Asbestos NESHAPInspection and SafetyProcedures Workshop

Section Seventeen

Legal Perspectives

October 2008

Topics

• Authority for Inspections

• Evidence Required

• Enforcement Options

• Other Potential Violations

• Consent Decrees

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Authority for Inspections

• Clean Air Act Section 114• Permitted Activities

– Sampling– Photography– Visual observations

• If denied access, may apply for a warrant

• Inspector may NOT order work to stop

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To obtain a warrant:

• Will vary by jurisdiction• Show inspection was scheduled:

– under “neutral” format OR– for probable cause

• Provide:– name of owner– street address of facility

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Evidence Required

• Owner or operator• Facility or installation• Demolition or renovation• Asbestos/Friable asbestos material• Jurisdictional amount• Defendant acted knowingly (criminal)• Defendant failed or caused others not

to comply with work practice standards5

Owner or Operator...

• Person who owns, leases, operates, controls or supervises the:– facility being demolished or renovated– demolition or renovation operation or both– active waste disposal site that receives

ACWM– conversion operations

• There may be numerous owners and operators within a facility; this can be complicated 6

Facility or Installation

• Facility• Installation• Note type of building

or buildings• Note number of

dwelling units• >1 bldg? discuss

purpose/scope of demo/reno

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Demolition or Renovation

• Demolition• Renovation• Determine onsite activities

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Activity Involved Asbestos

• Take samples• Analyze at EPA

approved laboratory

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Activity Involved Friable Asbestos Material

• Test material• Document wet/dry differences

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Activity Involved Jurisdictional amount

• 260/160/35• Measure amount removed/disturbed• Document method• Interview employees• Blueprints

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Defendant Acted Knowingly(Criminal)

• History?• Training?• Ignored inspection results and did dry

removal?

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Criminal Investigation

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Failure to Comply with WorkPractice Standards

• Notification• Wet removal• Lowering of

ACM• Maintenance of

wet condition

• Worker training• Preparation for

transport and disposal

• Proper disposal

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Enforcement Options

• Civil judicial

• Civil administrative

• Criminal

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Other Potential Violations

• CERCLA

• Knowing Endangerment

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CERCLA

• Must report release to National Response Center

• Reportable quantity = 1 lb. pure asbestos– Not one pound of ACM

• Fines and/or imprisonment up to 3 years

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Knowing Endangerment

• Knowingly release hazardous air pollutant

• Most serious crime under CAA• Fines and/or imprisonment up to 15

years

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Consent Decrees

• Designed to enhance future compliance with regulation

• May replace fines• Various provisions

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The End!

Questions?