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 2

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 3

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 4

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 5

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 6

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 7

8. Demolition or Renovation Demolition Renovation Determine onsite activities 8

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

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

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

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

13. Criminal Investigation 13

14. Failure to Comply with Work Practice Standards Notification Wet removal Lowering of ACM Maintenance of wet condition Worker training Preparation for transport and disposal Proper disposal 14

15. Enforcement Options Civil judicial Civil administrative Criminal 15

16. Other Potential Violations CERCLA Knowing Endangerment 16

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 17

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

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

20. The End! Questions?