Danny Ray McNabb, Asbestos Violation, Tennessee 2017

KNOXVILLE, TN – Danny Ray McNabb, the operator of a large-scale demolition and renovation project at the former American Enka Polyester Plant, has been convicted of violating federal clean air regulations. The case, brought forth by the Environmental Protection Agency (EPA), highlights a concerning disregard for worker and public safety during asbestos abatement activities.

According to court documents, McNabb knowingly failed to ensure the presence of a properly trained supervisor during the demolition of the Enka plant. This supervisor was required to be knowledgeable in the National Emission Standards for Hazardous Air Pollutants (NESHAPs) regulations, specifically those pertaining to asbestos control. These regulations are in place to prevent the release of dangerous asbestos fibers into the air, which can cause severe respiratory illnesses, including cancer.

The EPA’s investigation revealed that McNabb neglected to implement crucial work practice standards designed to minimize asbestos exposure. These standards include proper containment procedures, worker protection measures, and careful handling and disposal of asbestos-containing materials. The absence of trained oversight created a significant risk to both workers on the demolition site and the surrounding community.

McNabb was initially charged on February 10, 2015, with violating 42 U.S.C. 7413(c)(1), a section of the Clean Air Act addressing asbestos regulations, and 18 U.S.C. 2(a), a general criminal code section. The charges stemmed from the EPA’s determination that McNabb’s actions constituted a knowing failure to comply with federal asbestos abatement standards.

The case underscores the EPA’s commitment to enforcing environmental regulations and holding individuals accountable for endangering public health. Asbestos, once widely used in construction materials, poses a serious health threat when its fibers become airborne. Strict regulations are in place to mitigate these risks, and deliberate non-compliance carries significant legal consequences. The Enka plant demolition represented a particularly large and complex project, increasing the potential for widespread asbestos contamination had the violations not been identified.

On November 3, 2016, McNabb was sentenced to 24 months of probation following a guilty plea. While probation was the final penalty, the case serves as a stark reminder of the legal ramifications of neglecting asbestos safety protocols. The EPA continues to prioritize enforcement actions against those who knowingly put communities at risk from hazardous materials.

Key Facts

Defendant: Danny Ray McNabb
Location: American Enka Polyester Plant, Tennessee
Crime: Violation of Clean Air Act – Asbestos Work Practice Standards
Statutes Violated: 42 U.S.C. 7413(c)(1), 18 U.S.C. 2(a)
Sentence: 24 months probation
Issue: Failure to have a trained supervisor present during asbestos demolition/renovation.

Source: EPA ECHO Enforcement Case Database

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