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Asbestos NESHAP Inspection and Safety Procedures Workshop

Asbestos NESHAP Inspection and Safety Procedures Workshop. Chapter Seventeen Legal Perspectives. 2014. 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 Chapter Seventeen Legal Perspectives 2014

  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 and/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

  15. Failure to Comply with WorkPractice Standards, cont’d • Worker training • Preparation for transport and disposal • Proper disposal 15

  16. Enforcement Options Civil judicial Civil administrative Criminal

  17. Other Potential Violations CERCLA Knowing Endangerment

  18. 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

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

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

  21. The End! Questions?

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