EPA National News: EPA Press Advisory: (1) EPA Extends Public Comment Period, Adds Public Hearing for Utility Mercury Reductions Proposals, (2) Almost 1,400 Buildings Earn EPA’s Energy Efficiency Rating, (3) More Americans Look for ENERGY STAR, Consumer Survey Says, (4) Additional Public Comment Sought on 'Low-Activity' Radioactive Waste Advanced Notice of Proposed Rulemaking, (5) Treatment Projects Applied to 62 Percent of Superfund Sites, (6) Indiana Man Sentenced to 37 Months for Obstruction of Justice, (7) California Man Pleads Guilty to Mishandling of Dry Cleaning Wastes, (8) Chicago Warehouse Owner Pleads Guilty to Illegal Asbestos Removal, (9) Three Chicago Area Residents Indicted on Charges of Violating the Clean Water Act
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EPA Press Advisory: (1) EPA Extends Public Comment Period, Adds Public Hearing for Utility Mercury Reductions Proposals, (2) Almost 1,400 Buildings Earn EPA’s Energy Efficiency Rating, (3) More Americans Look for ENERGY STAR, Consumer Survey Says, (4) Additional Public Comment Sought on 'Low-Activity' Radioactive Waste Advanced Notice of Proposed Rulemaking, (5) Treatment Projects Applied to 62 Percent of Superfund Sites, (6) Indiana Man Sentenced to 37 Months for Obstruction of Justice, (7) California Man Pleads Guilty to Mishandling of Dry Cleaning Wastes, (8) Chicago Warehouse Owner Pleads Guilty to Illegal Asbestos Removal, (9) Three Chicago Area Residents Indicted on Charges of Violating the Clean Water Act

(1) EPA Extends Public Comment Period, Adds Public Hearing for Utility Mercury Reductions Proposals
John Millett, 202-564-7842 / millett.john@epa.gov


EPA will extend to April 30, the public comment period for the proposed Utility Mercury Reductions Rule. Administrator Leavitt signed the rule in December 2003. This extension gives the public more time to consider the December proposal and to evaluate the impacts of the supplemental proposal. The supplemental proposal, signed on February 24, will be published in the “Federal Register” shortly. On March 31, EPA will hold a hearing to listen to public comment on the supplemental proposal. The hearing will take place at the Hyatt Regency Denver, 1750 Welton Street, Denver, Colo. 80202, phone: 303-295-1234. The hearing will start at 8 a.m and continue into the evening to accommodate individuals who wish to comment. For information on the proposed Utility Mercury Reductions Rule and the Supplemental Proposal, and to read copies of the rules go to: http://www.epa.gov/mercury .

(2) Almost 1,400 Buildings Earn EPA’s Energy Efficiency Rating
John Millett, 202-564-7842 / millett.john@epa.gov

As of January 1, close to 1,400 of the nation’s most energy efficient buildings, representing about 325 million square feet, have earned EPA’s ENERGY STAR designation for superior energy performance. The buildings qualifying as ENERGY STAR use about 40 percent less energy than average buildings without compromising comfort or services. Among the top performing buildings are 791 offices and 375 public schools. Supermarkets, hospitals and hotels account for another 221 labeled buildings. There buildings can be found in 47 states and the District of Columbia. California, Colorado, North Carolina and Texas each have over 75 ENERGY STAR qualifying buildings. In 2003, almost 500 buildings were labeled, the most in any year since certification began. Buildings earn the ENERGY STAR by scoring a 75 or higher on EPA’s 100-point national energy rating scale. The average of all buildings qualifying for ENERGY STAR through 2003 is 84. These buildings must also meet industry standards for comfort and indoor air quality, as verified by a professional engineer. For more information go to: http://www.energystar.gov or call 1-888-STAR-YES.

