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NEWS / ALERTS from EPA / Department of Health / Lower Manhattan Development Corporation and others. - the views reflected in the news do not reflect the views of the New York Environmental Law & Justice Project. News Briefs - EPA's latest developments Following are some Agency developments which may interest you. If you need more information on any of these subjects, call the appropriate contact.
For Release: (Washington, D.C. - April 8, 2005) (1) FY 2005 Drinking Water Funds Available
Contact: Dave Ryan, 202-564-7827 / ryan.dave@epa.gov EPA is announcing the availability of FY 2005 congressional appropriations funding for the Public Water System Supervision (PWSS) and Drinking Water State Revolving Fund (DWSRF) programs. These programs provide states, territories, and tribes with resources to protect the water of more than 270 million people. The Safe Drinking Water Act allows EPA to delegate primary enforcement responsibility to states, territories, or tribes that meet specific requirements so that they may implement and enforce drinking water regulations and programs. EPA is making $99,745,600 in PWSS grant funding available to help states, territories, and tribes support drinking water programs. Of that amount, EPA is reserving $6,419,900 in funding for tribes and Alaska Native Villages. EPA is also announcing the availability of $843,200,000 in funding to
support DWSRF programs, which provide states with financing for public
water system infrastructure improvements. States have used federal capitalization
grant funds to establish low interest loan programs for public water systems.
Projects eligible for funding include upgrades to treatment facilities,
eligible storage facilities, and distribution systems. Since the program
began in 1997, states have provided nearly States, territories, and tribes may apply for funding through their EPA Regional Offices. Additional information about the PWSS and DWSRF programs, including the amount of grant funding available to each state, can be found at: PWSS: http://www.epa.gov/safewater/pws/grants/ DWSRF: http://www.epa.gov/safewater/dwsrf/allotments/ Enforcement Wrap-up Contact: Stacie Findon-Keller, 202-564-4355 / keller.stacie@epa.gov (2) Georgia Cattle Company, Owner and Farm Manager Sentenced for Causing Bird Kill Kahn Cattle Company of Bartow County, Georgia; Roger F. Kahn, owner of
Kahn Cattle Co.; and Glen M. Bramlett, Farm Manager of the company, were
all sentenced on March 24 in U.S. District Court for the Northern District
of Georgia in Rome, Ga. Kahn Cattle Company was ordered to pay (3) Ship's Engineer Sentenced for Obstruction of Justice Edgardo Guinto of the Philippines, Chief Engineer of the Motor Vessel Katerina was sentenced on March 24 to serve eight months in prison by the U.S. District Court for the Central District of California in Los Angeles for his conviction on charges of obstructing justice by concealing an oil pollution control system bypass pipe from federal investigators. The defendant admitted that he allowed the system to be bypassed, instructed crew members to remove and conceal the bypass pipe when the ship came into Long Beach Harbor and admitted that he made fraudulent entries in the ship's Oil Record Book. The pipe had been used to illegally discharge oil into the Pacific Ocean. Discharging untreated oily bilge water into the Pacific can harm fish and other aquatic life. The case was investigated by the U.S. Coast Guard Marine Safety Office, the Coast Guard's Investigative Service and the Los Angeles Office of EPA's Criminal Investigation Division. It was prosecuted by the U.S. attorney's office in Los Angeles. (4) Tennessee Drinking Water Plant Operator Pleads Guilty On March 21, Danny Hurd, former drinking water plant operator for the First Utility District of Hawkins County, Tenn., pleaded guilty to falsifying drinking water measurements. The plea states that from early 2000 to late 2002 the defendant falsified chlorine measurements of drinking water samples to the Tennessee Department of Environment and Conservation. Falsifying drinking water reports makes it difficult for regulators to determine if the drinking water delivered to households is safe for consumption. The defendant faces a maximum possible sentence of up to five years in prison and/or a fine of up to $250,000. The case was investigated by the Knoxville, Tenn., Office of EPA's Criminal Investigation Division. It is being prosecuted by the U.S. attorney's office in Greenville, Tenn. News for release: Friday, April 8, 2005 U.S. Environmental