EPA Releases Recent Agency Developments

2/11/2002

From: U.S. Environmental Protection Agency, 202-260-2090

WASHINGTON, Feb. 11 -- Following are some recent developments at the U.S. Environmental Protection Agency (EPA). For more information on any of these subjects, call the appropriate contact.

--- New $25 Million State And Tribal Grant Program Launched For Environmental Information Exchange

Contact: Martha Casey, 202-564-7842, casey.martha@epa.gov

EPA is providing $25 million for data modernization and information integration efforts to further its working partnership with states and tribes. The National Environmental Information Exchange Grant Program is designed to address several key e-government challenges: improve the quality of environmental data; make the flows of data between EPA, states, tribes and other partners more efficient; reduce reporting burden; and improve access to environmental data. The goal of the Exchange Grant Program is to advance the National Environmental Information Exchange Network which will transform and facilitate the exchange of information. The types of grants being offered include: grants to enable states and tribes to re-engineer their environmental reporting; grants to demonstrate progress in validating the Network; and challenge grants that pursue state or multi-state or tribal collaborative efforts to integrate environmental information. A copy of the Federal Register Notice and further iC 1/8C/W-KZK=YPExchange Grant Program are at: http://www.epa.gov/neenprg.

--- Grants Awarded For Economics And Decision Sciences Research

Contact: Dave Deegan, 202-564-7839, deegan.dave@epa.gov

Grants totaling more than $1.5 million have been awarded to five universities to conduct research that will contribute to the development of practical approaches for estimating the benefits and costs of environmental programs and improving decision making about environmental issues. The grants were made through EPA's Science to Achieve Results (STAR) program in cooperation with the National Science Foundation. STAR funds research grants and graduate fellowships in numerous environmental science and engineering disciplines through a competitive solicitation process and independent peer review. The grants have been awarded to the University of California, Carnegie Mellon University, North Carolina State University, University of North Carolina and University of Rhode Island. The University of California at Los Angeles is conducting research that will provide policymakers with better information on the distribution of values for reducing risks to human life so that they may better manage those risks. Carnegie Mellon University will assess publicly available information to compare facilities using different methodologies when evaluating emissions levels and compliance status. The Center for Environmental and Resource Economic Policy at North Carolina State University will develop a model to measure the benefits arising from improved surface-water quality, derived from changes in housing values. The information will be collected in Wake County, N.C. The University of North Carolina will evaluate whether there are differences between facilities that adopt Environmental Management Systems (EMS). Researchers will also evaluate whether the adoption of an EMS results in improved environmental performance over time and the implications resulting from commitments to continually improve them. Finally, the University of Rhode Island will conduct research to identify economic and ecological factors that influence society's ability to maintain a well-functioning ecosystem in the face of sprawl or rural residential development. For more information on these research projects and on EPA's STAR program, go to: http://www.epa.gov/ncerqa.

--- ENFORCEMENT WRAP-UP

Contact: Luke Hester, 202-564-7818, hester.luke@epa.gov

-- Compliance Incentive Offered To Baking Companies In partnership with the baking industry, EPA is currently inviting baking companies to participate in a voluntary compliance incentive program intended to reduce environmental and public health threats to the earth's ozone layer. EPA investigations suggest that some large commercial bakeries are leaking ozone depleting substances (ODS), including chlorofluorocarbons (CFCs) and hydrochlorofluorocarbons (HCFC's) in amounts greater than allowed under the Clean Air Act. The ozone layer lies in the stratosphere, approximately 10-25 miles above the earth. Depletion of this layer by ODS will lead to higher ultraviolet radiation levels, which in turn will cause increased skin cancers and cataracts and potential damage to some marine organisms, plants and plastics. Under the compliance incentive program, bakeries will audit certain appliances and phase out some industrial process refrigeration appliances in exchange for reduction of penalties.

