EPA ASBESTOS COMPLAINT
Did Friedman & Schmitt Construction Co. exceed EPA's threshold for asbestos removal?

EPA says Friedman & Schmitt exceeded threshold of asbestos application

The Region’s Complaint identified the "Facility" as consisting of both Building #2 and the Calderwood Apartments identified as 2901, 2911, and 2931 Calderwood Lane. It stated further that the units located in Building #2 and the Calderwood Apartments were an "installation" and "facility" within the meaning of the federal Asbestos NESHAP.

The Complaint alleged that Friedman & Schmitt removed over 160 square feet of RACM from this Facility, "including floor linoleum backing and ceiling texturing." Thus, the Region clearly stated in its Complaint that the linoleum removed from the Calderwood Apartments exceeded the 160-square-foot threshold for application of the Asbestos NESHAP.

In addition, the transcript of the evidentiary hearing shows that, at the commencement of the hearing, before any witnesses were called or evidence introduced, Friedman & Schmitt’s attorney made an oral motion to "eliminate any testimony with respect to the Calderwood Apartments, because basically that’s in the Complaint for no purpose other than prejudicial purposes."

Friedman & Schmitt’s attorney also stated that he had a meeting with the Region’s attorney "back shortly after this was filed," during which they discussed Friedman & Schmitt’s argument that evidence regarding the Calderwood Apartments should be excluded from consideration.

He also stated that, "The way the Complaint is framed, your Honor, the Calderwood Apartments are part and parcel of the proof or evidence that the government would expect to present here." Thus, the Region’s effort to introduce evidence at trial concerning the Calderwood Apartments did not surprise Friedman & Schmitt.

Courtesy of The EPA