Protection Agency (EPA) EPA Cites 3M, Motorola, Pfizer Facilities, Others, for Environmental Progress Beyond Current Regulatory Requirements Contact: Dave Ryan, 202-564-7827 / ryan.dave@epa.gov (Washington, D.C. - April 8, 2005) EPA will present national awards in Chicago next Tuesday for exemplary environmental outreach and performance to nine members of its National Environmental Performance Track program. EPA will also welcome 73 new Performance Track members and honor the program's first three Corporate Leaders. "By definition, Performance Track members are among the nation's top environmental performers, and we are pleased to welcome the 73 new members to the program," said Stephanie Daigle, EPA acting associate administrator for Policy, Economics and Innovation. "The facilities and companies that we will recognize at this event as award winners have demonstrated truly outstanding environmental results over the last two years." EPA is honoring Performance Track members' achievements with the following awards and recognition: Environmental Performance Awards Outreach Awards Performance Track Corporate Leaders Baxter Healthcare Corp., headquartered in Deerfield, Ill.; At the Chicago ceremony, EPA's New England Regional Administrator Robert
W. Varney will unveil the "2005 Performance Track Progress Report: The April 12 ceremony, taking place at the Fairmont Hotel, is being held
in conjunction with the 2005 National Environmental Partnership Summit,
a merger of the National Pollution Prevention Roundtable Spring Conference,
the National Compliance Assistance Providers' Forum, and the Performance
Track Participants' Association's annual meeting. For information on the
Summit and the sponsoring organizations, visit: With the addition of the new members, Performance Track now has 351 facilities in 46 states and Puerto Rico. More information about the program is available at: http://www.epa.gov/performancetrack/ . News for Release: Thursday, April 7, 2005 U.S. Environmental Protection Agency (EPA) EPA Recognizes Clean Air Excellence Award Winners Contact: John Millett, 202-564-7842 / millett.john@epa.gov (Washington, D.C.-April 7, 2005) Twelve local and state governments, industries and citizen groups are being honored for their efforts in working to make the air cleaner nationwide. The recognition comes at the fifth annual Clean Air Excellence Awards ceremony in Washington, D.C. "Across the nation, these award winners are using innovative approaches to help make our nation's air cleaner," said Jeff Holmstead, assistant administrator for air. "The winners of the Clean Air Excellence Awards are examples of how one person -- or one organization -- can make a positive difference." The Clean Air Excellence Awards program, sponsored by EPA, recognizes and honors outstanding, innovative efforts to make progress in achieving cleaner air. The program was established in 2000 at the recommendation of the Clean Air Act Advisory Committee (CAAAC), a senior-level policy committee that advises EPA on issues related to implementing the Clean Air Act Amendments of 1990. The five categories of awards and this year's awardees: CLEAN AIR TECHNOLOGY COMMUNITY DEVELOPMENT/RE-DEVELOPMENT EDUCATION/OUTREACH REGULATORY/POLICY INNOVATIONS TRANSPORTATION EFFICIENCY INNOVATIONS For more information, go to: http://www.epa.gov/air/caaac/2004awar.html News for release: Tuesday, April 5, 2005 U.S. Environmental Protection Agency (EPA) Twelve Additional Areas now Meet National Air Quality Standards for Fine Particle Pollution Contacts: John Millett, 202-564-4355 / millett.john@epa.gov (Washington, D.C.-April 5, 2005) Today the Environmental Protection Agency added twenty-one counties in 12 areas across nine states to the list of counties that meet the nation's new, more protective air quality standards for fine particle pollution (PM2.5). Across the United States, there are 30 states designated as "in attainment." These areas are home to over 197 million people. The 12 additional newly designated attainment areas include more than 5 million people and represent continued progress toward cleaner air and improved public health. The designations made by EPA in December 2004 were based on 2001-2003
air quality data. Following these designations, EPA provided an opportunity
for states to submit updated, quality-assured, certified air quality data
for 2002-2004 because EPA originally designated PM2.5 nonattainment areas
