Halifax Construction Company Faces Legal Action Over Asbestos Violations

News Summary

The United States Environmental Protection Agency (EPA) has reached a formal agreement with Halifax Construction Company regarding asbestos management violations during a demolition project in Atlanta. The agreement includes a civil penalty due to the company’s failure to notify federal agencies before beginning demolition activities, which is necessary to prevent asbestos exposure. The EPA emphasizes the importance of adhering to environmental regulations to protect public health in construction projects.

Halifax Construction Company Faces Penalty for Asbestos Violations During Demolition in Atlanta

Atlanta, Georgia — The United States Environmental Protection Agency (EPA) has announced a penalty against Halifax Construction Company, Inc. (Halifax) for violations related to asbestos management during a demolition project in Atlanta. The EPA entered into a Consent Agreement with Halifax on June 6, 2024, which requires the company to pay a civil penalty and address the violations identified.

Violation Details and Regulatory Background

The Enforcement action stems from allegations that Halifax failed to comply with federal regulations designed to control asbestos emissions during demolition activities. Specifically, the violations concern 40 C.F.R. Part 61, Subpart M, which sets the National Emission Standard for Asbestos. These standards aim to limit the release of asbestos fibers into the air, protecting public health and the environment.

Demolition Activities and Circumstances

The incident involved demolition activities carried out by Halifax in Atlanta from approximately August 14 to August 20, 2024. Halifax was responsible for demolishing a small commercial building along with three drive-thru canopies that belonged to a former bank. Since these structures were classified as commercial facilities, they met the regulatory definition of a “facility” under 40 C.F.R. § 61.141.

During the demolition, Halifax was identified as the owner or operator responsible for the control and execution of the activity. The EPA’s inspection, conducted on December 11, 2024, found that proper asbestos management protocols were not followed.

Failure to Provide Advance Notice

A key aspect of the violations involved failure to adhere to notification requirements. Discussions and email correspondence suggest that Halifax did not submit written notice of its intent to demolish at least 10 working days prior to the activity, as mandated by federal law. This pre-notification is essential to enable regulators to assess and ensure that asbestos is properly managed and contained during demolition.

EPA Inspection and Findings

The EPA’s inspection revealed that Halifax did not provide the necessary notices or implement adequate asbestos controls during the project, in violation of the National Emission Standard. The oversight posed potential risks of asbestos fiber release into the atmosphere, which could threaten public health and violate the Clean Air Act’s provisions.

Legal Relief and Penalty Imposed

Under the terms of the Consent Agreement, Halifax neither admits nor denies the allegations but agrees to pay a civil penalty of $5,425.00 as a resolution to the violations. The penalty reflects the seriousness of the violations but also considers the company’s cooperation and compliance efforts.

Background and Context

The EPA’s asbestos regulations are part of a comprehensive effort to limit asbestos fiber emissions from construction, demolition, and renovation activities across the United States. The regulations require companies involved in such activities to follow specific procedures, including proper notification, asbestos removal, and containment, to prevent airborne asbestos exposure.

Failure to comply with these standards can result in significant environmental and health risks, along with legal penalties. The case against Halifax underscores the importance of adhering to federal asbestos management laws during demolition projects, especially in densely populated or commercially active areas like Atlanta.

This enforcement action serves as a reminder to all construction firms of the critical need for compliance with asbestos regulations, rigorous safety procedures, and proactive communication with regulators. The EPA continues to monitor compliance and enforce standards to protect public health and environment from asbestos hazards.

Deeper Dive: News & Info About This Topic

HERE Resources

Additional Resources

• JD Supra: Asbestos Enforcement Action Against Halifax Construction Company
• Wikipedia: Asbestos
• JD Supra: Overview of Asbestos Regulations
• Google Search: Asbestos Regulations EPA
• JD Supra: Environmental Enforcement on Asbestos Violations