February 07, 2022
EPA recently published its Semiannual Agenda of Regulatory and Deregulatory Actions. In the Semiannual Agenda, EPA provides notice of plans to review, propose, and issue regulations. The full Agenda can be found here. If you would like to comment on any of the items in EPA’s Agenda, you can find instructions on how to do so at https://www.regulations.gov.
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Agenda Item |
Stage of Rulemaking |
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Emergency Planning and Community Right-to-Know Act: Amendments and Streamlining Rule (2050-AG40) |
Prerule |
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PFAS-Related Designations as CERCLA Hazardous Substances (2050-AH25) |
Prerule |
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Integrating e-Manifest with Exports and Other Manifest-Related Reports, PCB Manifest Amendments, and Technical Corrections (2050-AH12) |
Proposed Rule |
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Designating PFOA and PFOS as CERCLA Hazardous Substances (2050-AH09) |
Proposed Rule |
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Petition to Delist Hazardous Air Pollutants: 2-Butoxyethyl Benzoate (2-BEB) (2060-AU75) |
Proposed Rule |
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Petition to Delist Stationary Combustion Turbines from the List of Categories of Major Sources of Hazardous Air Pollutants (2060-AU78) |
Proposed Rule |
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Addition of 1-bromopropane to Clean Air Act Section 112 HAP List (2060-AS26) |
Final Rule |
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National Emission Standards for Hazardous Air Pollutants for Major Sources: Industrial, Commercial, and Institutional Boilers and Process Heaters: Amendments (2060-AU20) |
Final Rule |
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National Emission Standards for Hazardous Air Pollutants: Stationary Combustion Turbines; Amendments (2060-AV03) |
Final Rule |
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Revisions to the Fees Rule Under the Toxic Substances Control Act (TSCA) (2070-AK64) |
Proposed Rule |
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Procedures for Submitting Information Subject to Business Confidentiality Claims Under the Toxic Substances Control Act (TSCA) (2070-AK68) |
Proposed Rule |
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Toxic Release Inventory (TRI); Response to Petition from the Toxics Use Reduction Institute (TURI) to Add 25 Chemicals (2070-AK26) |
Proposed Rule |
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Parent Company Definition for Toxics Release Inventory (TRI) Reporting (2070-AK42) |
Proposed Rule |
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Changes to Reporting Requirements for Per- and Polyfluoroalkyl Substances; Community Right-to-Know Toxic Chemical Release Reporting (2070-AK97) |
Proposed Rule |
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Significant New Uses of Chemical Substances; Updates to the Hazard Communication Program and Regulatory Framework; Minor Amendments to Reporting Requirements for Premanufacture Notices (2070-AJ94) |
Final Rule |
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Toxics Release Inventory (TRI); Addition of Natural Gas Processing Facilities (2070-AK16) |
Final Rule |
How Is DOT Helping During the Pandemic?
The Pipeline and Hazardous Materials and Safety Administration (PHMSA) has issued a number of actions during the Covid-19 national public health emergency. Some of these have expired, such as the temporary policy to transport certain alcohol-based hand-sanitizers or the policy regarding hazmat training requirements for maritime workers. Other actions are still in effect such as enforcement discretion regarding cylinders exceeding periodic requalification testing dates. If you are interested in a safety advisory for the transport of Covid-19 diagnostic samples, have questions related to actions or transport of Covid-19, click here to review.
Environmental Resource Center is happy to help you with your training needs. If you ship any type of hazardous material, including infectious substances, contact us to set up on-site or virtual training with our expert trainers.
