FIVE PERSONS RECEIVE PRISON SENTENCES FOR ROLES INVOLVING THE IMPROPER DISPOSAL OF ASBESTOS

FROM:  U.S. JUSTICE DEPARTMENT

Department of Justice

Office of Public Affairs

Thursday, January 22, 2015

Owners & Managers of Former Salvage Operations at Former Textile Plant in Tennessee Sentenced to Prison for Conspiracy Associated with Illegal Asbestos Removal

U.S. District Judge Ronnie Greer sentenced five people to prison terms in federal court in Greeneville, Tennessee, late yesterday for conspiring to commit Clean Air Act offenses in connection with the illegal removal and disposal of asbestos-containing materials at the former Liberty Fibers Plant in Hamblen County, Tennessee, the Justice Department announced.  A&E Salvage had purchased the plant out of bankruptcy in order to salvage metals which remained in the plant after it ceased operations.

U.S. District Judge Greer sentenced Mark Sawyer, 55, of Morristown, Tennessee, a former manager of A&E Salvage, to the statutory maximum of five years in prison, to be followed by two years of supervised release.  A&E Salvage manager Newell Lynn Smith, 59, of Miami, Florida, was sentenced to 37 months and two years of supervised release.  A&E Salvage Manager Eric Gruenberg, 50, of Lebanon, Tennessee, received a 28-month sentence.  Armida, 56, and Milto DiSanti, 54, of Miami, Florida, each received sentences of six months in prison, to be followed by six months of home confinement.  The judge ordered all the defendants to pay restitution of more than $10.3 million, which will be returned to Environmental Protection Agency’s (EPA) Superfund, which was used to clean up the plant site contamination.

The sentencing took place over three days and included expert testimony that the exposures of the A&E Salvage workers to asbestos resulted in a substantial likelihood that the workers would suffer death or serious bodily injury as a result of their exposure constituted a risk of death or serious bodily injury.

“These co-conspirators took unacceptable and illegal risks with workers lives and the community’s health,” said Assistant Attorney General John C. Cruden of the Justice Department’s Environment and Natural Resources Division.  “These significant sentences should send a message that illegal asbestos removal can have serious consequences, including a prison term for those responsible.”

According to court documents, all the defendants pleaded guilty to one criminal felony count for conspiring to violate the Clean Air Act’s “work practice standards” salient to the proper stripping, bagging, removal and disposal of asbestos.  According to the charges, the conspirators, engaged in a multi-year scheme in which substantial amounts of regulated asbestos containing materials were removed the former Liberty Fibers plant without removing all asbestos prior to demolition and stripping, bagging, removing and disposing of such asbestos in illegal manners and without providing workers the necessary protective equipment.  Asbestos has been determined to cause lung cancer, asbestosis and mesothelioma, an invariably fatal disease.  The EPA has determined that there is no safe level of exposure to asbestos.

“We take our responsibility to protect the environment of East Tennessee very seriously, especially when it involves the health and safety of its residents,” said U.S. Attorney Bill Killian of the Eastern District of Tennessee.  “We will continue to aggressively prosecute those who violate the laws restricting substances which can potentially cause serious diseases.  EPA, TDEC, Senior Trial Attorney Todd Gleason and Assistant U.S. Attorney Matthew Morris should be commended for their combined efforts which resulted in a successful outcome in this case.”

“Illegal disposal of asbestos endangers human health, plain and simple,” said Special Agent in Charge Maureen O’Mara of EPA’s Criminal Enforcement Program in Tennessee.  “The defendants conspired to violate the Clean Air Act by hiring untrained workers to remove materials, without proper safety equipment, that contained asbestos.  This put not only the workers’ health and safety at great risk, but that of the entire community.  Today’s sentencing demonstrates that EPA and its partner agencies will prosecute those who pollute the environment by breaking the law.”

This case was investigated by Special Agents of the Environmental Protection Agency and individuals from the Tennessee Department of Environmental Conservation.  The case was prosecuted by Assistant U.S.  Attorney Matthew T. Morris and Senior Trial Attorney Todd W. Gleason, Environmental Crimes Section of the Department of Justice.

