Audie Harris, Asbestos Violation, AR 1995

Little Rock, AR – Audie Gene Harris, along with two co-defendants, faced federal charges in 1995 for violating the Clean Air Act during the demolition of the McMillan Petroleum Refinery in Arkansas. The case, investigated by the Environmental Protection Agency (EPA), revealed a blatant disregard for safety protocols surrounding asbestos abatement, potentially exposing workers and the surrounding community to dangerous airborne fibers.

The charges stemmed from work conducted at the refinery where numerous metal structures were found to be heavily coated with friable asbestos insulation. “Friable” asbestos, when disturbed, easily crumbles into dust, making it readily inhalable and posing a significant health risk. Investigators determined that Harris and his colleagues failed to implement the necessary work practice standards designed to minimize the release of asbestos during the demolition process. These standards are crucial in preventing the spread of this known carcinogen.

According to court documents, the defendants were each initially charged with one misdemeanor count under 42 U.S.C. § 7413(c)(1)(C) of the Clean Air Act – specifically, failing to adhere to established work practice standards during asbestos demolition. The EPA’s criminal enforcement program prioritizes cases where defendants knowingly or recklessly endanger public health and the environment, and this case clearly fell into that category.

On November 14, 1994, all three defendants entered guilty pleas to the charges. The plea agreements signaled an admission of wrongdoing and paved the way for sentencing. The sentencing phase, concluded on February 24, 1995, saw varying degrees of punishment handed down. While the penalties might appear lenient by today’s standards, they represented a significant attempt to deter similar violations at the time.

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Sentencing & Penalties

Harris received the harshest sentence of the three, six months of home confinement, followed by 36 months of probation and a $2,000 fine. Co-defendant Dorst was sentenced to four months of home confinement, 36 months probation, and a $1,000 fine. Humble received 36 months probation and a $1,000 fine. The fines, while substantial, were likely outweighed by the potential profits gained from circumventing proper asbestos abatement procedures, raising questions about the effectiveness of the penalties as a true deterrent.

Key Facts

Defendant: Audie Gene Harris
State: Arkansas
Year: 1995
Crime: Clean Air Act Violation (Asbestos Demolition)
Statute Violated: 42 U.S.C. § 7413(c)(1)(C)
Penalties: 6 months home confinement, 36 months probation, $2,000 fine.
Location: McMillan Petroleum Refinery

This case serves as a stark reminder of the dangers of asbestos exposure and the importance of strict adherence to environmental regulations. While the McMillan Petroleum Refinery demolition occurred nearly three decades ago, the legacy of asbestos-related illnesses continues to plague communities across the nation, highlighting the enduring consequences of environmental crimes.

Source: EPA ECHO Enforcement Case Database

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