Illegal Asbestos Removal

Tragically, exposure to asbestos continues today when workers and the public are subject to asbestos “tear out” that violates federal regulations.

Federal Regulations Governing Asbestos Removal

The Clean Air Act requires the U.S. Environmental Protection Agency (EPA) to develop and enforce regulations to protect the general public from exposure to airborne contaminants that are known to be hazardous to human health. Under this act, the EPA established the National Emissions Standards for Hazardous Air Pollutants (NESHAP) to protect the public. Asbestos was one of the first hazardous air pollutants regulated under NESHAP.

The Asbestos NESHAP regulations protect the public by minimizing the release of asbestos fibers during activities involving the processing, handling, and disposal of asbestos-containing material. And, the Asbestos NESHAP specifies work practices to be followed during demolitions and renovations of all structures, installations, and buildings (excluding residential buildings that have four or fewer dwelling units). In addition, the regulations require the owner of the building and/or the contractor to notify applicable state and local agencies and/or EPA Regional Offices before all demolitions, or before renovations of buildings that contain a certain threshold amount of asbestos.

Violations of the Law Today

Despite these regulations, the Occupational Safety and Health Administration, state attorneys general, and the EPA continually levy fines and in some cases prison sentences against building owners and asbestos removal companies for violations of these rules.

In October 2004, the U.S. EPA fined the owners of a restaurant and motel on Lake Tahoe $50,000 for asbestos violations. According to the EPA, the business owners failed to notify officials of the asbestos removal, and improperly removed and disposed asbestos ceiling materials during a 2001 renovation project.

Recently, the Occupational Safety and Health Administration proposed a $1.5 million penalty against a building owner who was accused of using untrained workers to remove asbestos. Three of the workers were seriously injured when an explosion and fire occurred at a Houston, Texas building where they were removing asbestos.

Another instance involved three men who were convicted for their part in a conspiracy to recruit untrained laborers from a soup kitchen, transport them to a manufacturing plant, and direct them to remove hazardous asbestos. The three men were sentenced from 24 to 33 months in prison. There have been similar cases prosecuted around the country where homeless, transient, and undocumented workers have been put to work to remove asbestos without the proper training, protection, or safeguards.

Following the sentencing of these men, the National Coalition for the Homeless announced it would distribute an advisory, developed by the U.S. Department of Justice and the EPA to homeless-care providers warning of the dangers of asbestos in building materials and cautioning workers to be on guard for employers who offer “tear out” work without providing the necessary training and protection.

Take Action

The Department of Justice and the EPA continue to crack down on illegal asbestos removal. If you suspect an asbestos removal violation, contact your EPA regional asbestos coordinator at www.epa.gov/asbestos or call the EPA’s hotline at 1-800-368-5888.