Bakeries eligible to participate are those not already the subject of a national enforcement investigation or action, which have industrial process refrigeration appliances containing 50 pounds or more of ODS refrigerants. Companies must notify EPA by April 26 of their intent to participate in this voluntary program and identify the number of appliances to be audited thereafter. Participating companies must agree to phase out use of the more hazardous ozone depleting substances by July 15, 2003, reflecting the fact that use of these substances is being rapidly phased out under existing rules. Bakeries that have installed non-ODS systems before April 26, 2002, can avoid all penalties under this agreement. Bakeries that install non-ODS systems after April 26, 2002, and before July 15, 2004 (unless an extension is granted), are subject to penalties not to exceed $10,000 per appliance. For all other appliances, there will be a per pound penalty for any leaks crossing a high threshold. Further details are available at: http://www.epa.gov/fedrgstr/EPA-AIR/2002/February/Day-06/a2837.htm. For additional information and compliance resources, see: http://www.epa.gov/oeca/ore/aed/ or contact Charles Garlow at 202-564-1088 or garlow.charlie@epa.gov.

-- Government Employee In Pittsburgh Convicted Of Fraud Daniel L. Powell, a federal Quality Assurance Representative at the Defense Contract Management office in Pittsburgh, Pa., was convicted of making false claims against the government. When sentenced, he faces a maximum sentence of up to 45-years in prison and/or a fine of up to $2.25 million. Powell performed oversight duties on a U.S. Army contract with Talon Manufacturing Co. Inc., located in Wyoming County, W.Va. Powell was assigned to ensure that time fuses from military munitions were properly "demilitarized" and made safe by Talon before being disposed. Instead, Powell entered into an agreement with Talon to accept false certifications from the company on 453,153 fuses, falsely indicating that the munitions had been made safe. The government was then charged $346,630 for services that had not been performed. The government seized approximately 800,000 non-demilitarized fuses from SADCO Recovery Inc., which is owned by the owners of Talon. The fuses were stored in a manner that could have led to an explosion in bunkers at Jumping Branch and Point Pleasant, W.Va. The Army will eventually have to spend approximately $2.5 million to make the recovered fuses safe for disposal. EPA's Criminal Investigation Division and National Enforcement Investigations Center provided investigative assistance to the Defense Criminal Investigative Service, the FBI, the Department of the Army Criminal Investigation Division, the West Virginia State Police Bureau of Criminal Investigations and the Commission on Special Investigations of the State of West Virginia in the investigation of this case. It is being prosecuted by the U.S. Attorney's Office in Charleston, W.Va.

-- Kansas City Company Owner Admits Lying About Hazardous Waste Theodore Amberg III, owner of Environmental Services and Products Inc., in Kansas City, Kan., pleaded guilty to making a false statement to an EPA inspector concerning hazardous wastes stored at his facility.

Amberg told the inspector that there was no hazardous waste stored at his facility when, in fact, more than 80 drums of ignitable hazardous wastes were on the site. Falsifying information concerning the storage of ignitable hazardous wastes can potentially create a serious fire hazard and can be hazardous to firemen who respond to fires at facilities if they do not know about the stored hazardous wastes. When sentenced, Amberg faces a maximum sentence of up to five years in prison and/or a $250,000 fine. The case was investigated by EPA's Criminal Investigation Division and is being prosecuted by the U.S. Attorney's Office in Kansas City.

-- Ex-Virginia Plant Owner Charged With Illegal Sewage Discharge Richard M. Anthony, formerly of Henry County, Va., was charged with violating the Clean Water Act by discharging sewage without a permit. Anthony, who was President and owner of Sanville Utilities Inc., constructed and operated the Fairway Acres sewage treatment plant which serviced the Fairway Acres subdivision near Bassett, Va. The plant had a capacity of approximately 40,000 gallons per day in 1999, when the defendant failed to pay the electric bill. After repeated attempts to get Anthony to pay the bill, the electric company cut off the power and the plant began to discharge untreated sewage into Blackberry Creek. Virginia's Department of Environmental Quality (VDEQ) determined that the creek had a fecal coliform bacteria level 160 times the maximum allowable limit. Bacteria from sewage can cause infections and intestinal diseases in people who come in contact with contaminated surface waters. If convicted, the defendant faces a maximum sentence of up to one year in prison and/or a fine of up to $25,000 per day of violation. The case was investigated by EPA's Criminal Investigation Division and VDEQ. It is being prosecuted by the U.S. Attorney's office in Roanoke. The filing of federal charges is merely an accusation and all defendants are presumed innocent unless or until proven guilty in a court of law.

