State Enforcement

States that have implemented their own asbestos regulations can independently enforce them. State regulations must be at least as stringent as AHERA, and therefore an AHERA violation also will be a state violation. For example, the Washington State Department of Labor and Industries penalized a consultant for violating AHERA and the Washington Industrial Safety and Health Act in Prezant Assocs. v. Labor Indus. In that case, an asbestos 

Protocol for Conducting Environmental Compliance Audits of Facilities with PCBs, Asbestos, and Lead-based Paint Regulated under TSCA. EPA 300-B-00-004. (Mar. 2000). available t/iro h http //cfpub.epa.gov/compliance/resources/policies/incentives/auditing/. 

This case did not discuss the possibility of a breach of contract action for failure to comply with AHERA, but suggests that such an action may be possible where a consultant agrees to be bound by the procedural requirements of AHERA. 

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The multi-residue method DFG was intended to be used in state enforcement laboratories or in private contract or food industry laboratories. It was aimed initially only at plant materials and water and included a relatively large number of pesticides which are amenable to GC. 

Co-operative legislation In view of the increasing complexity of economic processes and technology, legislators have increasingly to rely on economic information in order to draw np the regnlative framework conditions in a practicable way. On the other hand, the economy needs state enforced mles in order to facilitate fair competition, while at the same time protecting both health and the envi-romnent. 

Similar to other federal enviromnental laws, enforcement is shared by the ERA and the states. Because of delegation agreements (to be addressed next), however, the majority of actions taken to enforce the law are undertaken by states. This accords the states the primary responsibility, with the ERA having oversight of state enforcement. The ERA also retains the right to bring a direct action when it believes that a state has failed to take timely and appropriate action or where a state or local agency requests ERA involvement. 

Notification of previous employment, closes that loophole for CDL drivers by requiring that they provide a 10-year employment history whether their state enforces 391.21 or not. 

Is your state enforcing 383.51 As of September 30,2005, all states must enforce the disqualification mies set forth in 383.51. Remember, this mie applies to all states. If your operation has drivers hired out of multiple states, you will need to become aware of how the states involved enforce the provisions of 383.51. 

EPA has developed primary and secondary drinking water standards under its SDWA authority. EPA and authorized states enforce the primary drinking water standards, which are contaminant-specific concentration limits that apply to certain public drinking water supplies. 

When and where do I have to contact a State EPA While the EPA has enforcement authority under FIFRA it also has the authority to grant states primary responsibility for enforcement. States must have an EPA approved enforcement program and they may enforce FIFRA. Generally, registered sites are visited by the State enforcement agency once a year and samples are taken to validate that the amount of active is within the allowed limits and that production records match annual production reports. 

Miners given right to request a federal inspection State enforcement plans discontinued Mandatory fines for all violations... 

Placed coal mines, metal, and nonmetal mines under a single law, with enforcement provisions similar to the 1969 act. Separate safety and health standards were retained Moved enforcement agency to Department of Labor, renamed it MSHA Required fom annual inspections at aU tmderground mines, two at aU surface mines Eliminated advisory standards for metal and nonmetal mines Discontinued state enforcement plans in metal and nonmetal sectors Provided for mandatory miner training Required mine rescue teams for aU tmderground mines... 

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