so close to the end of 2004. The addition of these After reviewing the 2002-2004 air quality monitoring data provided by the states, EPA found that eight areas previously identified as not meeting the national air quality standards should be designated as "in attainment." These areas and the counties include: Columbus, GA-AL (Muscogee, GA and Russell, AL counties); San Diego, CA (San Diego county); Athens, GA (Clarke county); Elkhart, IN (Elkhart and St. Joseph counties); Lexington, KY (Fayette and Mercer [partial] counties); Toledo, OH (Lucas and Wood counties); Youngstown-Warren, OH-PA (Columbiana, OH, Mahoning, OH, Trumbull, OH, Mercer, PA); and Marion, WV (Marion, Monongalia [partial] and Harrison [partial] counties). In addition, based on updated 2002-2004 air quality monitoring data,
EPA is also designating as in attainment four areas identified in December The 39 final nonattainment areas remaining after today's designations, home to over 90 million people, are required to attain clean air as soon as possible but no later than 2010. EPA may grant attainment date extensions of up to five years in areas with more severe PM2.5 problems and where emissions control measures are not available or feasible. Background Fine particle pollution, also called PM2.5, is a mixture of microscopic solids and liquid droplets suspended in air. Fine particles can be emitted directly (such as smoke from a fire) or formed in the atmosphere from power plant, industrial and mobile source emissions of gases such as sulfur dioxide and nitrogen oxides. These tiny particles can aggravate heart and lung diseases and have been associated with very serious health problems including heart attacks, chronic bronchitis and asthma attacks. Meeting the PM2.5 standards will prevent at least 15,000 premature deaths; 75,000 cases of chronic bronchitis; 10,000 hospital admissions for respiratory and cardiovascular disease; hundreds of thousands of occurrences of aggravated asthma; and 3.1 million days when people miss work because they are suffering from symptoms related to particle pollution exposure. Attaining clean air in these additional areas is a step towards realizing those benefits.
For more information on fine particle pollution, visit: News for release: Monday, April 4, 2005 U.S. Environmental Protection Agency (EPA) Evergreen to Pay Largest-Ever Penalty for Concealing Vessel Pollution- Container Shipping Company to Pay $25 Million Contact: EPA, 202-564-4355; DOJ, 202-514-2007; TDD, 202-514-1888
Evergreen pleaded guilty today to 24 felony counts and one misdemeanor
five counts from each federal district involved in the case for concealing
the deliberate, illegal discharge of waste oil and for a negligent discharge
in the Columbia River. The charges include making false statements, obstruction
of Coast Guard inspections, failing to maintain an accurate Oil Record
Book, and one negligent violation of the Clean Water Act relating to the
discharge in the Columbia River. "The deliberate and purposeful pollution of our oceans and America's waterways must be met with strict enforcement," said Deputy Attorney General James Comey. "This penalty has secured justice against Evergreen and provided a victory for all Americans who enjoy and respect our environment. I want to thank the Justice Department's Environmental Crimes Section for their hard work and the U.S. Attorneys from the Central District of California,New Jersey, Oregon, South Carolina and the Western District of Washington, along with the EPA and Coast Guard whose efforts made this agreement possible." Engine room operations on board large oceangoing vessels generate large amounts of waste oil. International and U.S. law prohibit the discharge of waste oil without treatment by an oil water separator a required pollution prevention device. The law also requires all overboard discharges be recorded in an Oil Record Book, a required log which is regularly inspected by the Coast Guard. In May 2001, the U.S. Coast Guard discovered Evergreen was using bypass pipes aboard their ships to illegally discharge waste oil into the ocean without treating it in an oil-water separator. The discharge of oil and other toxic petroleum-related wastes can cause significant harm to marine life. The filing of charges in each district was announced today by James Comey,
Deputy Attorney General; Thomas L. Sansonetti, Assistant Attorney General
for the Environment and Natural Resources Division, Department of Justice;
Thomas V. Skinner, Acting Administrator for Enforcement and Compliance
Assurance for the Environmental Protection Agency (EPA); Debra W. Yang,
U.S. Attorney for the Central District of California; Christopher J. Christie,
U.S. Attorney for the District of New Jersey; Karin J. Immergut, U.S.
