MARSHALL, TX – A Kennard, Texas man was sentenced to over a year in federal prison this week for knowingly violating Clean Air Act regulations regarding asbestos removal. Rodney K. Beshears, 60, received a 12-month and one-day sentence from U.S. District Judge Rodney Gilstrap on May 26, 2016, after pleading guilty on February 9, 2016, to flouting mandated work practice standards.
The case, investigated by the Environmental Protection Agency (EPA) and Texas state agencies, centers on Beshears’ handling of asbestos-coated pipelines during excavation projects in northeast Texas between October 2011 and March 2012. Despite receiving specific training on proper asbestos removal techniques in December 2011 – including wetting the material to prevent airborne particles – Beshears directed his crew to employ dangerously negligent methods. Inspectors from the Texas Department of State Health Services repeatedly warned Beshears that the pipeline contained asbestos at multiple worksites near Diana and Ore City, Texas, but the warnings were ignored.
Court documents reveal Beshears ordered employees to remove thousands of feet of pipeline by hammering and dragging the asbestos coating, effectively crumbling and pulverizing the hazardous material. Crucially, no wetting agents were used, and the resulting asbestos debris was not disposed of at approved facilities, creating a significant public health risk. The reckless removal practices exposed workers and potentially surrounding communities to the known dangers of asbestos, a substance linked to severe respiratory illnesses, including cancer.
“The health dangers associated with asbestos are well known and its safe removal must be handled according to the law,” stated Bill Stevens, Acting Assistant Agent-in-Charge of EPA’s Criminal Investigation Division Dallas Area Office. “The defendant knew the law, yet knowingly and repeatedly violated it… This plea demonstrates that companies and their owners who callously place the American people at risk will be held accountable for their actions.” The EPA’s investigation, alongside the Texas Commission on Environmental Quality (TCEQ) and the Texas Department of Parks and Wildlife, highlighted the deliberate nature of Beshears’ violations.
Statutes Violated & Penalties
Beshears was found to have violated 42 U.S.C. 7413(c)(1) of the Clean Air Act, specifically the National Emission Standards for Hazardous Air Pollutants (NESHAP) rules pertaining to asbestos. These regulations are designed to minimize the release of asbestos fibers into the air during construction, renovation, and demolition activities. In addition to the prison sentence, Beshears was ordered to pay $9,360 in restitution to cover the costs associated with the environmental damage and remediation efforts.
Key Facts
- Defendant: Rodney K. Beshears, 60, of Kennard, Texas
- Crime: Violating Clean Air Act work practice standards for asbestos removal
- Location: Diana and Ore City, Texas
- Timeline: Illegal activity occurred between October 2011 and March 2012. Beshears pleaded guilty February 9, 2016, and was sentenced May 26, 2016.
- Sentence: 12 months and one day in federal prison, $9,360 restitution
- Laws Violated: 42 U.S.C. 7413(c)(1) – Clean Air Act, NESHAP rules for asbestos
Assistant U.S. Attorney Jim Noble prosecuted the case, underscoring the Department of Justice’s commitment to enforcing environmental regulations and protecting public health. The case serves as a stark warning to contractors and business owners that knowingly disregarding asbestos safety protocols will result in serious legal consequences.
Source: EPA ECHO Enforcement Case Database
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