Francis Richard Yingling, Asbestos Violations, Pennsylvania 2023

Berwick, PA – First Capital Insulation Inc. (FCI) and its owner, Francis Richard Yingling, have been sentenced for violating federal regulations concerning the safe removal of asbestos during demolition work at a former weaving mill in Berwick, Pennsylvania. The mill was slated for demolition to make way for a new elementary school for the Berwick Area School District (BASD).

The Environmental Protection Agency (EPA) initiated an investigation in February 2015, after receiving reports of improper asbestos abatement practices at the BASD site. EPA inspectors discovered numerous violations of the National Emission Standards for Hazardous Air Pollutants (NESHAPs) work practices, designed to protect workers and the public from exposure to the dangerous substance. Lobar, Inc., the general contractor for the project, oversaw the work performed by First Capital Insulation.

According to court documents, First Capital Insulation, under the direction of owner Francis Richard Yingling, failed to adhere to critical safety protocols during the asbestos removal process. These violations put both workers and the surrounding community at risk of inhaling harmful asbestos fibers, which are known to cause severe respiratory diseases, including cancer. The specifics of the work practice violations were not immediately released by authorities, but typically involve issues with containment, worker protection, and proper disposal of asbestos-containing materials.

The case highlights the ongoing dangers of asbestos in older buildings and the critical importance of adhering to strict regulations when dealing with its removal. Asbestos was widely used in construction materials for decades before its health risks became fully understood. While its use is now heavily regulated, it remains present in many older structures, posing a threat during renovation or demolition projects. The BASD, seeking to provide a safe learning environment for students, unwittingly became the setting for these alleged violations.

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Penalties & Legal Basis

On January 19, 2023, First Capital Insulation was sentenced to two years of probation and ordered to pay a $10,000 fine, along with a $400 special assessment. Francis Richard Yingling received a two-year probation sentence and a $100 special assessment. The charges stemmed from violations of 42 U.S.C. 7413(c)(1) of the Clean Air Act, specifically pertaining to NESHAP regulations for asbestos abatement. This section of the Clean Air Act addresses the control of hazardous air pollutants, including asbestos, and establishes requirements for safe handling and removal procedures.

Key Facts

Defendant: First Capital Insulation Inc. & Francis Richard Yingling
Location: Berwick, Pennsylvania
Crime: Violations of the Clean Air Act (Asbestos Abatement Regulations)
Date of Sentencing: January 19, 2023
Penalty (FCI): 2 years probation, $10,000 fine, $400 special assessment
Penalty (Yingling): 2 years probation, $100 special assessment
Project Context: Demolition of former weaving mill for new elementary school
Investigating Agency: Environmental Protection Agency (EPA)

GrimyTimes will continue to follow this case and report on any further developments. The EPA encourages anyone with information regarding environmental violations to report it to their hotline.

Source: EPA ECHO Enforcement Case Database

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