Document k99e12aVvvbZ55YVb2vx243Kq

FILE NAME: Calaveras (CALV) DATE: 1984 Sept 1 DOC#: CALVO 15 DOCUMENT DESCRIPTION: CA State Report of Violation State os California AIR RESOURCES BOARD Compliance Division Report of Violation 84-9-1 Calaveras Asbestos Ltd. P.O. Box 127 Copperopolis, California 95228 A. Applicable Legal Requirements 1. Section 112 of tne clean Air Act established tne National Emission Standards for Hazardous Air Pollutants. Subpart B, National Emission Standard for Asbestos, as contained in 40 CFR 61.22(f) provides as follows: "Rather than meet the no-visible-emission requirements as specified by paragraphs (a), (c), (d), (e), (h), (j), and tk) of this section, an owner or operator may elect to use the methods specified by Section 61.23 to clean emissions containing particulate asbestos material before such emissions escape to. or are vented to the outside air." 2. Section 112 of the Clean Air Act established the National Emission Standards for Hazardous Air Pollutants. Subpart B, National Emission Standard for Asoestos, as contained in 40 CFR 61.22(k) provides as follows: "Haste disposal for asbestos mills: Tne owner operator of any source covered under the provisions of paragraph (a) of this section shall meet the following standard: (1) There shall be no visible emissions to the outside air, except'as providec, in paragrapn (k )(3) of this section, during the collection, processing, packaging, transporting or deposition of 1 000098 any asoestos-containing waste material wnich is generated by such source. (2) Ail asbestos-containing waste material shall be deposited at waste disposal sites which are operated in accordance witn'the provisions of Sections 61.25. (3) Rather than meet the requirement of paragraph (k }(1) of this section, an owner or operator may elect to meet the following requirements in paragraphs ik)(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 () of this section. Such waste shall be subsequently processed either as specified in paragrapn (k)(3)(ii; of tnis section or as specified in paragraph (j)(3) of this section. (ii) All asoestos-contaimng waste material shall be adequately mixed. with a wetting agent recommended by the manufacturer of tne agent to effectively wet dust and tailings, prior to deposition at a waste disposal site. Such agent shall be used as recommended tor the particular dust by the manufacturer of the agent. There shall oe no discharge of visible emissions to the outside air from the wetting operation except as specified in paragraph (f J of this section. Wetting may be suspended when the amnient temperature at the waste disposal site is less than -95C (ca. 15F). Tne ambient air temperature snail oe determined by an appropriate measurement method witn an accuracy of 000099 2 + 1C (+2F) and recorded at least at hourly intervals during the period that the operation o the wetting system is suspended. Records of s u c h temperature measurements snail De retained at the source for a minimum of two years and made available for inspection by the Administrator." a. Violation Calaveras Asbestos, Ltd. violated Section 61.22(k ) of the National Emission Standard for Hazardous Air Pollutants (Asbestos) in that: Cneryl C. Haaen and Frederick D. Schmidt of the Compliance Division of the Air Resources Board observed visible emissions from the waste disposal system tailings conveyor, specifically, at the E-5 headpulley water screw #2 and at the transfer between the E-5-A and E-5-B conveyors, while conducting an inspection on June 19, 19b4. The emissions were generated despite the use of a water spray dust supressant system. C. ' Applicable Penalties Section i.l3tbj of tne Clean Air Act provides as follows: "The Administrator shall in the case of any person which is the owner or operator of a major stationary source, and may, in tne case of any other person, commence a civil action for a permanent or temporary injunction, or to assess and recover a civil penalty of not more than 525,000 per day of violation, or both, whenever sucn pers >n ... violates section ... Ii2(c) ..." j 000100