EPA Reaffirms Scientific, Economic, and Legal Underpinnings of Limits on Toxic Emissions
EPA recently proposed to reaffirm the scientific, economic, and legal underpinnings of the 2012 Mercury and Air Toxics Standards (MATS) for power plants, which require significant reductions of mercury, acid gases, and other harmful pollutants. Controlling these emissions improves public health for all Americans by reducing fatal heart attacks, reducing cancer risks, avoiding neurodevelopmental delays in children, and helping to restore certain ecosystem functions that people and businesses value. These public health improvements are especially important for children and particularly vulnerable segments of the population such as Indigenous communities, low-income communities, and people of color who live near power plants or are affected by hazardous air pollution. The proposal, which responds to President Biden’s January 20, 2021, Executive Order 13990, “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis,” would reverse a rule issued by the previous administration in May 2020, which undermined the legal basis for these vital health protections.“Sound science makes it clear that we need to limit mercury and toxins in the air to protect children and vulnerable communities from dangerous pollution,” said EPA Administrator Michael S. Regan. “EPA is committed to aggressively reducing pollution from the power sector so that all people, regardless of zip code or amount of money in their pocket, can breathe clean air and live healthy and productive lives.”
The proposal would leave the current emissions standards unchanged but would ensure the continuation of public health protections provided by these requirements, while seeking information from the public on opportunities for additional pollution reductions. Taking account of the burden that hazardous air pollutants including mercury impose on public health as well as the costs of controlling these emissions, EPA proposes to find that it is appropriate and necessary to regulate emissions of air toxics from power plants under the Clean Air Act.
The MATS, combined with advancements in the power sector, have driven sharp reductions in harmful pollutants. EPA has estimated that by 2017, mercury emissions from power plants were reduced by 86 percent, acid gas emissions were reduced by 96 percent, and non-mercury metal emissions were reduced by 81 percent compared to pre-MATS levels in 2010.
Prior to the MATS, power plants were the largest domestic source of mercury and other toxic pollutants such as hydrogen chloride and selenium. They were also among the largest domestic contributors of arsenic, chromium, cobalt, nickel, hydrogen cyanide, beryllium, and cadmium.
The initial appropriate and necessary finding was made in 2000 and affirmed in 2012 and 2016. In May 2020, the previous administration reversed EPA’s 2016 finding, undermining the legal basis for the Mercury and Air Toxics Standards. President Biden’s Executive Order 13990 directed EPA to review that finding and consider an action to rescind it. In the recent action, EPA proposes to find that the 2020 action was based on a fundamentally flawed interpretation of the Clean Air Act that improperly ignored or undervalued vital health benefits from reducing hazardous air pollution from power plants. Based on a thorough review of these benefits, the reasonable costs of controls, and other relevant factors, EPA is proposing to reaffirm that it is appropriate and necessary to regulate emissions of hazardous air pollutants from coal- and oil-fired power plants.
The agency is also continuing to consider the MATS Risk and Technology Review, as directed by Executive Order 13990, to determine whether more stringent protections for hazardous air pollution from power plants are feasible and warranted. To support that review, EPA is soliciting information on the performance and cost of new or improved technologies or methods of operation to control hazardous air pollution emissions, as well as risk-related information, as a part of this proposal.
EPA will accept comment on the proposal for 60 days after publication in the Federal Register. The agency also plans to hold a virtual public hearing. Details about the hearing will be announced online in the coming weeks.
Hazardous Waste Violations Led to Fine in New Mexico
The New Mexico Environment Department (NMED) has reached settlement with MCT Industries (MCT) concerning hazardous waste storage practices. During NMED’s inspection on July 20, 2020, the Department cited MCT for the following alleged violations:- Failure to perform hazardous waste determinations
- Failure to properly establish and label hazardous waste accumulation areas within the facility
- Failure to keep containers of hazardous waste closed and sealed
- Failure to properly post emergency information for employees and first responders
- Failure to ensure all employees were familiar with proper hazardous waste handling
- Failure to label containers of used oil
- Failure to properly manage wastes like fluorescent lightbulbs in a manner to ensure safe disposal
MCT promptly corrected the alleged violations and will pay a final penalty of $12,600 as a result of these alleged violations. MCT agreed to further improve their hazardous waste management program with enhanced recycling practices and better container management. The $12,600 penalty collected funds the Department’s emergency response across the state.
