Dover Air Force Base – Keith Alexander Shepard was sentenced in June 1997 after pleading guilty to violating the Clean Air Act (CAA) during an asbestos abatement project at Dover Air Force Base. The case, investigated by the Environmental Protection Agency (EPA), revealed significant failures to adhere to mandated work practice standards, potentially endangering workers and the surrounding environment.
The investigation stemmed from information received regarding Deltray Construction Management Company’s handling of asbestos removal. While the details surrounding Deltray’s involvement remain largely unpublicized, Shepard, as a key figure within the project, bore the legal responsibility for compliance with federal regulations. Authorities allege the company failed to implement proper containment and removal procedures, leading to a negligent release of hazardous air pollutants – specifically, asbestos fibers – into the air.
Shepard was initially indicted on August 10, 1996, facing a single count of violating the CAA. However, a superseding information was filed on March 10, 1997, to which Shepard subsequently pleaded guilty. The superseding information specifically cited 42 U.S.C. 7413(c)(4), which addresses the negligent release of hazardous air pollutants. The original indictment was dismissed upon acceptance of the guilty plea.
The EPA’s criminal enforcement program prioritizes cases where companies or individuals knowingly or negligently put public health and the environment at risk. Asbestos, a known carcinogen, poses severe health risks when its fibers become airborne and inhaled. Failure to properly manage its removal can lead to debilitating illnesses like asbestosis, lung cancer, and mesothelioma.
While the specifics of the work practice violations remain sealed, the case highlights the critical importance of adhering to strict safety protocols during asbestos abatement. The EPA routinely conducts inspections and investigates allegations of non-compliance to ensure these dangerous materials are handled responsibly. The relatively light sentencing – 36 months probation and a $3,000 fine – may reflect the lack of demonstrable, widespread contamination or injury, however, the conviction itself serves as a deterrent.
This case, though dating back to 1997, remains relevant as asbestos continues to be present in many older buildings, including military installations. The EPA continues to aggressively pursue enforcement actions against those who violate the Clean Air Act and endanger public health through improper asbestos handling. The incident serves as a stark reminder that environmental crimes, even those seemingly minor, carry significant legal consequences.
Key Facts
- Defendant: Keith Alexander Shepard
- State: Pennsylvania
- Year: 1997
- Crime: Violation of the Clean Air Act (CAA)
- Statute Violated: 42 U.S.C. 7413(c)(4) – Negligent release of hazardous air pollutant (asbestos).
- Penalty: 36 months probation and a $3,000 fine.
- Location of Offense: Dover Air Force Base
- Company Involved: Deltray Construction Management Company (details of company penalties, if any, are not publicly available).
Source: EPA ECHO Enforcement Case Database
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