-- Former Illinois Refinery Manager Convicted Of Water Violations Ronald Snook of Coal City, Ill., former Environmental Manager at Premcor's Blue Island Refinery, near Chicago, was convicted of conspiring to violate the Clean Water Act (CWA) and concealment of information from the Metropolitan Water Reclamation District of Greater Chicago (MWRD). Snook conspired with Premcor; Elva Carusiello, Premcor's former Environmental Engineer and Assistant Environmental Manager at Blue Island; and Environmental Monitoring and Technologies Inc. (EMT), of Morton Grove, Ill., a consultant to Premcor, to not report violations of the Blue Island Refinery's CWA discharge permit. The permit limited the pH of the refinery's wastewater discharges and also limited the amount of fats, oils and grease that the refinery could release into sewers operated by the MWRD. The scheme involved failing to report tests that indicated the refinery was out of compliance with its discharge permit. The discharge of wastewater with higher than permitted levels of pollutants and a high or low pH value, can harm sewage treatment equipment and also harm fish and wildlife. In previous court actions in this case, Premcor paid a $2 million fine, EMT paid a $50,000 fine and Carusiello pleaded guilty to a CWA violation. When sentenced, Snook faces a maximum sentence of up to five years in prison and/or a $250,000 fine on each count. The case was investigated by EPA's Criminal Investigation Division with the assistance of EPA's National Enforcement Investigations Center, and is being prosecuted by the U.S. Attorney's Office in Chicago.

-- Michigan Laboratory, Owner Admit Falsifying Test Results Martin Environmental Laboratories Inc., in Llvonia, Mich., and its owner, Jerry Martin, pleaded guilty to defrauding customers through the mail. The defendant defrauded over 25 customers, including environmental consulting firms, hazardous waste facilities, used oil reclamation facilities, state and county agencies, land owners and industries with discharge permits. The customers hired Martin to perform tests for volatile organic compounds (VOCs), which can cause a variety of illnesses in people who are improperly exposed to them. In some cases, Martin falsified the results by understating the levels of VOCs in a sample, and in others he did not perform any tests at all, yet he billed his customers for testing. When sentenced, Martin faces a maximum sentence of up to five years in prison and/or up to $250,000 in fines and the company faces up to $500,000 in fines. The case was investigated by EPA's Criminal Investigation Division and the FBI with the assistance of EPA's National Enforcement Investigations Center. It was prosecuted by the U.S. Attorney's Office in Detroit.

-- Mississippi Facility, Corporate Officers And Employees Plead Guilty In Illegal Dumping Case Truck Trailer and Equipment Inc. (TT&E), a Pearl, Miss., truck repair firm, its president, J.W. Fielder and manager, Allen Fielder, pleaded guilty to conspiring to violate the Resource Conservation and Recovery Act and the Clean Water Act. Carlos Lindsey, a TT&E employee, previously pleaded guilty to the hazardous waste transportation and dumping conspiracy. The defendants were involved in a scheme that involved the dumping of hazardous waste and pollutants, including spent solvents, grease, oil and other wastes into a wetland and a tributary of the Pearl River that bordered the TT&E facility and the illegal transportation and disposal into an off-site wooded area.

Additionally, Archie Stewart, another TT&E manager, pleaded guilty to violating the Clean Water Act. The dumping of hazardous wastes and other pollutants into wetlands, rural waterways and rural areas can create a significant risk to aquatic resources and wildlife and can make surface waters unsafe for human recreation and use as drinking water supplies. When sentenced, the Fielders and Lindsey each face maximum sentences of up to five years in prison and/or fines of up to $250,000. TT&E faces a maximum fine of up to $500,000 when sentenced, and Stewart faces a maximum sentence of up to one year in prison and/or a fine of up to $100,000 when sentenced. The case was investigated by EPA's Criminal Investigation Division and the FBI, with the assistance of the Mississippi Department of Environmental Quality and local public safety officials. It is being prosecuted by the Environmental Crimes Section Office of the U.S. Department of Justice and the U.S. Attorney's Office in Jackson.