NMED publishes a quarterly performance assessment that includes aggregate data on the percentage of facilities in compliance compared to in violation for most of the regulatory programs the Department administers. In the first quarter of fiscal year 2022 (July 1, 2021, to September 30, 2021), approximately 56% of the hazardous waste facilities inspected were in violation of applicable requirements. Environmental Resource Center offers comprehensive training to help ensure you are managing hazardous waste properly. Click here for a list of courses.
EPA Settlements Ensure that Three New England Companies Provide Public with Chemical Information
Three companies operating in New England have reported publicly on their use of certain chemicals, creating a safer environment for the public, because of investigations and enforcement actions taken by the EPA. The companies are in Bristol, Conn., Norwood, Mass. and Providence, R.I.Companies and facilities are required to report annually on their use of certain chemicals and substances under the federal Emergency Planning and Community Right-to-Know Act (EPCRA) Section 313. The reports are filed in EPCRA's Toxic Release Inventory (TRI) database, which is available to the public. Complying with EPCRA and TRI helps ensure that communities are informed about chemical usage that may affect public health and the environment.
"To inform the public and protect communities, EPA requires companies and organizations that manufacture, process, or otherwise use certain chemicals to report this information publicly every year. This reporting is an important part of ensuring that local communities have access to information about the presence of chemicals in their area," said EPA New England Acting Regional Administrator Deborah Szaro.
EPA alleged that CertainTeed LLC, in Norwood, Mass., owned by the French company Saint-Gobain, failed to timely file TRI reports for zinc compounds and chromium compounds for reporting years 2017, 2018, and 2019. Following EPA's notification about the alleged violations, CertainTeed LLC filed the required information. CertainTeed LLC has agreed to pay a settlement penalty of $104,572.
EPA alleged that Manchester Street, LLC, operating in Providence, R.I., failed to timely file TRI reports for ammonia for reporting years 2018 and 2019. Following EPA's notification about the alleged violations, Manchester Street, LLC filed the required information. Manchester Street, LLC has agreed to pay a settlement penalty of $11,707. Manchester Street, LLC's Rhode Island facility is located in an environmental justice area.
EPA alleged that Clean Harbors of Connecticut, Inc., operating in Bristol, Conn., failed to timely file TRI reports for zinc compounds and nitrate compounds manufactured at the company's Bristol waste treatment facility in calendar years 2017, 2018, and 2019. Following EPA's notification about the alleged violations, Clean Harbors of Connecticut, Inc. filed all six of its overdue reports. Clean Harbors of Connecticut, Inc. has agreed to pay a settlement penalty of $30,688.
Under federal TRI regulations, companies that use certain listed chemicals must report their chemical releases each year to EPA. This information serves as the basis for the Toxic Release Inventory, which is a collection of data that can be readily reviewed by communities, government, and industry. Because the information is available to the public, companies have an incentive to reduce harmful chemical use and improve their environmental performance. TRI reporting informs surrounding communities about a facility's toxic chemicals that could potentially harm public health and the environment.
All three companies quickly corrected their non-reporting when notified of their oversight and cooperated with EPA throughout the enforcement process.
Power Plant Fined $125,000 for Air Pollution Violations
A Maryland Department of the Environment (MDE) enforcement action against the owner of a Prince George’s County power plant includes a significant financial penalty and a requirement to help fund an environmental education program serving students from communities near the facility.A settlement of alleged air pollution violations by PSEG Keys Energy Center LLC requires the facility to pay a $125,000 civil penalty to MDE and provide $75,000 for an environmental program led by the Patuxent Riverkeeper. The alleged violations occurred at the PSEG Keys Energy-owned power plant in the Brandywine area of Prince George’s County. The program is to serve environmentally overburdened minority communities in that area.
“The Maryland Department of the Environment is committed to clean air and environmental justice,” said Maryland Environment Secretary Ben Grumbles. “This enforcement action ensures accountability and creates opportunity for Brandywine and other nearby communities threatened by pollution.”