Attorney for the District of Oregon; Jonathan S. The investigation of Evergreen ships and companies began on March 4, The violations on these two vessels led the U.S. Coast Guard to conduct "Priority One" inspections of other vessels owned, operated, or affiliated with Evergreen in various United States ports. The federal investigation was conducted with the assistance of the WDOE as well as the EPA's Criminal Investigations Division and the Federal Bureau of Investigation, and revealed that at least seven Evergreen ships (Ever Group, Ever Given, Ever Dainty, Ever Refine, Ever Gleeful, Ever Laurel, and Ever Reward) regularly and routinely used bypass equipment to discharge oily waste and sludge oil while circumventing required pollution prevention equipment and concealing the discharges in fictitious logs which it knew were inspected regularly by the Coast Guard. In a factual statement filed by the court, Evergreen admitted that it knew the fictitious logs were regularly inspected by the Coast Guard. "Evergreen illegally discharged waste oil and then attempted to conceal its actions, thereby compounding its crimes," said Thomas V. Skinner, EPA's Acting Assistant Administrator for Enforcement and Compliance Assurance. "This guilty plea sends a clear and strong message to shipping companies: they will pay a heavy price if they intentionally violate our nation's environmental laws." According to a detailed factual statement filed in court and which Evergreen has admitted is accurate: During a 3½ year period, Evergreen discharged waste oil and sludge Evergreen concealed illegal discharges in order to prevent discovery Evergreen made false statements to the Coast Guard about the "Cheating and deceiving is no way to conduct business, and the actions of Evergreen undermined the hard work of every honest operator that complies with these laws each day," said Admiral Gilmour. "In order to protect our waters and maintain fair competition, the Coast Guard will continue to focus enforcement actions toward those who intentionally pollute and deliberately lie to the United States authorities to conceal their criminal behavior." Four related Evergreen companies Evergreen Marine (Taiwan), Evergreen
America, Greencompass Marine, S.A., and Evergreen International, S.A. Assistant Attorney General Sansonetti and U.S. Attorneys Yang, Christie, Immergut, Gasser, and McKay commended the investigation conducted by U.S. Coast Guard units in each port, the Washington State Department of Ecology, Coast Guard Investigative Service, Coast Guard Office of Maritime and International Law, Coast Guard Office of Investigations and Analysis, EPA Criminal Investigations Division, Federal Bureau of Investigation, and U.S. Department of Transportation Office of the Inspector General. The case was prosecuted by the Environmental Crimes Section of the U.S. Department of Justice and the U.S. Attorney's Offices.
