KIENAST-EPA LAWSUIT

I. INTRODUCTION

This civil administrative penalty proceeding arises under the authority of Section 113(d) of the Clean Air Act ("CAA" or "Act"), 42 U.S.C. § 7413(d). The applicable rules of procedure governing the instant matter are the Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation/Termination or Suspension of Permits ("Consolidated Rules") 40 C.F.R. Part 22.

The Director of the Air and Radiation Division, United States Environmental Protection Agency, Chicago, Illinois ("Complainant" or "EPA") filed the Complaint in this matter against L.G. Kienast Utility Construction and Lu Vern G. Kienast ("Respondents") on May 18, 2001 alleging violations of the Clean Air Act, 42 U.S.C. §§ 7401 et seq., by Respondents in their demolition of the H.D. Hudson Manufacturing plant ("Hudson facility" or "facility") at 106 East Tennessee Avenue, Oshkosh, Wisconsin. The Complaint charges Respondents with eleven violations of Section 112 of the Clean Air Act, 42 U.S.C. § 7412, for allegedly failing to comply with the National Emission Standards for Hazardous Air Pollutants for Asbestos ("NESHAP" or "asbestos NESHAP") regulations 40 C.F.R. Part 61, Subpart M. Complainant claims that Respondents violated the asbestos NESHAP regulations for 1) demolition and renovation; and 2) waste disposal for manufacturing, fabricating, demolition, renovation, and spraying operations, 40 C.F.R. §§ 61.145 and 61.150. The EPA seeks a civil administrative penalty of $113,600 for the alleged violations.