MDE alleged a series of air pollution violations at the PSEG Keys Energy plant, including exceedances of emissions limits for particulate pollution from late September through early December 2019 and of the facility’s carbon monoxide limit during a startup in July 2020. MDE also alleged that the plant failed to conduct a required analysis to optimize performance of its boiler.
The January 19 settlement agreement requires the plant owner to pay the financial penalty to MDE within 90 days. The settlement agreement states that the plant has taken corrective actions to resolve the allegations and made physical and operational changes that reduce their chance of recurrence.
That settlement also requires a $75,000 payment to EarthReports Inc., trading as the Patuxent Riverkeeper, for a Supplemental Environmental Project that serves people, organizations or communities in the vicinity of the PSEG plant, including the Brandywine area of Prince George’s County.
The settlement money is to be used toward the Patuxent Summer Skills Boot Camp, a series of intensive outdoor experiences in warm weather months where young people in Brandywine and the vicinity can experience the natural environment and acquire outdoor skills that build confidence and personal character while reinforcing important values and knowledge, including environmental stewardship. The program aims to make the experience of a summer camp available to young people who would not otherwise have such opportunities, either for reasons of prohibitive expense or lack of cultural traditions for being outdoors and experiencing nature firsthand. Stewardship projects such as trash cleanups, water monitoring, and other hands-on pursuits will feature prominently. At least $1,000 of the funds will be used to plant trees in the Brandywine area. The initial grant funds will serve as seed money for buying equipment and supplies and to offset some incidental expenses for those who volunteer as camp educators, and to purchase a used vehicle to transport students to and from the various learning module sites on and near the Patuxent River. The long-term goal is for the program to become self-sufficient through fees and funding support from various other sources in the future.
A partnership with the Prince George’s County public schools’ William S. Schmidt Outdoor Education Center assures that the project will have the support of, and synchronicity with, the local outdoor school curriculum, which in turn will assure a steady supply of young learners to participate. Other partners in the program are the Audubon Naturalist Society’s Taking Nature Black and Naturally Latinos programs and the Maryland-National Capital Park and Planning Commission.
Oregon OSHA Proposed Rules to Protect Workers Against Extreme Heat and Wildfire Smoke
Oregon OSHA proposed rules that would strengthen protections for Oregon workers against health and safety hazards linked to the impacts of climate change: extreme heat and wildfire smoke. The rules would provide the strongest such protections in the nation.The proposed heat illness prevention rule encompasses a variety of protective measures, including access to shade and cool water, work/rest schedules, information and training, and other preventive actions and plans. The proposed wildfire smoke rule includes an array of exposure assessments and controls, and training and communication steps.
Both rule proposals encompass protective measures for workers who rely on employer-provided housing, including as part of farm operations.
Development of the rule proposals – which build on temporary emergency rules adopted in summer 2021 – included extensive input and review by rule advisory committees, and employer and labor stakeholders. The rule development process also featured worker and community stakeholder listening sessions.
“These rulemaking efforts demonstrate our commitment to bolstering Oregon’s ability to protect workers – especially vulnerable workers who work outdoors – from extraordinary hazards that have been worsened by climate change,” said Andrew Stolfi, director of the Oregon Department of Consumer and Business Services (DCBS), which includes Oregon OSHA. “The dangers of extreme heat and wildfire smoke are not going away. That is why we must continue to build up our safeguards against them.”
Oregon OSHA is seeking public input on the proposed rules in a variety of ways through mid-March. The proposed heat rule will have three virtual public hearings at 6 p.m. Wednesday, Feb. 23; 6 p.m. Thursday, Feb. 24; and 10 a.m. Friday, Feb. 25. The proposed wildfire smoke rule will have three virtual public hearings at 6 p.m. Wednesday, March 2; 6 p.m. Thursday, March 3; and 10 a.m. Friday, March 4. Details on how to sign up for the hearings – as well as other options for making comments – are now available for heat and wildfire smoke.
