'This action seeks civil penalties and permanent injunctive relief against the defendants for violating the CAA regulations for asbestos under 40 CFR part 61, Subpart M, known as the National Emission sStandards for Hazardous Air Pollutants (NESHAP) for Asbestos. This regulation requires owners or operators of a renovation or demolition activity to conduct a survey for the presence of asbestos of the affected structures it plans to demolish prior to the demolition, to remove any asbestos prior to the demolition and it also establishes notification requirements. PRHTA and its contractors, violated the requirements of the asbestos NESHAP for their failure to conduct an asbestos survey of the affected structures and failure to comply with the notification requirements.
The Region''s staff also believes that it will be useful to seek a permanent injunction against all of the defendants requiring them to comply with the Asbestos NESHAP for all present and future activities covered by the regulations. For the benefit of the U.S. department of Justice, EPA is providing two different possible penalty scenarios (EPA considered the two scenarios using two possible definitions of the term residential unit established under NESHAP).
Statutory Maximum Amount
$508,500 for the 1st scenario
$1,658,500 for the 2nd scenario'