EPA National News: 1. EPA ISSUES LATEST IN SERIES OF STOP-SALE ORDERS TO COMPANIES SELLING PRODUCTS WITH UNPROVEN ANTHRAX, TUBERCULOCIDAL CLAIMS, 2. KOPPERS INDUSTRIES INC., SENTENCED TO PAY $3M, SERVE PROBATION, 3. N.J. MAN PLEADS GUILTY IN PENNSYLVANIA HAZARDOUS WASTE CASE, 4. SUBSIDIARIES OF W.VA. COMPANY PLEAD TO CLEAN WATER VIOLATIONS
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1. EPA ISSUES LATEST IN SERIES OF STOP-SALE ORDERS TO COMPANIES SELLING PRODUCTS WITH UNPROVEN ANTHRAX, TUBERCULOCIDAL CLAIMS, 2. KOPPERS INDUSTRIES INC., SENTENCED TO PAY $3M, SERVE PROBATION, 3. N.J. MAN PLEADS GUILTY IN PENNSYLVANIA HAZARDOUS WASTE CASE, 4. SUBSIDIARIES OF W.VA. COMPANY PLEAD TO CLEAN WATER VIOLATIONS



Press Advisory

Following are some Agency developments which may interest you. If you need
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ENFORCEMENT WRAP-UP
Luke C. Hester 202-564-7818/hester.luke@epa.gov
Teresa Libera 202-564-7873/libera.teresa@epa.gov
EPA ISSUES LATEST IN SERIES OF STOP-SALE ORDERS TO COMPANIES
SELLING PRODUCTS WITH UNPROVEN ANTHRAX, TUBERCULOCIDAL CLAIMS


On Dec. 23, EPA ordered American Biotech Labs of Alpine, Utah, to immediately stop selling a registered pesticide, ASAP Solution, whose Internet advertising contains unproven claims to kill anthrax, tuberculosis and other public health diseases. Under the Federal Insecticide, Fungicide, and Rodenticide Act, it is illegal to sell or distribute a registered pesticide with claims about the product that substantially differ from claims accepted as a part of its registration with EPA. Before a legal claim can be made that a product protects people from disease-causing microorganisms, a company must first prove that the product is safe and effective for consumer use. On its Internet site, American Biotech Labs claimed that ASAP Solution is approved by EPA and proven to kill bacteria such as tuberculosis, the anthrax spore, streptococcus pneumonia, yeasts and viruses. The product is registered only as a limited-use disinfectant against gram negative bacteria such as salmonella. Since receiving the Agency’s stop sale order, American Biotech Labs has ceased making these inaccurate claims at its web site. Within the past year, the Agency has ordered four other companies to cease marketing and illegally selling pesticides over the Internet for use against anthrax. In December 2001, EPA ordered Homeland Security Plus of Gilbert, Ariz., and Testing Kits Inc. of Fort Lauderdale, Fla., to immediately stop selling unregistered pesticides allegedly to be used in protection against anthrax and bio-terrorism. In September 2002, EPA ordered Aerotech Laboratories Inc. Phoenix, Ariz., and American Security and Control, Falls Church, Va., to cease claiming in their advertising that respective unregistered pesticide products allegedly protect against anthrax and cease sales of the products for such purposes. Currently, there are no pesticides registered with EPA to kill anthrax. EPA continues to inspect advertisements on the Internet and other marketing venues to identify unregistered pesticides being sold illegally to the public.
KOPPERS INDUSTRIES INC., SENTENCED TO PAY $3M, SERVE PROBATION

Koppers Industries Inc., of Pittsburgh, Pa., was sentenced on Dec. 13 on two felony violations of the Clean Water Act and one felony violation of the Clean Air Act. Koppers pleaded guilty to the violations in August 2002. Koppers will pay a $2.1 million fine, pay $900,000 in restitution to the Black Warrior-Cahaba Rivers Land Trust, serve three years probation and implement an environmental compliance program at its facilities throughout the United States. The convictions resulted from releases of hazardous air and water pollutants that exceeded permitted limits at the company’s now-closed coke production and coal by-products facility in Dolomite, Ala. Koppers operated a waste-water treatment plant at the Dolomite facility and also had a storm- water discharge point-source permit, which required it to limit the amount of ammonia in its water discharges. The company was also required to submit discharge monitoring reports (DMRs) to the Alabama Department of Environmental Management indicating the level of pollutants contained in its waste water. Koppers had admitted that its employees knowingly discharged wastewater that exceeded the permitted level of ammonia in January 1997; that in March 1997, its employees knowingly submitted a false DMR to the state agency that understated the level of released ammonia; and that it violated the Clean Air Act by allowing sumps in its benzene suppression system to remain open to the air when they were required to be closed. The release of ammonia to surface waters can significantly harm fish and wildlife and exposure to benzene is a known cause of cancer. J. Daniel Bell of Birmingham, Ala., Koppers’ former Environmental Manager, previously pleaded guilty to a CWA felony charge. This case was investigated by EPA’s Criminal Investigation Division and the FBI and was prosecuted by the U.S. Attorney’s office in Birmingham, EPA’s Regional Criminal Enforcement Counsel and DOJ’s Environmental Crimes Section.
N.J. MAN PLEADS GUILTY IN PENNSYLVANIA HAZARDOUS WASTE CASE

Myron Feldman of Englewood Cliffs, N.J., pleaded guilty on Dec. 16 to violating the Resource Conservation and Recovery Act by illegally storing ignitable hazardous wastes. Feldman was part owner of the now-closed Pennsylvania Textile Corp. (Penn-Tex) in West Hazelton, Pa. He illegally stored 67 drums of ignitable hazardous wastes for years at the Penn-Tex facility in Hazleton and when the facility ceased operation in 1998, the company abandoned almost 400 drums and other containers of unusable chemicals, a number of which contained hazardous waste. Illegally storing ignitable hazardous wastes creates a fire hazard and a hazard to firefighters and other emergency personnel who may have to respond to a fire. Cleanup at the Penn-Tex facility cost the Pennsylvania Department of Environmental Protection (PADEP) approximately $230,000. The case was investigated by EPA’s Criminal Investigation Division with assistance from EPA’s National Enforcement Investigations Center and the PADEP Bureau of Investigations. It is being prosecuted by the U.S. Attorney’s office for the Middle District of Pennsylvania.
SUBSIDIARIES OF W.VA. COMPANY PLEAD TO CLEAN WATER VIOLATIONS

Independence Coal Co. Inc., and Omar Mining Co. Inc., both subsidiaries of Massey Coal Co. Inc., operating in Boone County, W.Va., pleaded guilty on Dec. 16 to negligently violating the Clean Water Act (CWA). Independence violated its CWA discharge permit by allowing a leaky pump in its coal preparation plant to discharge wastewater containing elevated levels of solids into Robinson Creek in June 2001. Omar allowed water containing elevated levels of solids and manganese from its stormwater control pond to be discharged into Robinson Creek in August 2001. These levels were above those allowed in Omar’s CWA discharge permit. The case was investigated by EPA’s Criminal Investigation Division and the West Virginia Department of Environmental Protection. It is being prosecuted by the U.S. Attorney’s office in Charleston.


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