Document EgOegODbQZdLkVrKn1gbpj10

TDH TEXAS DEiHiTMcNT Oh HEALTH Texas Department of Health David R. Smith. M D. Commissioner Randy P. Washington Deputy Commissioner for Health Care Financing Toxic Substances Control Division 1100 West 49th Street Austin, Texas 78756-3199 (512)834-6600 Carol S. Daniels Deputy Commissioner for Programs Roy L. Hogan Deputy Commissioner for Administration CERTIFIED MAIL - RETURN RECEIPT REQUESTED December 4, 1996 Mr. Andrew F. Jackson Union Carbide Corporation 3301 5th Avenue South Texas City, Texas 77592-0471 RE: Notice of Violation Proposed Administrative Penalty Against: Mr. Andrew F. Jackson, Union Carbide Corporation Notification No. 6091377 Union Carbide Corporation, 3301 5th Avenue South, Galveston, Texas Dear Mr. Jackson: On September 16, 1996, the Texas Departme- of Health (Department. Toxic Substances Control Division, Asbestos Programs Branch, received the notification f \ for tli. above referenced project. The form was postmarked on September 10, 1996, and the scheduled start date for the project was September 23, 1996. The Department is authorized to enforce the Texas Asbestos Health Protection Act (Act) and the Texas Asbestos Health Protection Rules (Rules), [Title 25 of the Texas Administrative code (TAC), Chapter 295], and the National Emission Standards for Hazardous Air Pollutant (NESHAP), 40 CFR Part 61, Subpart M. Copies of the Act and Rules are available for your review at any of our regional offr .. A copy of NESHAP can be found in the Federal Register. After reviewing the submitted notification form, the Department has determined that th? notification is in violation of the following provision of TAC and/or NESHAP. http://ww. tdh. state, tx. us An Equal Employment Opportunity Employer UCTC 17658 Mr. Andrew F. Jackson December 4, 1996 Page 2 VIOLATION: FAILURE TO PROVIDE A TIMELY NOTIFICATION OF ASBESTOS RELATED ACTIVITIES. 25 TAC 295.61 AND 40 CFR PART 61, SUBPAkf M 61.145(b). Section 295.61 TAC states "Written notification of asbestos abatement activity or demolition must be hand delivered, expres mailed, or postmarked at least 10 working days (not calendar days) before the start of activities which may disturb asbestos. Notifica'' ns must be delivered by United States Postal Service, commercial delivery service, or by hand delivery'. Telephone facsimile (FAX) is not permit:.xi ..." 40 CFR Part 61, Subpart M 61.145(b) states "Each owner or operator of a demolition or renovation activity to which this section applies shall: ... (3) Postmark or deliver as follows: (I) At least 10 working days before asbestos stripping or removal work or any other activity begins ... If the operation is as described in paragraph (a)(2) of thi: section, notification is required 10 working days before demolition begins." A review of the Department's record indicates that the notification form submitted for the demolition Yc ovation project at Union Carbide Corporation, 3301 5th Avenue South, Galveston, Texas, was not postmarked 10 working days prior to the scheduled start date. Proposed Penalty: Serious Violation, Severity Level II, First Occurrence - $1,000.00 per day. The notification was in violation for 1 d jS. The proposed penalty for the/all alleged violation(s) is $1,000. According to the Rules, the following three options are available: 1. The violation is acknowledged and the proposed penalty paid w' ''in thirty (30) days of receipt of this letter to Texas Department of Health Account #7C790-001; or 2. Ai Informal Settlement Conference is requested. If this option is selected and an agreement is not reached, a Formal Hearing will be requested; or 3. A Formal Hearing to contest this action is request. In this case, a jyri^oi reqi est for such a haling must be sent within thirty (30) days of receipt nf this letter to Mr. Claren J. Kotrla, Director, Toxic Substanc.s Control Division, Texas Departme of Health, 1100 W. 49th Street, Austin, Texas 78 /56-3199. UCTC 17659 Mr. Andrew F. Jackson December 4, 1996 Page 3 If no response is received by the Department by the thirtieth (30th) day, the Commissioner of Health, or his designee, will issue an order assessing the penalty or requiring a hearing. Hearing' are conducted in accordance with the provisions of the Administrative Procedures Act, Texas Government Code, Chapter 2001 and the Department's formal he ing procedures in Title 25, Texas Administrative Code, Sections 1.21 through 1.34. Should you wish to discuss this action or have any questions concerning our intentions, plea- : contact Mr. Horace A. Edison, R.S., Compliance and Enforcement Coordinator, Enforcement Program at (512) 831-6600 or (800) 572-5548 (in Texas). Sincerely, Claren J. Kotrla, Director Toxic Substances Control Division CW cc: Texas Department of Health, Public Health Region 6 (Harvey Houng, P.E., Ph.D.) EPA Region 6 f:.. Anotnov96\33015tha.day ii-u-n UCTC 17660