Kenneth McDonald, Asbestos Violation, PA 1997

Wilkes-Barre, PA – Kenneth McDonald, operating under the business name American Asbestos Abatement (AAA), was sentenced to probation and community service earlier this year for knowingly violating federal clean air regulations during an asbestos abatement project. The case, stemming from work performed in January 1996, highlights the dangers of improper asbestos handling and the potential for public health risks.

The violations occurred following a roof collapse at the Town & Country food store in Pennsylvania. The damaged roof contained approximately 13,000 square feet of fire-proofing material laced with up to 50% asbestos – a known carcinogen. McDonald and AAA were contracted to remove the hazardous material in compliance with the National Emission Standards for Hazardous Air Pollutants (NESHAP), regulations designed to protect the public from asbestos exposure.

However, a subsequent site inspection revealed significant failures in AAA’s asbestos abatement procedures. Investigators found that McDonald was not adhering to the stringent protocols outlined in NESHAP, increasing the risk of releasing asbestos fibers into the air. Compounding the issue, McDonald allegedly misrepresented information to a Pennsylvania Department of Environmental Protection (DEP) inspector, falsely claiming he had properly notified the DEP’s Wilkes-Barre office of the abatement work.

Federal prosecutors charged McDonald on January 30, 1997, with knowingly violating Section 7413(c)(1) of the Clean Air Act (42 U.S.C. 7413(c)(1)). This section of the Act specifically addresses the knowing failure to comply with NESHAP regulations related to asbestos abatement. McDonald entered a guilty plea on the same day he was charged, indicating an acceptance of responsibility for the violations.

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Sentencing and Penalties

On May 13, 1997, McDonald received a sentence of 24 months probation and was ordered to complete 100 hours of community service. While the sentence did not include imprisonment, it underscores the seriousness with which federal authorities treat violations of environmental regulations, especially those concerning hazardous materials like asbestos. The penalties are intended not only to punish the offender but also to deter others from similar misconduct.

This case serves as a stark reminder of the importance of proper training, adherence to safety protocols, and honest reporting in the asbestos abatement industry. Improper handling of asbestos can have devastating consequences for workers and the surrounding community, leading to severe respiratory illnesses and even death. The EPA continues to prioritize the enforcement of clean air regulations to protect public health and the environment.

Key Facts

Defendant: Kenneth McDonald (American Asbestos Abatement – AAA)
Location: Wilkes-Barre, Pennsylvania
Crime: Violation of the Clean Air Act (42 U.S.C. 7413(c)(1)) related to improper asbestos abatement.
Violation Details: Failure to follow NESHAP regulations and false statements to a DEP inspector.
Sentence: 24 months probation and 100 hours of community service.
Asbestos Amount: Approximately 13,000 square feet of asbestos-containing fire-proofing material (up to 50% asbestos content).

Source: EPA ECHO Enforcement Case Database

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