Region’s Penalty Evidence and Friedman & Schmitt’s Arguments

At the evidentiary hearing, the Region introduced the testimony of Robert Trotter, the Region 9 Asbestos NESHAP Coordinator, to explain the Region’s rationale for requesting a civil administrative penalty of $134,500.

Mr. Trotter explained that the Region’s proposed penalty was calculated in accordance with the Asbestos Penalty Policy. The Asbestos Penalty Policy recommends first calculating a “preliminary deterrence amount” by assessing an economic benefit component and a gravity component.

Under the Asbestos Penalty Policy’s guidance, the preliminary deterrence amount is then adjusted upwards or downwards to take into account a variety of other factors.