(3) More Americans Look for ENERGY STAR, Consumer Survey Says
John Millett, 202-564-7842 / millett.john@epa.gov

Public awareness of ENERGY STAR has jumped to 56 percent of U.S. households, according to a recent nationwide survey. This is a 15 percentage point increase over prior years. In many major markets where local utilities and other organizations use ENERGY STAR to promote energy efficiency to their customers, public awareness of ENERGY STAR is even higher, averaging 67 percent. Other results from the survey include: one in five households selected an ENERGY STAR qualifying product in the past year, more than 50 percent of these households reported being favorably influenced by the ENERGY STAR, and more than 60 percent of these households reported they are likely to recommend ENERGY STAR products to their friends. ENERGY STAR was introduced by EPA in 1992 as a voluntary, market-based partnership to reduce air pollution through energy efficiency. Now with assistance from the Department of Energy (DOE), the ENERGY STAR is found on products in more than 40 categories for homes and offices. Products that have earned the ENERGY STAR prevent greenhouse gas emissions by meeting strict energy-efficiency specifications set by the EPA and DOE. Last year alone, Americans, with the help of ENERGY STAR, saved enough energy to power 20 million homes and avoid greenhouse gas emissions equivalent to those from 18 million cars - all while saving $9 billion. The report being released today presents EPA analysis of a survey commissioned by the Consortium for Energy Efficiency, a nonprofit organization that promotes the manufacture and purchase of energy-efficient products and services. For more information about ENERGY STAR or to download a copy of the report visit: http://www.energystar.gov .

(4) Additional Public Comment Sought on 'Low-Activity' Radioactive Waste
Advanced Notice of Proposed Rulemaking
John Millett, 202-564-7842 / millett.john@epa.gov

EPA is extending the public comment period for the “Low Activity” Radioactive Waste Management Advanced Notice of Proposed Rulemaking (ANPR) by 60 days to May 17. On November 18, 2003, EPA published the ANPR in the Federal Register to seek public comment on a range of possible approaches for the safe disposal of "low-activity" radioactive waste. The “low activity” radioactive waste ANPR is an effort to begin public dialogue on the wide-range of issues surrounding the effective management of radioactive waste. The ANPR introduces the concept of "low-activity" radioactive waste and explores equivalent or superior management and disposal approaches. The 60-day extension of the comment period will allow further public input on the important questions framed by the “low activity” waste ANPR. For more information, visit: http://www.epa.gov/radiation/larw .

(5) Treatment Projects Applied to 62 Percent of Superfund Sites
Dave Ryan, 202-564-7827 / ryan.dave@epa.gov

EPA today released a report showing that Superfund treatment projects either in progress or completed increased to 791 in 2003 from 629 projects in 2000 Unlike traditional Superfund cleanup remedies, treatment methods, such as bioremediation (the use of living organisms to clean up environmental contaminants) destroy harmful chemicals or change them into less harmful ones. The report also shows that the use of innovative “in situ” remedies (cleanup methods that treat soil and groundwater without having to extract them from the ground) has been increasing. The analyses of Records of Decision (ROD) documented in the report shows that more complex, multi-media sites are being addressed in recent years. For example, remedies in RODs are more likely to address both contaminated groundwater and soil at a single site. (A ROD is a public document that explains which cleanup alternatives will be used to clean up a Superfund site.) Over the history of the Superfund program, treatment remedies have been applied to clean up soil or groundwater at 62 percent of sites on the National Priorities List (NPL). The report documents the application of innovative technologies in Superfund sites to help decision-makers better evaluate the effectiveness of different cleanup options. Copies of “Treatment Technologies for Site Cleanup: Annual Status Report, Eleventh Edition (EPA 542-R-03-009)” can be downloaded or ordered at http://www.cluin.org/asr . The online version includes new downloadable spreadsheets with the data for several of the key charts and figures in the report. Specific information on each technology application has been incorporated into the on-line technology database available at http://cfpub.epa.gov/asr/ . For more information on treatment and other cleanup methods, read “EPA’s Citizens Guides on Cleanup Methods” at http://www.epa.gov/tio/pubitech.htm .
Weekly Enforcement Wrap Up

Suzanne Ackerman, 202-564-7819 / ackerman.suzanne@epa.gov
(6) Indiana Man Sentenced to 37 Months for Obstruction of Justice