DISPOSAL WELL OPERATOR PLEADS GUILTY TO MULTIPLE CHARGES INVOLVING WELL OPERATIONS

FROM:  U.S. JUSTICE DEPARTMENT 

Friday, September 26, 2014

Saltwater Disposal Well Operator Pleads Guilty to Multiple Felony Charges in Connection with Operation of Well

Nathan R. Garber, 45, of Kalispell, Montana, pleaded guilty in federal court in Bismarck to eleven felony charges stemming from the operation of a saltwater disposal well near Dickinson, in Stark County, North Dakota, the Justice Department announced.

Garber pleaded guilty to one count of conspiracy to violate the Safe Drinking Water Act and defraud the United States.  He also pleaded guilty to five counts of violating the Safe Drinking Water Act, two counts of making false statements, two counts of falsification of records and one count of concealment or cover up of a tangible object.

The well, named the Halek 5-22, received “produced water” constituting “brine and other wastes” commonly and generically referred to as “saltwater.”  “Saltwater” in this context covers a wide array of drilling waste fluids, including hydraulic fracturing fluid, which is water combined with chemical additives such as biocides, polymers and “weak acids.”  The EPA has stressed that this water is often saltier than seawater and can “contain toxic metals and radioactive substances.”

“Every aspect of domestic energy extraction, including the disposal of wastewater, must accord with the nation’s environmental laws that protect air, water and soil from contamination,” said Sam Hirsch, the Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division.  “The American people expect nothing less than safe, responsible and legal behavior from those involved in oil and gas development in the Bakken and elsewhere.  The Justice Department will vigorously prosecute those who violate this trust and the law.”

“The convictions secured today on 11 felony counts underscores the seriousness of the conduct here,” said U.S. Attorney Timothy Purdon of the District of North Dakota.  “Any time anyone in the Bakken oil boom region puts our water supplies at risk for contamination by intentionally breaking the laws in place to protect that water, the North Dakota U.S. Attorney’s Office, the Department of Justice and our partners at Environmental Protection Criminal Investigation Division will use every tool at our disposal to ensure that these offenders are brought to justice.  I want to particularly commend the Environmental Protection Agents based in Helena, Montana who worked this case.  Their commitment to this investigation, despite the fact that it being an eight hour one-way drive from their office, never  wavered.  Their commitment to make sure that this complex investigation was handled with the professionalism and skill it needed deserves special recognition and underscores the importance of ensuring that the Bakken region has access to these skilled Agents on a permanent basis.”

“As oil and natural gas development continues, it must be done in a way that ensures drilling byproducts are disposed of safely and legally,” said Special Agent in Charge Jeffrey Martinez of EPA’s criminal enforcement program in North Dakota.  “The defendant’s disregard of environmental regulation under the Safe Drinking Water Act put human health and the environment at serious risk.  Today’s plea demonstrates that EPA and its law enforcement partners are committed to protecting North Dakota’s precious water sources and the communities that rely upon them.”

According to an agreed-upon factual statement filed in court, Garber admitted to conspiring with others in a number of coordinated and illegal acts.  For instance, Garber injected saltwater into the well without first having the state of North Dakota witness a test of the well’s integrity, causing a regulator to determine that there was no assurance as to the integrity of the well and that “the fluid could be going anywhere.”  Garber also violated a February 2012 order from the state to stop injecting until a well integrity test was done.  When questioned by the state about these injections, Garber made false statements in a March 6, 2012 email where he denied that these injections occurred.

The well failed a pressure test on Feb. 2, 2012, and Garber continued to inject saltwater even though he knew that the well did not have integrity and thus posed an increased risk of contaminating ground water.

Further, Garber moved a device called a “packer” up the wellbore in violation of the well’s permit, without first getting approval from the state.  A properly placed packer is an essential device to maintaining integrity of the well and ensuring wastewater does not escape into surrounding soil and groundwater.

 Then, Garber gave false information to a state inspector regarding the depth of the packer.

A search warrant was executed at the well on Nov. 20, 2013, and it was confirmed that the packer had been moved up in the wellbore and was significantly higher than the depth that had been initially represented by Garber.  Despite illegally moving the packer on Feb. 14, 2012, Garber continued to inject saltwater into the well until on or about March 5, 2012, when a state employee shut the well in.

The case was investigated by the U.S. Environmental Protection Agency’s Criminal Investigation Division.  Significant cooperation was provided by the North Dakota Industrial Commission (NDIC).  The case is being prosecuted by the United States Attorney’s Office for the District of North Dakota and the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division.

