Citizens Suits, and Criminal Enforcement

The ERA can seek injunctions under AHERA if a violation poses an imminent and substantial endangerment to human health or the environment. Most of the enforcement options available for non-asbestos violations are also available for asbestos violations. For example, TSCA 16 authorizes the 

The statutory provision for these penalties is TSCA 16. and the penalty increases were promulgated in 73 Fed. Reg. 75340.75341.75345 (Dec. 11 2008). 

In The Matter of Louis W. Alves and Associates. Inc.. Docket No. TSCA-09-93-0009. 2 (Region 9 Judicial Officer. 1994). 

EPA to seek injunctions to compel compliance with AHERA even if there is no substantial endangerment, and offers a much broader basis for obtaining an injunction than the AHERA provisions. Knowing or willful AHERA violations can lead to criminal prosecution. 

Anyone can file a citizen complaint if there is ACM in a school building, and the EPA or state must investigate and respond.Citizens petitions seeking issuance, amendment, or repeal of AHERA regulations may be brought under AHERA or under the citizens petition provisions of TSCA 20.225 

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