EPA National News: EPA Press Advisory: 1. EPA Adjusts Maximum Civil Penalties for Inflation; 2. EPA Seeks Comment on Request for Information from Service Station Dealers; 3. New Waste Management Guide for Native Americans; 4. Workshop on Implementation of Recent Pesticide Fee Legislation; 5. Texas Man Sentenced for Not Reporting Hazardous Waste Importation Scheme; 6. Five Individuals Indicted in Virgin Islands Sewer Repair Fraud Cas; 7. California Woman Sentenced for Environmental Testing Fraud
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EPA Press Advisory: 1. EPA Adjusts Maximum Civil Penalties for Inflation; 2. EPA Seeks Comment on Request for Information from Service Station Dealers; 3. New Waste Management Guide for Native Americans; 4. Workshop on Implementation of Recent Pesticide Fee Legislation; 5. Texas Man Sentenced for Not Reporting Hazardous Waste Importation Scheme; 6. Five Individuals Indicted in Virgin Islands Sewer Repair Fraud Cas; 7. California Woman Sentenced for Environmental Testing Fraud

1. EPA Adjusts Maximum Civil Penalties for Inflation
Cynthia Bergman 202-564-7862 / bergman.cynthia@epa.gov


02/26/2004 - In accordance with federal law, EPA has issued a final rule that adjusts the maximum amount of civil monetary penalties that can be imposed under the environmental statutes EPA implements. All federal agencies are required to issue, at least once every four years, regulations adjusting for inflation the maximum civil monetary penalties that can be imposed pursuant to each agency’s statutes. The purpose of these adjustments is to maintain the deterrent effect of civil monetary penalties and to promote compliance with the law. Effective 30 days after publication in the Federal Register, the new rule increases the existing statutory maximum penalties by 17.23 percent, representing inflation increases that occurred from 1996-2003. The first adjustment occurred in 1996. The new rule was delayed to allow for additional public comment on methods used to round penalties, once adjusted for inflation. To see the Federal Register notice, click on:
http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2004/pdf/04-3231.pdf .

2. EPA Seeks Comment on Request for Information from Service Station Dealers
Cynthia Bergman 202-564-7862 / bergman.cynthia@epa.gov

EPA is developing a model application/information request under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) that is focused specifically on the service station dealer industry. The model document is designed to be an efficient method for gathering the information necessary to decide which parties it should not treat as potentially responsible parties (PRPs) at a particular Superfund site. This new request would be used in lieu of a more general information request for any party EPA believes may be eligible for the service station dealer exemption. EPA published, in a February 3, 2004, Federal Register notice, the “Draft Model CERCLA Application/Information Request for Service Station Dealers,” which provides for a 60-day public comment period. The Agency will hold a public meeting to discuss questions and comments on the draft model on Wednesday, March 3, from 1 to 4 p.m. in Room 6226 of EPA’s Ariel Rios South Building, 1200 Pennsylvania Ave. N.W., Washington, D.C.

3. New Waste Management Guide for Native Americans
Dave Ryan 202-564-7827 / ryan.dave@epa.gov

EPA’s Tribal Solid Waste Management Program has developed “Tribal Decision-Makers Guide to Solid Waste Management,” a publication designed to give Native American leaders a comprehensive guide to solid waste management (SWM). It includes case studies of over 40 tribes and Alaskan Native Villages that have successfully implemented SWM systems and will help leaders protect their environment and the health of their members. Each section of the report focuses on a distinct component of solid waste management, including developing a plan; developing and enforcing regulations; structuring collection and disposal programs; implementing waste reduction and recycling components; conducting outreach and education; and obtaining funding. The guide is available online at: http://www.epa.gov/tribalmsw ; to order a print copy, call the National Center for Environmental Publications at 1-800-490- 9198.

4. Workshop on Implementation of Recent Pesticide Fee Legislation
David Deegan 617-918-1017 / deegan.dave@epa.gov

A public workshop scheduled for Thursday, March 11 will explain a recently enacted legislation. The legislation establishes a fee structure when pesticide products are undergoing the Agency’s pre-market review and registration process. Legislation authorizing EPA to charge pesticide manufacturers fees for specified pesticide registration applications was signed into law on Jan. 23 and becomes effective on March 23. The workshop will include an overview of provisions of the law, information for pesticide registrants on new requirements for submitting pesticide registration applications, and discussion of how EPA is updating procedures to collect the new fees and and meet the requirements of the new law. There will be ample opportunity for discussion and questions by participants. Registration for the workshop begins at 8:30 a.m. on March 11, at the National Rural Electric Cooperative Association, 4301 Wilson Boulevard, Arlington, Va. 22203. An agenda, as well as other information regarding the new legislation, is available at: http://www.epa.gov/pesticides/fees . EPA is seeking input from all stakeholders through this public workshop and other mechanisms to ensure that the implementation process is as smooth as possible. EPA intends to hold additional workshops on other aspects of the fee program as those topics become further developed.