SALVAGE COMPANY OWNER PLEADS GUILTY FOR ROLE IN CONSPIRACY TO VIOLATE CLEAN AIR ACT

FROM:  U.S. JUSTICE DEPARTMENT 

Wednesday, May 14, 2014

Tennessee Salvage Company Owner and Operator Pleads Guilty to Conspiring to Violate the Clean Air Act

The owner and operator of a Tennessee salvage and demolition company, A&E Salvage Inc., pleaded guilty today in federal court in Greeneville, Tennessee, for conspiring to violate the Clean Air Act.

Mark Sawyer pleaded guilty before U.S. District Court Judge Greer for the Eastern District of Tennessee to one criminal felony count for conspiring to violate the Clean Air Act’s “work practice standards” salient to the proper wetting, stripping, bagging and disposal of asbestos.  According to the charges, Sawyer, along with other co-conspirators, engaged in a multi-year scheme in which substantial amounts of regulated asbestos containing materials were improperly removed from components of the former Liberty Fibers Plant or were illegally left in place during demolition.

Sawyer faces up to five years in prison and a fine of up to $250,000 or twice the gross gain or loss to the victims.  Sawyer is the last of five charged co-defendants to plead guilty.  Sawyer, Eric Gruenberg, Nick Smith, Armida DiSanti and Milto DiSanti are due to be sentenced on Nov. 19, 2014.

Asbestos has been determined to cause lung cancer, asbestosis and mesothelioma, an invariably fatal disease.  The Environmental Protection Agency has determined that there is no safe level of exposure to asbestos.

This case was investigated by Special Agents of the Environmental Protection Agency’s Criminal Investigation Division.  The case is being prosecuted by Assistant U.S. Attorney Matthew T. Morris of the U.S. Attorney’s Office for the Eastern District of Tennessee and Senior Trial Attorney Todd W. Gleason of the Environmental Crimes Section of the Justice Department’s Environment and Natural Resources Division.

CO-OWNER PIPES SUPPLY COMPANY PLEADS GUILTY TO MAKING FALSE STATEMENT TO EPA

FROM:  U.S. JUSTICE DEPARTMENT

CO-OWNER OF NEW JERSEY INDUSTRIAL PIPES SUPPLY COMPANY PLEADS
GUILTY TO MAKING FALSE STATEMENT IN CONNECTION WITH SUPERFUND INVESTIGATION

WASHINGTON — A co-owner of a Middlesex, N.J., industrial pipes, valves and fittings supply company pleaded guilty today to one count of making a false statement, the Department of Justice announced.

Victor Boski pleaded guilty in the U.S. District Court of New Jersey to willfully making a materially false and fictitious statement to the U.S. Environmental Protection Agency (EPA) at a debarment proceeding. Previously, Boski and his company, National Industrial Supply LLC (NIS), had pleaded guilty on March 4, 2009, to participating in a kickback and fraud conspiracy to defraud the EPA at the Federal Creosote Superfund site located in Manville, N.J., and to defraud Tierra Solutions Inc., a general contractor based in The Woodlands, Texas, at the Diamond Alkali Superfund site in Newark, N.J., from approximately December 2000 to approximately September 2004. As outlined in the 2009 plea agreement, Boski provided $55,000 in kickbacks to two employees of the prime contractor responsible for awarding contracts at the two Superfund sites in exchange for the award of sub-contracts to NIS. These kickbacks included luxury vacations and payments to shell companies held by the two employees. Today’s guilty plea arises from false statements Boski made to the EPA in regard to his and NIS’s debarment hearing that resulted from the 2009 guilty pleas.

According to court documents, Boski appeared before the EPA on or about Nov. 30, 2011, on behalf of NIS to review his and NIS’s future eligibility to contract with the United States. During the course of the hearing, Boski falsely stated that he and NIS had paid kickbacks in the form of sporting event tickets and that the $55,000 in kickbacks he and NIS pleaded guilty to paying was an artificial number.

“When individuals plead guilty to participating in fraud and kickback schemes, it is crucial that that they do not then lie to government procurement officials about their conduct,” said Bill Baer, Assistant Attorney General in charge of the Justice Department’s Antitrust Division. “The division will vigorously prosecute individuals who make false statements regarding the crimes they have committed.”