For Release: (Washington, D.C. - April 1, 2005) (1) First Toxic Air Pollutant Risk Standards Strengthen Coke Oven Controls
Contact: John Millett, 202-564-7842 / millett.john@epa.gov On Thursday, March 31, EPA issued the first in a series of emissions
reductions requirements known as residual risk standards, requiring further
reductions in emissions of toxic air pollutants from coke ovens. These final amendments also include requirements for new or reconstructed coke oven batteries that reflect improvements in emission control practices that have occurred in the years since the 1993 standard. These standards will reduce health risks remaining after a category of industrial sources has fully implemented technology-based emissions standards for toxic air pollutants. Coke ovens convert coal to a higher carbon-content fuel called coke which is burned to produce iron at steel mills and foundries. These standards apply to coke oven emissions from nine batteries of coke ovens at five coke plants throughout the country. In 1993, EPA issued technology-based emissions standards for these batteries requiring them to utilize MACT to reduce toxic air emissions. Since 1990, EPA has issued 96 MACT regulations that require 174 industry source categories to eliminate 1.5 million tons per year of 188 toxic air pollutants. Most existing facilities are reducing emissions beyond the limits required by the 1993 regulation. The final amendments will further reduce risks to public health by requiring the current level of emissions control to be maintained. To read a copy of the rule and a fact sheet summarizing the action, (2) EPA Empowering Communities to Reduce Risks from Toxic Exposure Contact: John Millett, 202-564-7842 / millett.john@epa.gov EPA is launching a new grant program to help communities understand and
reduce the risk of exposure to toxic chemicals. The Community Action for
a Renewed Environment program is a community-based, community-driven,
multi-media demonstration program. Through the Community Action for a
Renewed Environment program, EPA is offering financial and technical assistance
to help communities understand and reduce risks caused by toxics from
multiple sources. The program will award $1.65 million in grant money
through two levels of funding. Under Level I, communities will receive
approximately $75,000 to establish collaborative partnerships and set
priorities for reducing toxic risks in their local areas. Level II offers
approximately $300,000 to communities that already have a broad-based
collaborative partnership, have identified priorities, and are ready to
implement risk reduction strategies. A total of 10 projects will be funded
nationally in FYO5. Enforcement Wrap-up Contact: Stacie Findon, 202-564-7338 / findon.stacie@epa.gov (3) Second Man Sentenced in Michigan Waste Treatment Facility Case Gazi George, former vice president of City Environmental Inc., was sentenced
on March 16 in U.S. District Court for the Eastern District of Michigan
in Detroit, to serve 27 months in prison, pay a $60,000 fine and serve
three years under court supervision after release. George had earlier
pleaded guilty to violating the Clean Water Act and the Resource Conservation
and Recovery Act. A codefendant, former Plant Manager Donald Roeser, was
sentenced in December 2004 to serve 12 months in prison and pay a $60,000
fine. U.S. Liquids, a Texas company that formerly owned City Environmental,
paid a $5.5 million fine in 2002. (4) President of Former Pennsylvania Laboratory Sentenced for Mail Fraud Edward V. Kellogg, president, quality control officer, and owner of the former Johnson Laboratories Inc., in New Cumberland, Pa., was sentenced to serve 16 months in prison on March 15 in U.S. District Court for the Eastern District of Pennsylvania in Allentown, Pa., for his conviction on 34 counts of mail fraud. The defendant will also pay $7,181 in restitution to his victims and pay a $3,400 special assessment. He will serve 36 months under court supervision and provide 80 hours of community service after he is released from prison. From May 1998 through July 2000, Kellogg engaged in a scheme to defraud customers of Johnson Laboratories by billing them for false environmental test reports. Johnson Laboratories was in the business of providing analytical testing of water and wastewater samples. Environmental test results for Volatile Organic Chemicals were falsely prepared, and Kellogg billed customers for the fraudulent test results. Submitting false laboratory results can prevent pollution control programs from being effective. The case was investigated by the Philadelphia Office of EPA's Criminal Investigation Division, the EPA Office of Inspector General, the Environmental Crimes Section of the Pennsylvania Attorney General's Office and the Pennsylvania Department of Environmental Protection's Bureau of Laboratories. EPA's National Enforcement Investigations Center provided forensic investigative support. The case was prosecuted by the U.S. attorney's office for the Eastern District of Pennsylvania. (5) Man Who Served Year in Prison for Environmental Fraud Conviction Indicted Again Michael Klusaritz of Whitehall, Pa., was charged with two counts of false
statements and one count of mail fraud on March 16 in U.S.
