EPA National News: 1. EPA ANNOUNCES RULE TO REDUCE DIESEL EMISSIONS ON FARMS, 2. LOUISIANA ENVIRONMENTAL CLEANUP COMPANY AND ITS PRESIDENT INDICTED ON THREE COUNTS OF MAIL FRAUD, 3. COLORADO RADIATOR SHOP OWNER CHARGED WITH VIOLATING STATE HAZARDOUS WASTE LAWS, 4. LOUISIANA CORPORATION SENTENCED TO LARGEST CLEAN AIR FINE IN LOUISIANA HISTORY, 5. COLORADO MAN SENTENCED TO 33 MONTHS IN PRISON AFTER VIOLATING PROBATION FOR CLEAN WATER ACT SENTENCE
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1. EPA ANNOUNCES RULE TO REDUCE DIESEL EMISSIONS ON FARMS, 2. LOUISIANA ENVIRONMENTAL CLEANUP COMPANY AND ITS PRESIDENT INDICTED ON THREE COUNTS OF MAIL FRAUD, 3. COLORADO RADIATOR SHOP OWNER CHARGED WITH VIOLATING STATE HAZARDOUS WASTE LAWS, 4. LOUISIANA CORPORATION SENTENCED TO LARGEST CLEAN AIR FINE IN LOUISIANA HISTORY, 5. COLORADO MAN SENTENCED TO 33 MONTHS IN PRISON AFTER VIOLATING PROBATION FOR CLEAN WATER ACT SENTENCE

Press Advisory


Following are some Agency developments which may interest you. If you need
more information on any of these subjects, call the appropriate contact.


EPA ANNOUNCES RULE TO REDUCE DIESEL EMISSIONS ON FARMS

Cathy Milbourn 202-564-7824/milbourn.cathy@epa.gov


EPA, on April 9, issued a direct final rule that will give California farmers the option to replace existing stationary diesel-powered engines used in agricultural operations with cleaner engines certified to nonroad mobile source emission standards. This rule only applies to California operations because California is the only state with both severe and extreme ozone nonattainment areas where agricultural engines have the potential to contribute emissions above major source thresholds. Replacing the current stationary engines with the certified nonroad engines will significantly improve emissions performance. EPA expects that the financial incentives available to farmers through an existing state program, along with the anticipated funding assistance from the U.S. Department of Agriculture, will further encourage such engine changes in the next few years. EPA estimates that approximately 2,200 older engines remain in use in California nonattainment areas and that replacing these engines would result in reductions of up to 4,400 tons of NOx annually -- nearly a 20 percent reduction in farm-related NOx emissions. A copy of the rule will be published soon in the Federal Register. For additional information, see: www.epa.gov/otaq/equip-hd.htm

ENFORCEMENT WRAP-UP

John Millet 202 564-7812/millet.john@epa.gov
LOUISIANA ENVIRONMENTAL CLEANUP COMPANY AND ITS PRESIDENT
INDICTED ON THREE COUNTS OF MAIL FRAUD


George L. Martin and his company, Latico International Inc., located in Denham Springs, La., were indicted on March 26 in U.S. District Court for Louisiana in Baton Rouge, La., on three felony counts of mail fraud. The indictment alleges that on Feb. 28, 1999, March 31, 1999, and Jan. 10, 2000, the defendants submitted bogus invoices to Entergy seeking payment for environmental clean up services for polychlorinated biphenyl contamination, which were never performed. Entergy sent Latigo a check for $114,410.00 to pay the false bill. Failing to perform environmental clean up services can create a public health risk. During the evening hours of March 26, Martin was arrested based on information that he was a flight risk and had been liquidating his assets. If convicted on all charges Martin faces a maximum sentence of up to 15 years in prison and or a fine of up to $750,000. Latico faces a maximum possible sentence of up to five years probation and/or $1.5 million in fines, if convicted. This case is being jointly investigated by the New Orleans Area Office of EPA’s Criminal Investigation Division and the FBI, with assistance from EPA’s National Enforcement Investigations Center. It is being prosecuted by the U.S. Attorney’s Office in Baton Rouge. An indictment is merely an allegation and all defendants are presumed innocent unless or until proven guilty in a court of law.

COLORADO RADIATOR SHOP OWNER CHARGED WITH
VIOLATING STATE HAZARDOUS WASTE LAWS


Curtis Wayne Ford, owner of Western Slope Radiator in Grand Junction, Colo., was charged on March 21 in Mesa County Colorado District Court with violating the Colorado Hazardous Waste Act for allegedly storing hazardous wastes without a permit. The unpermitted storage of hazardous wastes can present a human health hazard to individuals who visit or perform work at the facility. This case is the result of a joint investigation by the Colorado State Attorney General’s Office and the Denver Area Office of EPA’s Criminal Investigation Division. It is being prosecuted by the Colorado Attorney General’s Office in Denver. The bringing of charges is merely an accusation and all defendants are presumed innocent unless or until proven guilty in a court of law.

LOUISIANA CORPORATION SENTENCED TO LARGEST
CLEAN AIR FINE IN LOUISIANA HISTORY


PCS Nitrogen Inc., which operates a chemical plant in Geismar, La., was sentenced on March 17 to pay a $1.75 million fine in U.S. District Court for Louisiana in Baton Rouge for violating the Clean Air Act (CAA). On March 28, PCS paid a $250,000 fine in Louisiana State Court for similar offenses. PCS will also serve five years’ probation and complete the installation of over $9 million in additional pollution control equipment at its Geismar facility. This is the largest fine for an environmental offense in Louisiana history. PCS admitted that employees at its Geismar facility failed to include 20 sources of air pollution in the company’s CAA Title V air permit. Failing to include sources of air pollution in an air permit can lead to poor air quality, which can cause lung diseases. The case was investigated by the New Orleans Area Office of EPA’s Criminal Investigation Division and the FBI with assistance from EPA’s National Enforcement Investigations Center. It was prosecuted by the U.S. Attorney’s Office in Baton Rouge.

COLORADO MAN SENTENCED TO 33 MONTHS IN PRISON AFTER VIOLATING
PROBATION FOR CLEAN WATER ACT SENTENCE


David Allen Phillips was sentenced on March 26 to 33 months in prison by the U.S. District Court for the District of Montana in Billings, Mont., after a parole violation. Phillips violated his probation by committing a local crime, by failing to pay child support, by failing to pay his scheduled restitution, by submitting false reports to his probation office concerning his earnings, and by being self-employed. This is the first Clean Water Act (CWA) conviction in Montana for which a prison sentence has been ordered. Phillips was previously sentenced in January 2002 to pay a fine of $20,000 and pay $43,000 in restitution for violating the CWA and conspiracy to violate the CWA by filling in approximately 12 acres of high quality wetlands without a permit near Phillipsburg, Mont. Phillips filled in the wetlands to develop and sell recreational homesites. Wetlands are important natural systems that purify surface waters and they are important breeding grounds for wildlife. The case was investigated by the Denver Area Office of EPA’s Criminal Investigation Division and the Internal Revenue Service Criminal Investigation Division with assistance from the Montana Department of Environmental Quality and the assistance of EPA’s National Enforcement Investigations Center. The U.S. Probation Office in Missoula, Mont., participated in the probation revocation. The case was prosecuted by the U.S. Attorney’s Office in Billings, Mont.

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