The Asbestos Penalty Policy

The Asbestos Penalty Policy recommends initial gravity-based penalties for different types of violations of the Asbestos NESHAP. The chart for work-practice violations includes adjustments for the amount of RACM involved in the violation, with higher penalties as the amount of RACM increases. The increases are based on the number of asbestos “units” involved in the project, with a “unit” being equal to the threshold for NESHAP applicability (i.e., 260 linear feet, 160 square feet or 35 cubic feet).

Using these guides, Mr. Trotter calculated a recommended gravity-based penalty of $15,000 for Friedman & Schmitt’s failure to provide notice prior to removal of RACM, a $2,000 gravity-based penalty for the failure to maintain waste shipment records, and a $13,500 gravity-based penalty for the failure to keep RACM wet until collected for disposal.

Under the Asbestos Penalty Policy guidance, the initial gravity-based penalty is then adjusted upward to take into account the size of the violator and any economic benefit obtained from the violations.