United States v. James Walsh, as Individual and as Officer of Savage Enterprise, Inc.

James A. Walsh appeals the judgment of the district court, 783 F.Supp. 546 , entered against him for violation of section 112 of the Clean Air Act (the Act), 42 U.S.C. § 7412 (prior to its November 15, 1990 amendment), and the National Emission Standards for Hazardous Air Pollutants for asbestos, 40 C.F.R. § 61 , Subpart M (NESHAP) (prior to their November 20, 1990 amendment). There is little published appellate authority on the contentions raised in this appeal, and this case presents an opportunity to furnish more. We affirm the judgment.

STATUTE

The Act, 42 U.S.C. § 7412 , authorizes the Administrator of the Environmental Protection Agency (EPA) to publish a list of air pollutants EPA determines to be hazardous and to describe the emission standards known as NESHAP for those pollutants. Asbestos was listed as a hazardous air pollutant and a NESHAP relating to asbestos was promulgated. See 140 C.F.R. § 61 , Subpart M, providing for the procedures to be followed in the removal and disposal of materials containing asbestos.

The Act provides that “any design equipment, work practice, or operational standard, or any combination thereof, described in this subsection shall be…