CIVIL PENALTY: Asbestos Violations of the Clean Air Act

The assessment of a civil administrative penalty for violations of the asbestos NESHAP regulations at 40 C.F.R. Part 61, Subpart M and Section 112 of the Clean Air Act ("CAA" or "Act") is governed by Section 113(d)(1) of the Act. Section 113(d)(1) of the Clean Air Act authorizes the assessment of civil administrative penalties of up to $25,000 per day of violation. 42 U.S.C. § 7413(d)(1). Section 113(e) of the Act sets forth various criteria that the EPA and the ALJ must consider in determining the appropriate amount of the civil administrative penalty for violations of the Act. Section 113(e), in pertinent part, provides that:

[T]he Administrator or the court, as appropriate, shall take into consideration (in addition to such other factors as justice may require) the size of the business, the economic impact of the penalty on the business, the violator’s full compliance history and good faith efforts to comply, the duration of the violation as established by any credible evidence (including evidence other than the applicable test method), payment by the violator of penalties previously assessed for the same violation, the economic benefit of noncompliance, and the seriousness of the violation.

42 U.S.C. § 7413(e)(1).