“We welcome public input on these rule proposals, which are intended to increase protections for workers while creating greater clarity, practicality, and predictability for employers as they move forward,” said Lou Savage, interim administrator for Oregon OSHA. “These proposals reflect Oregon OSHA’s longstanding mission to advance safety and health for all Oregon workers.”
The division anticipates adopting the rules in April 2022, ahead of the grow and wildfire seasons. The rulemaking efforts are part of Oregon’s larger and ongoing work – initiated by Oregon Gov. Kate Brown – to mitigate the impacts of climate change.
Oregon OSHA encourages careful readings of the heat and wildfire smoke rule proposals.
Violations at Henderson Sawmill, Pallet Manufacturer Led to Fatal Injuries
A federal investigation into fatal injuries suffered by an 86-year-old worker at a Henderson sawmill and pallet manufacturer found the company exposed workers to hazardous energy sources and lack of machine guarding.OSHA opened an inspection on July 28, 2021, after receiving a report that the worker had fallen from a stack of pallets on July 6, 2021, at W.D. Townley and Son Lumber Company Inc.
OSHA cited the company for willful violations for failing to use energy control procedures and implement a hearing conservation program, as required by law. The agency also issued citations for serious violations for lack of machine guarding, failing to use personal protective equipment, not addressing the hazards from operating powered industrial trucks, and neglecting to notify OSHA within 8 hours of a work-related fatality as required. The lumber company faces $389,706 in proposed penalties.
“Sawmill operations can be hazardous work, but it should not be life-threatening,” said OSHA Area Director Basil Singh in Dallas. “W.D. Townley and Son Lumber Company Inc. showed a complete disregard for their employees’ well-being. OSHA will hold employers accountable when they neglect their legal responsibility to provide workers with a safe workplace.”
Seafood Processor Fined for Repeated Water Quality Violations
The Department of Ecology has fined Safe Coast Seafoods $69,348 for ongoing water quality violations at their seafood processing facility located at the Port of Ilwaco.Under the company’s water quality permit with Ecology, Safe Coast Seafoods has specific requirements for monitoring, reporting, operations, and maintenance, and must limit their discharges into Baker Bay to protect the water.
Since taking ownership of the seafood processing facility in late January 2021, Safe Coast Seafoods exceeded effluent discharge limits during every month from March through August, incorrectly reported some pollutants, and failed to file reports for September and October 2021.
During March through August high levels of chlorine, E. coli, and pH were reported 21 times, exceeding the permitted limits. In addition, samples were analyzed for Fecal Coliform, but reported as E. coli in reports from March through July.
On July 1, 2021, Ecology issued a Notice of Violation for effluent limit violations and requested a report within 30 days indicating what steps were being taken to correct the violations. On Aug. 6, 2021, Ecology received a response from the company indicating that malfunctioning pumps were to blame for the violations and that repairs had been made. However, the effluent discharge report for August, showed that limits were again exceeded for chlorine and E. coli.
Baker Bay contains estuarine mudflats, emergent wetlands, and open marine water. It is home to numerous wildlife species including salmon, crab, shorebirds, and eagles. Maintaining water quality standards and eliminating pollution is critical to protecting the health of this important ecosystem.
Maryland Cement Plant to Pay $110,000 Penalty for Clean Air Violations
The Maryland Department of the Environment has secured an enforcement action against a Western Maryland cement plant for the alleged violation of clean air regulations. A settlement agreement in the case requires payment of a $110,000 penalty and includes provisions for additional financial penalties to deter future violations.The settlement agreement resolves alleged violations of air pollution regulations at the Holcim (US) Inc. Portland cement plant in Hagerstown. The alleged violations occurred in 2018, 2019 and 2020, and they include exceedances of emissions limits for mercury, sulfur dioxide and total hydrocarbons, along with failure to take required actions related to visible emissions and monitoring.
