EPA Violations Asbestos | Merit Construction Case

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News Summary

The EPA has taken action against Merit Construction Company for serious alleged violations of the Clean Air Act concerning asbestos regulations during renovation work at a dental office in Stonecrest, Georgia. A Consent Agreement was entered into following an inspection that revealed no asbestos inspections were performed before renovation commenced. This oversight raises significant health and safety concerns for workers and nearby residents. A civil penalty of $5,425 has been imposed, although MCC neither admits nor denies the allegations. This case highlights the critical importance of adherence to environmental regulations.

Major Violation in Georgia: Merit Construction Company Faces EPA Allegations

The United States Environmental Protection Agency (EPA) has stepped into a significant controversy involving the Merit Construction Company (MCC), highlighting serious alleged breaches of the Clean Air Act asbestos regulations. On August 28th, a formal Consent Agreement was entered into, recorded under Docket No. CAA-04-2025-0004(b), over MCC’s handling of renovation activities at a dental office located in Stonecrest, Georgia.

The Renovation Incident

The facility in question was classified as a commercial building at the time of the renovation. As per the guidelines defined under 40 C.F.R. § 61.141, this classification categorizes it as a facility subject to strict regulations regarding the management of asbestos materials. Importantly, MCC had the responsibility as the contractor overseeing these renovation activities, thereby designating the company as an owner or operator of a demolition or renovation activity.

Failure to Inspect

An essential aspect of ensuring safety during any renovation project, especially in buildings potentially containing asbestos, is conducting a thorough inspection prior to work commencement. However, an on-site inspection of the facility carried out by the EPA on March 12th revealed troubling circumstances. MCC did not perform any asbestos inspection before launching its renovation activities, which raised significant alarm bells.

Alleged Violations

The EPA is asserting that this oversight represented a clear violation of Section 112 of the Clean Air Act and 40 C.F.R. Part 61, Subpart M, which outlines the National Emission Standard for Asbestos. Specifically, this violation stems from MCC’s failure to verify the presence of any asbestos-containing materials prior to beginning renovation activities. This negligence puts not only the workers at risk but also the surrounding community, who may be exposed to harmful asbestos fibers.

Consequences for MCC

As a result of these violations, a civil penalty amounting to $5,425.00 has been levied against MCC. While the Consent Agreement has been established, it is important to note that MCC neither admits nor denies the allegations outlined in the agreement, a common legal maneuver that allows the company to address the issue without a full admission of guilt.

Further Information and Implications

For those looking for more detailed information about the Consent Agreement, it can be downloaded directly from the relevant resources. However, it is essential to consider that the contents of this update may possess limitations in applicability depending on individual circumstances. Therefore, seeking specific legal advice is recommended for those who may be affected by similar situations or those engaged in renovation projects in older buildings.

Conclusion

This case emphasizes the vital nature of following environmental regulations designed to protect public health and safety—particularly concerning the management of hazardous materials like asbestos. The implications of this incident extend beyond just the fine; it serves as a stark reminder for all contractors to ensure that proper safety inspections and procedures are in place before undertaking any renovation work. Vigilance in adhering to regulations not only safeguards workers but also fortifies the well-being of surrounding communities from potential health risks.