Board Calculates Penalty in Asbestos Violation Case

Read more from the EPA decision in this asbestos violation case.  This section clarifies that the Board calculates the amount of the penalty.

However, the Board also “reserves the right to closely scrutinize substantial deviations from the relevant penalty policy and may set aside the ALJ’s penalty assessment and make its own de novo penalty calculations where the ALJ’s reasons for deviating from the penalty policy are not persuasive or convincing.”

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