The issues that the client is facing a very severe and require immediate attention of the federal services. Therefore the following questions and issues have to be looked at as follows.
Before advising your client, analyze if CERCLA covers his asbestos problem. Define the terms facility, release and environment as it applies to this particular problem.
The client must at once contact CERCLA as the asbestos insulation flaking off is a direct concern of the aforementioned organization (Percival et al., 2013). Asbestos is a hazardous substance. In addition, in the client’s situation we have the same asbestos peeling off heating pipes thus being the cause of risk of release of hazardous substances, which can later become pollutants. According to the rules and regulations made by CERCLA, asbestos in our case is a contaminant and pollutant which “may well be anticipated to cause” adverse effects within an organism (Percival et al., 2013). Asbestos has been known to promote the development of chronic poisoning of the organism, and facilitating structural abnormalities accumulating in the lungs. Asbestos is most likely to cause the development of bronchitis, cause mechanical irritation through the dust airway tissues. In addition, possible is the development of asbestosis - in this disease dust is deposited in the lungs, causing scarring in the lung tissue. However, this is not the only problem. Asbestos is also harmful to health in terms of causing cancer. It is found that it itself is not a carcinogen, but belongs to a so-called group of promoters - substances promoting development of cells within an organism exposed to carcinogens. It is associated with a rare oncological disease – mesothelioma.
Is there an obligation to inform the EPA of this release?
The problem with asbestos can be administered to the Clean Air Act as of 1970, with revisions in 1977 and 1990 (Percival et al., 2013). Therefore, it is important to inform the EPA on the release of this contaminant as it is of significant danger not only to the client, but also all employees. This is a situation when CERCLA has to deal with a situation that has already happened. However, there is also such an abbreviation as the ARAR meaning Applicable or Relevant and Appropriate Requirements, which are part of the Threshold Criteria, which determines when the EPA is obliged to apply its legal standards to CERCLA in the event of where such laws are relevant and legally applicable (Percival et al., 2013).
c. If your client indicates that he has also discovered a pool of liquid near several drums of hazardous substances that he has on-site, what are the notification/reporting requirements and how soon must he act? Would you advise him to report or to undertake additional activities?
Now the pool of liquid that the client has found near a few drums of hazardous materials may not necessarily be the contents of the aforementioned drums. I would advise to clear these pools up and monitor the situation if they reappear then that would mean that the drums a leaking and the EPA has to be notified (Percival et al., 2013). In the event of contacting the EPA the client has to remember that the EPA can be contacted either through an email on their website or by calling their local office. However, in order for them to take your informing them, the amount of hazardous substance, if it is hazardous, has to equal or exceed the parameters stated in the Superfund Reportable Quanitities (SRQ) (Percival et al., 2013). In the majority of cases, this would mean a continuous release of the substance or hazardous material, which according to CERCLA is happening over a period of 24 hours.
References
Percival, R., Schroeder, C., Miller, A. & Leape, J. (2013). Environmental regulation: law, science, and policy. New York: Wolters Kluwer Law & Business.