EPANEWS Release: (Monday, March 28, 2005) EPA to Announce Cancer Guidelines Contacts: Cynthia Bergman, 202-564-9828; bergman.cynthia@epa.gov (Washington, D.C.-March 28, 2005) EPA officials will announce principles and procedures to guide EPA scientists in assessing cancer risk from exposures to environmental pollutants. WHO: Bill Farland, Acting Deputy Assistant Administrator for WHAT: Announcement of EPA cancer guidelines WHEN: Tuesday, March 29, 2005, 10:00 a.m. WHERE: 41213 Ronald Reagan Building From the 13 1/2 Street Entrance on Pennsylvania Avenue: From the Federal Triangle Metro Station cross the Woodrow Wilson Plaza: For other questions about directions, contact Phillip Loosli at 202-436-2302. EPANEWS Release: (Washington, D.C. - March 24, 2005) (1) EPA Provides $10 Million to Improve Beach Water
Quality Monitoring
Contact: Stacie Findon, 202-564-7338 / findon.stacie@epa.gov Today, the U.S. Environmental Protection Agency announced the availability of an additional $10 million in grants to eligible states, territories, and tribes to monitor beach water quality, bringing the five-year total to nearly $42 million. As a critical part of the Administration's Clean Beaches Plan, this is the fifth year that grants are being made available since the Beaches Environmental Assessment and Coastal Health (BEACH) Act passed in October 2000. "Americans want clean and healthy beaches," said EPA's Assistant Administrator for Water Ben Grumbles. "These funds will help improve water monitoring and public information programs to alert beachgoers about the health of their beaches." The grants are designed to support water monitoring, which helps to ensure that the public receives information on how to protect their health when visiting beaches. Beach water monitoring results are used to issue warnings and closures if bacteria levels are at unsafe levels and to help identify actions needed to reduce pollution. In addition, as part of the Clean Beaches Plan, EPA is developing new technology that will provide faster test results, which will enable local health agencies to more quickly determine if a beach should be open for swimming. Additional information about the beach program,
specific grant information and a table listing eligible states, territories
and the distribution of 2005 funds are available at: (2) Agency Proposes to Maintain Pollution Permit Requirements for Five Small Industries Contact: Enesta Jones, 202-564-7873 / jones.enesta@epa.gov On March 23, 2005, EPA proposed a rule that would
permanently exempt small facilities in five industrial categories from
the requirement to obtain federal operating permits. The proposal would
exempt the following "area sources" of toxic air pollution:
dry cleaners; halogenated solvent degreasers; chrome electroplaters; ethylene
oxide sterilizers; and secondary aluminum smelters. An "area source"
emits less than 10 tons a year of a single toxic air pollutant, or fewer
than Today's proposal would not: In order to exempt a category of "area sources"
from operating permitting requirements, the Clean Air Act requires that
EPA determine that complying with the requirements is impracticable, infeasible,
or unnecessarily burdensome for the affected facilities. In most states,
these sources will be required to obtain operating permits by Dec. 9, Under the Title V operating permit programs, every industrial facility that is a major source of toxic air pollution must apply for an operating permit. Smaller "area sources" of pollution also must obtain operating permits unless EPA specifically exempts them from this requirement. EPA will accept comment on this proposal for 60 days following Federal Register publication of the proposed rule. For more information and copy of this proposed
rule, go to: Enforcement Wrap-up Contact: Stacie Findon, 202-564-7338 / findon.stacie@epa.gov (3) Oregon Man Sentenced in Illegal Paint Disposal Case Robert Patrick Mominee, of Salem, Ore., former
technical director of Ponderosa Paint, in Boise, Idaho, was sentenced
on March 10, in U.S. (4) Idaho Company Charged with Violating Clean Water Act Lynn Plasma Inc., of Garden City, Idaho, was charged
on March 3 in U.S. |