“All facilities must do their part to protect public health and keep our communities clean,” said Maryland Environment Secretary Ben Grumbles. “The Department of the Environment works in collaboration with regulated businesses to ensure they comply with our clean air requirements, but when they don’t, we will take enforcement, including penalties, corrective actions, and increased monitoring.”
The settlement agreement also lists stipulated penalties for any future exceedances of emissions limits relating to mercury, sulfur dioxide and total hydrocarbons over the next twelve months.
$1 Million Fine Levied for Environmental and Safety Violations
Signal Peak Energy LLC, which admitted to willful violation of health and safety standards at its underground coal mine near Roundup by failing to report injuries to workers and improperly disposing mine waste, was sentenced to pay a $1 million criminal fine and to three years of probation, U.S. Attorney Leif M. Johnson said.
Signal Peak Energy pleaded guilty in October to four counts of willful violation of health and safety standard, a misdemeanor.
U.S. Magistrate Judge Timothy J. Cavan presided. Judge Cavan followed the terms of a plea agreement by imposing the statutory maximum $250,000 fine for each count of conviction and ordering probation. Judge Cavan also ordered $400 restitution to be paid to one of the injured workers.
“This case holds Signal Peak Mine accountable for its utter disregard for environmental and worker health and safety standards. Mine owners provided little in the way of meaningful oversight of mine operations as long as the mine’s managers could meet reported safety and production goals. That lax oversight fostered a climate of fraud, which cost the mine $1 million in fines. In addition, mine managers lied about the mine’s expenses, its safety record, and other matters, which separately resulted in individual criminal convictions and charges for nine persons, including former mine vice presidents and their associates, on crimes ranging from embezzlement, tax evasion and bank fraud to money laundering, drugs and firearms violations. I want to thank Assistant U.S. Attorneys Colin M. Rubich, Zeno B. Baucus and Timothy Tatarka along with the IRS, FBI, Department of Labor and Environmental Protection Agency for investigating and prosecuting this case and bringing wrongdoers to justice,” U.S. Attorney Johnson said.
"The IRS, along with our law enforcement partners, will vigorously pursue corporate officers who victimize their investors and violate the public trust," said Andy Tsui, Special Agent in Charge of the Denver Field Office, IRS Criminal Investigation. "High-ranking corporate officials hold positions of trust not only in their companies but also in the eyes of the public. That trust is broken when such officials abuse their power and commit crimes.”
“Signal Peak, under the direction of its former corrupt top executives, perpetuated an unsafe work environment for several years,” said Special Agent in Charge Dennis Rice of the Salt Lake City FBI. “Federal law entitles everyone to a safe workplace, and we encourage the public to report hazardous working conditions or any wrongdoing so a proper investigation can take place.”
“The provisions of the Mine Safety and Health Act are essential to keeping miners safe on the job, and operators have a responsibility under the law to ensure those protections are in place at all times,” said Department of Labor Regional Solicitor John Rainwater. “We are pleased that our Department of Justice and Environmental Protection Agency partners take mine safety and health seriously and will not hesitate to use all available tools to make mines safer through prosecutions like these.”
“Signal Peak Energy violated mandatory health and safety standards by pumping mine water waste down bore holes without the required permits,” said Special Agent in Charge Lance Ehrig of EPA’s Criminal Investigation Division in Montana. “Today’s sentencing demonstrates that EPA and its partners will hold corporations accountable when they ignore environmental regulations and put worker’s health at risk.”
In the Signal Peak Energy case, the government alleged in court documents that from 2013 through 2018, Signal Peak Energy habitually violated mandatory health and safety standards in the Mine Safety and Health Act during the mine’s operation. These violations included both environmental safety and worker safety standards. The violations occurred with the full knowledge, direction and participation of the mine’s most senior management during that period, including the president and CEO, the vice president of surface operations, the vice president of underground operations and the safety manager.
The government further alleged that senior managers directed mine employees to improperly dispose of mine waste by pumping the waste, known as slurry, into abandoned sections the mine and failed to report as required injuries to employees while pressuring injured workers not to report injuries as work related. One worker suffered a crushed finger that later required amputation and a second worker suffered a severe head laceration.