Enforcement Wrap-Up

Suzanne Ackerman 202-564-7819 / ackerman.suzanne@epa.gov
5. Texas Man Sentenced for Not Reporting Hazardous Waste Importation Scheme

Victor Manuel Arroyo Balderas, warehouse coordinator for Encon Environmental Services, El Paso, Texas; was sentenced on Feb. 12 to 15 months in prison and ordered to pay a $1,500 fine for intentionally not telling authorities about a criminal scheme involving the importation of hazardous waste into the United States in violation of the Resource Conservation and Recovery Act. The scheme began in 1995 and involved the illegal importation of hazardous wastes, including mercury-contaminated soil, into the United States from Mexico. The wastes were illegally stored at several Encon facilities in El Paso. Failing to properly dispose of mercury-contaminated wastes can lead to human contact with mercury which, depending on the amount and variances in individual rates of absorption, can cause severe neurological damage and, in some cases, death. The case was investigated by the EPA Criminal Investigation Division’s Dallas Area Office, the Texas Commission on Environmental Quality, the U.S. Department of Homeland Security’s Bureau of Immigration and Customs Enforcement and the FBI. It was prosecuted by the U.S. Attorney’s Office in El Paso.
6. Five Individuals Indicted in Virgin Islands Sewer Repair Fraud Case

On Feb. 20, Ashley Andrews, a Virgin Islands (VI) attorney; Ohanio Harris, former Special Assistant to the VI Governor; Alicia Hansen, former VI Senator and her husband Esdell Hansen; and Campbell Malone, a certified public accountant, were all indicted on charges that they conspired to violate federal and territorial laws. The alleged conspiracy included wire fraud, program fraud, bribery, fraudulent claims upon the Virgin Islands and violation of territorial conflict of interest statutes. The indictment alleges that the defendants created a company named Global Resources Management Inc., in order to bid on a contract to repair the St. Croix sewer system. The VI government has been under a consent decree to repair the system since 1984, because the system regularly discharged large quantities of raw sewage into St. Croix streets and into harbors in Christiansted and Frederiksted. The indictment alleges that the defendants illegally conspired to obtain a no-bid contract to conduct the repairs. Several defendants were also allegedly involved in bribery and conflict of interest, and others are accused of submitting fraudulent bills for work done in preparing a contract proposal. The case is being prosecuted by the U.S. Attorney’s office in St. Thomas. An indictment is merely an allegation and all defendants are presumed innocent unless or until proven guilty in a court of law.

7. California Woman Sentenced for Environmental Testing Fraud

Regina Coleman of Inglewood, Calif., operator of a business known as Diversified Environmental Services Inc., in Los Angeles, was sentenced on Feb. 23 to 15 months imprisonment and ordered to pay $303,930 in restitution for her conviction on three felony counts of mail fraud. From 1998 through 2001, Coleman, who falsely claimed to hold a Ph.D., was paid by her clients to obtain samples of industrial wastewater from discharge points in sewers and send them to certified laboratories for analysis. Coleman then provided reports of analyses which the clients used in their discharge permit compliance reports to sanitation districts. Surveillance operations indicated that Coleman used inoperable sampling equipment and therefore did not collect samples for analysis. Instead, she generated false analysis reports and mailed them to her clients, defrauding her clients out of more than $300,000. Accurate discharge information is necessary for permit compliance because discharging excessive levels of industrial pollutants can damage sewage treatment facilities, prevent the proper treatment of sewage and create a threat to surface waters and aquatic life downstream of sewage treatment plant outflows. The case was investigated by the Los Angeles Area Office of EPA’s Criminal Investigation Division, the Office of Inspector General of the U.S. Postal Service and the Los Angeles County Sanitation Districts. It was prosecuted by the U.S. Attorney’s Office in Los Angeles.

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Release date:02/26/2004 Receive our News Releases Automatically by Email

 

 
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