Including Boski, nine individuals and three companies have pleaded guilty or been convicted of charges arising out of this investigation. More than $6 million in criminal fines and restitution have been imposed and six of the individuals have been sentenced to serve prison sentences ranging from five months to 14 years. One individual was sentenced to six months home confinement and the remaining two were sentenced to pay criminal fines and restitution. An additional individual, John A. Bennett, a Canadian citizen, was also charged on Aug. 31, 2009, and is facing extradition to the United States. Boski is scheduled to be sentenced on July 7, 2014, before Judge Susan D. Wigenton.

Boski faces a maximum penalty of five years in prison and a $250,000 fine. The maximum fine may be increased to twice the gain derived from the crime or twice the loss suffered by the victims if either of those amounts is greater than the statutory maximum fine.

FOUNDRY COMPANY AND PRESIDENT FOUND GUILTY TO UNLAWFUL STORAGE OF HAZARDOUS WASTE

The following excerpt is from the EPA website:

“WASHINGTON – John R. Wiehl and the company, Franklin Non-Ferrous Foundry, Inc., pleaded guilty to unlawfully storing hazardous waste under the Resource Conservation and Recovery Act (RCRA). Wiehl, 64, is the president of the foundry, which is located in Franklin, N.H.  The company manufactures a variety of metal parts for various industrial applications. A byproduct of the foundry’s operation is the generation of waste containing hazardous or toxic concentrations of lead and cadmium. Exposure to lead and cadmium can cause or contribute to a range of health effects, including behavioral problems, learning disabilities and kidney disease.

In April and August 2009, two workplace inspections conducted by the Occupational Safety and Health Administration (OSHA) found that the company was illegally storing hazardous waste. Under RCRA, a generator may not store hazardous waste at its facility for more than 90 days without a permit. OSHA reported the findings of their inspections to EPA. In December 2009, EPA executed a search warrant at the foundry and discovered drums of hazardous waste stored on the premises.

In August 2010, a federal grand jury indicted Wiehl and Franklin Non-Ferrous Foundry for unlawfully accumulating and storing lead and cadmium hazardous waste at the foundry site since July 2005. Neither Wiehl nor the company had been issued a permit to store hazardous waste for more than 90 days. The company was cited by EPA for similar violations in 2002 and 2005, but neither the company nor Wiehl previously faced criminal charges.

Wiehl faces a possible maximum sentence of two years in prison and a maximum fine of $250,000. Under the terms of a plea agreement filed with the court, the United States Attorney’s Office has agreed to recommend that he serve two years of probation, six months of house arrest, and that he publish a public apology. Franklin Non-Ferrous Foundry, Inc is facing a possible maximum fine of $500,000.”

EPA WINNER OF THE 2011 ENERGY STAR NATIONAL BUILDING COMPETITION IS ANNOUNCED

The following is an excerpt from an EPA newsletter:

November 2, 2011

EPA Announces Winner of the 2011 Energy Star National Building Competition

WASHINGTON – The U.S. Environmental Protection Agency (EPA) today announced that the University of Central Florida (UCF) is the winner of EPA’s 2011 Energy Star National Building Competition: Battle of the Buildings. In its second year, the competition featured teams from 245 buildings across the country in a head-to-head battle to save energy, reduce costs, and protect people's health and the environment. UCF’s winning building was a parking garage on the university’s main campus where energy use was decreased by 63.2 percent. Together, competitors cut their energy costs by $5.2 million.

“All of the Energy Star National Building Competition participants are seizing the opportunities energy efficiency presents to cut pollution and save money. Congratulations to the University of Central Florida for leading the way,” said EPA Administrator Lisa P. Jackson. “Increasing energy efficiency is a key strategy for securing our nation's energy future, and Energy Star can help everyone from homeowners and small businesses to big buildings cut energy use and protect health by reducing air pollution.”

From improvements in operations and maintenance to upgrades in equipment and technology, the competitors saved a combined total of more than 240 million kBtus of energy and $5.2 million on utility bills annually. Competitors reduced annual greenhouse gas emissions equal to the electricity used by more than 3,600 homes. The top overall finishers and their percent-based reductions in energy use include:



University of Central Florida, Parking Garage C, Orlando, Fla. 63.2%
Twinsburg High School and Sports Complex, Twinsburg, Ohio 46.3%
Polaris Career Center, Middleburg Heights, Ohio 43.4%
Hartman Elementary School, Wylie, Texas 43.2%
Scientific Instruments, West Palm Beach, Fla. 42.2%
Fannie Mae Office Building, 3939 Wisconsin Ave., Washington, District of Columbia 34.6%
Office Depot, Plano, Texas 34.1%
North Suburban Medical Office Building, Thornton, Colo. 33.7%
Office Depot, Raleigh, N.C. 33.1%
Kokomo High School, Kokomo, Ind. 32.3%


