Air Pollution Control District UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX In the Matter of ) ) Calaveras Asbestos, Ltd. ) Copperopolis, California } ) Proceeding under Section 113(a)(3) ) Clean Air Act, as amended ) Order Docket No. 9-80-14 Order The following Order is issued this date pursuant to Section 113(a)(3) of the Clean Air Act, as amended, 42 U.S.C. 7413 (hereinafter referred to as the "Act"). On the basis of the Findings at tached hereto and made a part of this Order, the Director, Enforcement Division, Region IX, Environmental Protection Agency, pursuant to authority delegated by the Administrator and redelegated by the Regional Administra tor, finds that Calaveras Asbestos, Ltd. located near Coppero polis, California has violated Section 112 of the Act, National Emission Standards for Hazardous Air Pollutants, in that Calaveras Asbestos, Ltd. failed to comply with 40 CFR 61.22(a) which requires that there be no visible emissions to the outside air from any asbestos mill except as provided in paragraph (f) of this section. In addition, Calaveras Asbestos, Ltd. has failed to comply with 61.22(k) dealing with waste disposal. Taking these findings into consideration, and after a thorough investigation of all relevant facts, including the 1 seriousness of the violation and any good faith efforts to com ply, it has been determined that compliance in accordance with the schedule hereinafter set forth is reasonable. Ordered That Calaveras Asbestos, Ltd. shall comply forthwith and in the future with all of the requirements of 40 CFR Part 61, Sub part B - National Emission Standard for Asbestos. Dated: 2 9 JUt taso Clyde^B. Eller Director Enforcement Division 2 \ UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX In the Matter of ) ) Calaveras Asbestos, Ltd, ) Copperopolis, California ) ) Proceeding under Section 113(a)(3) ) Clean Air Act, as amended ) Finding of Violation Docket No. 9-80-14 Finding of Violation I. The Director, Enforcement Division, Region IX, Environmental Protection Agency (EPA), pursuant to authority delegated by the Administrator and redelegated by the Regional Adminis trator, makes the following findings: A . On April 6, 1973, May 3, 1974, and October 14, 1975, pursuant to Section 112 of the Clean Air Act, as amended, 42 U.S.C. 7412 (hereinafter referred to as the "Act"), the Administrator of the U.S. Environmental Protection Agency promulgated National Emission Stan dards for Hazardous Air Pollutants, 40 CFR Part 61. B. The National Emission Standards for Hazardous Air Pollutants (NESHAPs) contain certain general and specific provisions applicable to national emission standards for asbestos, including the following: 1. 40 CFR 61.22(a), Emission standard states the following: 1 "Asbestos mills: There shall be no visible emissions to the outside air from any asbestos mill except as provided in paragraph (f) of this section." Paragraph (f) allows the use of a fabric filter to clean emissions before they are vented to the out side air. 2. 40 CFR 61.22(k) states in part as follows: "(k) Waste disposal for asbestos mills: The owner or operator of any source covered under the pro visions of paragraph (a) of this section shall meet the following standard: "(1) There shall be no visible emissions to the outside air, except as provided in paragraph {k )(3) of this section, during the collection, processing, packaging, transporting or deposition of any asbestos-containing waste material which is generated by such source. * * * "(3) Rather than meet the requirement of paragraph (k)(l) of this section, an owner or operator may elect to meet the following requirements in para graphs (k)(3)(i) and (ii)., or use an alternative disposal method which has received prior approval by the Administrator: "(i) There shall be no visible emissions to the outside air from the transfer of control device asbestos waste to the tailings conveyor, except as provided in paragraph (f) of this section. Such waste shall be subsequently processed either as specified in paragraph (k)(3)(ii) of this section or as specified in paragraph (j){3) of this section. "(ii) All asbestos-containing waste material shall be adequately mixed, with a wetting agent recom mended by the manufacturer of the agent to effec tively wet dust and tailings, prior to deposition at a waste disposal site. ..." 2 C . Calaveras Asbestos, Ltd. (hereinafter referred to as the "Company") has failed to comply with the aforemen tioned provisions in that: 1. On May 14, 1980, the California Air Resources, * Board (CARB) conducted an on-site inspection of the Calaveras Asbestos, Ltd. facility near Copperopolis, California. The CARB inspectors observed visible emissions emanating from the feed to the horizontal ore dryer. Such emissions are in violation of 40 CFR 61.22(a). 2. During the inspection visible emissions were also observed from the end of the tailings conveyor as the tailings fell onto the tailings pile. These emissions are in violation of 61.22(k). 3 . On June 16, 1980, the Calaveras County Air Pollution Control District inspected the Calaveras Asbestos, Ltd. facility and observed visible emissions from the .MK 3 and 4 baghouse which control emissions from the horizontal dryer. This is a violation of 40 CFR 61.22(a). In addition, visible emissions were observed from the conveyor transfers in violation of 61.22(10 . II. On the basis of the facts enumerated above, the Director, Enforcement Division, Environmental Protection A.gency, Region IX finds that: 3 A . Calaveras Asbestos, Ltd. has violated 40 CFR 61.22(a) and (k) in that visible emissions were observed being emitted from the feed to the horizontal ore dryer, from baghouse MK 3 and 4 and from the tailings conveyor. Dated: 2 9 JUL 1980 CIyd 'B. Director Enforcement Division 4