Assistant U.S. Attorneys Colin M. Rubich, Zeno B. Baucus and Timothy Tatarka prosecuted the case, which was investigated by the IRS Criminal Investigation, FBI, Department of Labor and Environmental Protection Agency.
Developer and Contractor Settle Allegations of Illegal Asbestos Work
A Georgia-based property development corporation and its contractor will pay up to $325,000 to settle allegations of illegal asbestos abatement work during excavation and construction activities for the development of a large-scale condominium complex in North Reading, Attorney General Maura Healey announced recently.The consent judgments, entered in Suffolk Superior Court, settle allegations that Pulte Homes of New England, LLC (Pulte) and J&J Contractors, Inc. (J&J) violated the state’s Clean Air Act and its regulations governing asbestos by causing or allowing excavation work at the Lowell Road development where workers did not use proper handling practices and did not properly secure asbestos, impacted during excavation, for safe storage and disposal.
“These defendants put the health of their workers at risk when they failed to take the proper safety precautions during this construction project,” AG Healey said. “Contractors and developers who encounter asbestos during their work must comply with the law and safely handle, store, and dispose of the material, and we will hold accountable those who don’t.”
According to the AG’s complaint, Pulte hired J&J as its contractor for the construction, demolition, and subsequent redevelopment of multiple large condominium buildings at the North Reading property. The AG’s Office alleges that despite reports that identified the presence of underground utility lines and piping with thermal system insulation – a friable asbestos – inside the pipes, Pulte and J&J excavated the pipes and utility lines, breaking the asbestos in to pieces. According to the complaint, Pulte and J&J then piled the utility lines and piping at the site, which they loosely covered or removed off-site without properly handling, wetting, or storing. The AG’s Office further alleges that the defendants stockpiled and processed, by screening or sifting, a large pile of soil containing pieces of underground piping with asbestos without taking precautions to minimize the release of dust emissions from the soil pile containing asbestos. The complaint alleges that the material contained numerous pieces of piping and visible pieces of thermal system insulation.
“It is critically important that property owners, as well as construction companies, identify asbestos-containing materials and ensure that those materials are properly removed before beginning any demolition or renovation, particularly near populated areas,” said Eric Worrall, director of the Northeast Regional Office of the Massachusetts Department of Environmental Protection (MassDEP). “Asbestos is a known carcinogen and following the required work practices is imperative to protect workers and the public.”
Under the terms of the settlement, Pulte is required to pay $175,000 in civil penalties and identify an on-site representative who will be responsible for ensuring that any future asbestos work is conducted in accordance with the Clean Air Act and asbestos regulations. The settlement also requires J&J to pay $150,000 in civil penalties, with $25,000 of that amount suspended pending compliance with the consent judgment. Additionally, J&J is required to submit to the state a sworn certification that each of its employees who supervises or directs any construction, demolition, or renovation activity at the site has successfully completed an asbestos supervisor training course.
Asbestos is a mineral fiber that has been used in a wide variety of building materials, from roofing and flooring, to siding and wallboard, to caulking and insulation. If asbestos is improperly handled or maintained, fibers can be released into the air and inhaled, potentially resulting in life-threatening illnesses, including asbestosis, lung cancer, and mesothelioma. Asbestosis is a serious, progressive, and long-term disease for which there is no known effective treatment. Mesothelioma is a rare form of cancer that is found in the thin membranes of the lung, chest, abdomen, and heart, that may not show up until many years after exposure, and that has no known cure, although treatment methods are available to address the effects of the disease.
AG Healey has made asbestos safety a priority. In November 2019, the AG’s Office released a report, highlighting the work of her office’s “Healthy Buildings, Healthy Air Initiative.” Since September 2016, the AG’s Office, with the assistance of MassDEP, has successfully brought asbestos enforcement cases that together have resulted in nearly $5.7 million in civil penalties.
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