The energy efficiency improvements achieved by UCF demonstrate that significant opportunities exist to save energy even in buildings that are not typically associated with sizeable energy use. Lighting accounts for the majority of energy consumed by an above-ground parking structure, therefore UCF focused their efforts to improve the quality and efficiency of the garage lighting. Improvements included upgrading the main garage to high performance T-5 fluorescent lights, retrofitting the top deck with light emitting diode (LEDs) fixtures, and adding motion sensors in the storage areas. In addition to cutting their energy use by 63 percent, UCF reduced their lighting bill for the parking garage by more than half due to improvements made during the competition. UCF is now spreading their successful strategies, as well as savings, to other buildings across the campus.

The 2011 Energy Star National Building Competition measured energy performance from September 1, 2010 through August 31, 2011. Competitors tracked their building's monthly energy consumption using EPA's Energy Star online energy tracking tool, Portfolio Manager. UCF won the competition by demonstrating the largest percent-reduction in energy use, adjusted for weather and the size of the building. The energy use intensity and square footage for each top overall finisher was verified by an independently licensed professional engineer or registered architect at the conclusion of the competition. This marks the second year a university has won the competition. In 2010, Morrison Residence Hall at the University of North Carolina at Chapel Hill won the competition, reducing energy use by more than 35 percent.

Energy use in commercial buildings accounts for nearly 20 percent of total U.S. greenhouse gas emissions at a cost of more than $100 billion per year. Thousands of businesses and organizations work with EPA’s Energy Star program and are saving billions of dollars and preventing millions of tons of greenhouse gas emissions from entering the atmosphere each year."

EPA PICKS 15 SITES TO PRIORITIZE ON SUPERFUND LIST AND PROPOSES TO ADD 11 MORE SITES

The following excerpt is from an e-mail sent out by the Environmental Protection Agency:

September 15, 2011
WASHINGTON - The U.S. Environmental Protection Agency (EPA) is adding 15 hazardous waste sites that pose risks to people’s health and the environment to the National Priorities List (NPL) of Superfund sites. EPA is also proposing 11 sites to be added to the list. Superfund is the federal program that investigates and cleans up the most complex, uncontrolled or abandoned hazardous waste sites in the country with the goal of protecting people’s health and the environment through long-term and short-term cleanup activities.

To date, 1,652 sites have been listed on the NPL. Of these sites, 350 sites have been cleaned up, resulting in 1,302 sites currently on the NPL (including the 15 sites added today). There are 62 proposed sites (including the 11 announced today) awaiting final agency action.

With all NPL sites, EPA works to identify companies or people responsible for the contamination at a site, and require them to conduct or pay for the cleanup. For the newly listed sites without viable potentially responsible parties, EPA will investigate the full extent of the contamination before starting significant cleanup at the site. Therefore, it may be several years before significant EPA clean up funding is required for these sites.

The following 15 sites have been added to the National Priorities List:
· Blue Ledge Mine (abandoned mine) in Rogue River – Siskiyou National Forest, Calif.;
· New Idria Mercury Mine (abandoned mercury mine) in Idria, Calif.;
· Armstrong World Industries (ceiling tile manufacturer) in Macon, Ga.;
· Sandoval Zinc Company (former zinc smelter) in Sandoval, Ill.;
· Gary Development Landfill (former landfill) in Gary, Ind.;
· Kerr-McGee Chemical Corp – Columbus (former pressure –treated railroad products manufacturer) in Columbus, Miss.;
· Red Panther Chemical Company (former pesticides formulation plant) in Clarksdale, Miss.;
· Horton Iron and Metal (former fertilizer manufacturer and metal salvage) in Wilmington, N.C.;
· Garfield Ground Water Contamination (contaminated ground water plume) in Garfield, N.J.;
· Chevron Questa Mine (molybdenum mine) in Questa, N.M.;
· New Cassel/Hicksville Ground Water Contamination (contaminated ground water plume) in Hicksville, Hempstead, and North Hempstead, N.Y.;
· North Ridge Estates (former WWII medical facility) in Klamath Falls, Ore.;
· US Finishing/Cone Mills (former textile operation) in Greenville, S.C.;
· Alamo Contaminated Ground Water (contaminated ground water plume) in Alamo, Tenn.; and
· Falcon Refinery (inactive refinery) in Ingleside, Texas.

