Classifying Friedman & Schmitt development project

We find that Friedman & Schmitt’s "major renovation project" at the Town & Country Village (which included the removal of 264 square feet of linoleum from those Calderwood Apartments subsequently demolished to allow Mr. Friedman to construct a larger building as an anchor grocery store) was a single "installation" and therefore a "facility" within the meaning of the Asbestos NESHAP, 40 C.F.R. § 61.141.

In particular, the Calderwood Apartments and Building #2 were all part of a "development project" at the Town & Country Village that was similar to the examples of covered projects in the 1990 Preamble. As such, the Town & Country Village development project is appropriately regarded as a single renovation or demolition site.

In addition, the Calderwood Apartments and Building #2 were under the common ownership or control of Mr. Friedman. In particular, Mark Friedman testified that the project "was comprised of separate — several separate legal parcels that were acquired over time by my father or by partnerships that he controlled." Accordingly, we find that both conditions for a group of buildings to be considered an "installation" within the Asbestos NESHAP’s definition were satisfied in this case.