ELR Citation: ELR 20094
No(s). 04-2689 (8th Cir. May 9, 2005)

The Eighth Circuit upheld a U.S. Environmental Protection Agency (EPA) Environmental Appeals Board (EAB) decision finding a county liable under the Clean Air Act for asbestos violations at a county landfill. EPA had jurisdiction under CAA §113(d)(1) to bring an administrative action against the county. Further, the evidence in the record established that the landfill is an active waste disposal site and that inspectors observed emissions emanating from regulated asbestos-containing material at the site. And the EAB properly calculated the penalty imposed.