The following 11 sites have been proposed to the National Priorities List:
· Jervis B. Webb Co. (former manufacturer) in South Gate, Calif.;
· Seam Master Industries (adhesive manufacturer) in South Gate, Calif.;
· Continental Cleaners (former dry cleaners) in Miami, Fla.;
· Leeds Metal (former scrap metal facility) in Leeds, Maine;
· Compass Plaza Well TCE (contaminated ground water plume) in Rogersville, Mo.;
· Eighteenmile Creek (contaminated creek) in Niagra County, N.Y.;
· Southeastern Wood Preserving (former wood treating operation) in Canton, Miss.;
· Metro Container Corporation (former drum recycler) in Trainer, Pa.;
· Corozal Well (contaminated ground water plume) in Corozal, Puerto Rico;
· US Oil Recovery (used oil recovery facility) in Pasadena, Texas; and
· Bremerton Gasworks (former gasworks facility) in Bremerton, Wash.”

MAN RECEIVES PRISON TERM FOR CONSPIRING TO VIOLATE THE CLEAN AIR ACT

The following excerpt is from an e-mail sent out by the EPA:

"WASHINGTON — Bobby Joe Knapp, of West Des Moines, Iowa, was sentenced today by U.S. District Judge James E. Gritzner to 41 months in prison for conspiring to violate the Clean Air Act. The former owner and operator of the Equitable Building in downtown Des Moines, Iowa, was also sentenced for violating Clean Air Act asbestos work practice standards for his role during the renovation of more than 10 floors of the building between 2005 and 2008. Exposure to asbestos increases the risk of developing lung cancer and other respiratory diseases. Knapp’s prison sentence will be followed by two years of supervised release and 300 hours of community service. He must also pay a $12,500 fine and $200 crime victim special assessment fee.

“Ignoring the safeguards put into place to protect workers and the public from the risk of exposure to asbestos is inexcusable,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “Today’s sentence reflects the seriousness of the crime and sends a strong warning to anyone thinking of cutting corners to save money at the expense of people's health.”

“Knapp's illegal conduct put at risk the health of workers who lacked basic training and protective equipment,” said Ignacia S. Moreno, assistant attorney general for the Environment and Natural Resources Division at the Department of Justice. “The Clean Air Act work practice standards are designed to protect people’s health from real dangers, and we will hold violators fully responsible for their actions.”

On March 18, 2011, Knapp pleaded guilty to one count of conspiracy to violate the Clean Air Act and one count of failing to remove all regulated material containing asbestos from the Equitable Building before beginning the renovation project at the building from 2005 until 2008. Knapp owned the building and oversaw the renovation project, which involved converting several floors into luxury residential condominium units, and renovating other floors to attract additional commercial tenants.

In the plea agreement, Knapp admitted that he conspired with Russell Coco, who was also charged and pleaded guilty to the same counts on February 15, 2011, to remove materials containing asbestos from the Equitable Building without complying with the requirements of the Clean Air Act.

According to testimony presented at sentencing, while Knapp was overseeing the project, material containing asbestos was removed from the building and disposed of in an uncovered dumpster. The testimony also showed that the demolition work was performed by workers who were not provided with personal protective equipment to reduce exposure to the asbestos. Testimony also showed that the building workers, one of whom was disabled, and tenants, were exposed to large amounts of dust that resulted from the demolition. A worker testified that the workers were not instructed to wet tiles containing asbestos before and during the demolition process, which increased their exposure to dust.

The Clean Air Act requires that owners of public buildings that contain asbestos follow federally established work practice standards to ensure the safe removal of the asbestos. The required standards include providing notice to the U.S. Environmental Protection Agency (EPA) before starting asbestos removal, adequately wetting the asbestos during the removal and before disposal, and properly disposing of the asbestos at an EPA-approved disposal site.

The case was investigated by EPA and the Iowa Department of Natural Resources. The case was prosecuted by the U.S. Attorney’s Office for the Southern District of Iowa and the U.S. Justice Department’s Environmental Crimes Section of the Environment and Natural Resources Division."