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Asbestos NESHAP Inspection and Safety Procedures Workshop

Asbestos NESHAP Inspection and Safety Procedures Workshop. Section Seventeen Legal Perspectives. October 2008. Topics. Authority for Inspections Evidence Required Enforcement Options Other Potential Violations Consent Decrees. Authority for Inspections. Clean Air Act Section 114

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Asbestos NESHAP Inspection and Safety Procedures Workshop

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  1. Asbestos NESHAP Inspection and Safety Procedures Workshop Section Seventeen Legal Perspectives October 2008

  2. Topics • Authority for Inspections • Evidence Required • Enforcement Options • Other Potential Violations • Consent Decrees

  3. 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

  4. 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

  5. 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 standards

  6. 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

  7. Facility or Installation • Facility • Installation • Note type of building or buildings • Note number of dwelling units • >1 bldg? discuss purpose/scope of demo/reno

  8. Demolition or Renovation • Demolition • Renovation • Determine onsite activities

  9. Activity Involved Asbestos • Take samples • Analyze at EPA approved laboratory

  10. Activity Involved Friable Asbestos Material • Test material • Document wet/dry differences

  11. Activity Involved Jurisdictional amount • 260/160/35 • Measure amount removed/disturbed • Document method • Interview employees • Blueprints

  12. Defendant Acted Knowingly(Criminal) • History? • Training? • Ignored inspection results and did dry removal?

  13. Criminal Investigation

  14. 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

  15. Enforcement Options • Civil judicial • Civil administrative • Criminal

  16. Other Potential Violations • CERCLA • Knowing Endangerment

  17. 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

  18. Knowing Endangerment • Knowingly release hazardous air pollutant • Most serious crime under CAA • Fines and/or imprisonment up to 15 years

  19. Consent Decrees • Designed to enhance future compliance with regulation • May replace fines • Various provisions

  20. The End! Questions?

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