Donald L. Vacendak of Hammond, Ind., was sentenced on Feb. 27 to serve 37 months in prison followed by three years supervised release, after being convicted of obstructing justice by knowingly threatening to kill a government informant. The informant had provided information alleging Vacendak violated the Resource Conservation and Recovery Act by disposing of an ignitable hazardous waste in a buried railroad tank car in Gary, Ind. Such allegations are investigated because if determined to be true, there could be serious potential fire and ground water contamination hazards. The case was investigated by the Chicago Area Office of EPA’s Criminal Investigation Division; the Bureau of Alcohol, Tobacco and Firearms; the Hammond, Indiana Police Department; and the Indiana Department of Environmental Management with technical assistance provided by EPA’s National Enforcement Investigations Center. The case was prosecuted by the U.S. Attorney’s Office in Hammond.

(7) California Man Pleads Guilty to Mishandling of Dry Cleaning Wastes

Behzad Kahoolyzadeh of West Los Angeles, Calif., manager of AAD Distribution and Dry Cleaning Services in Vernon, Calif., pled guilty on March 4 to conspiracy, two counts of violating the Resource Conservation and Recovery Act (RCRA) by illegally transporting hazardous waste, and two counts of violating RCRA by illegally storing hazardous waste. According to his plea, in Jan. 2000, Kahoolyzadeh negotiated the purchase of AAD, a company with a long history of hazardous waste violations, with two co-defendants, ADD’s President and Vice-President, Homayoun Pourat and Hormoz Pourat. Kahoolyzadeh conspired with the Pourats to hide additional permit violations from inspectors and ordered AAD employees to load trucks with drums filled with dry cleaning wastes that contained perchloroethylene (PERC). The wastes were then unlawfully transported and stored at facilities not permitted for hazardous waste storage. Long-term exposure to PERC can result in neurological problems, liver or kidney damage. Animal studies have also shown PERC to be carcinogenic. Cleanup of the improperly stored wastes cost over $1 million. Kahoolyzadeh faces a maximum sentence of up to five years in prison and/or a fine of up to $250,000 on each count. Hormoz Pourat previously pled guilty and was sentenced to prison. The case was investigated by the Los Angeles Area Office of EPA’s Criminal Investigation Division, the U.S. Department of Transportation, the California Environmental Protection Agency’s Department of Toxic Substances Control, the City of Vernon, Calif., with the assistance of EPA’s National Enforcement Investigations Center. Portions of the case took place in Colorado, and the Colorado State Attorney General’s Office provided assistance. The case is being prosecuted by the U.S. Attorney’s Office in Los Angeles and the Environmental Crimes Section of the U.S. Department of Justice in Washington, D.C.

(8) Chicago Warehouse Owner Pleads Guilty to Illegal Asbestos Removal

On Feb. 26, John D. Crededio, owner of a warehouse in Chicago, Ill., pled guilty to charges that he was responsible for a 1999 illegal asbestos removal project at his warehouse in violation of the Clean Air Act. Specifically, the defendant admitted that he failed to ensure that regulated asbestos-containing material (RACM) was adequately wetted prior to its removal and failed to ensure that removed RACM was kept wet until collected or treated for disposal. Failing to wet RACM can lead to the airborne release of asbestos fibers. Inhaling such fibers is a known cause of lung cancer, the lung disease “asbestosis,” and mesothelioma, a cancer of the chest and abdominal cavities. The case was investigated by the Chicago Area Office of EPA’s Criminal Investigation Division with the assistance of EPA’s National Enforcement Investigations Center. It is being prosecuted by the U.S. Attorney’s Office in Chicago.
(9) Three Chicago Area Residents Indicted on Charges of Violating the Clean Water Act

Kanubhai Patel and Manubhai Patel, both of Woodstock, Ill., and Mukesh Patel of Schaumburg, Ill., three owners of New Tech Electronics, Inc., a defunct Illinois electronics parts manufacturing firm, were indicted on March 4 and charged with conspiracy to violate the Clean Water Act (CWA). Kanubhai Patel is also charged with making a false statement on a CWA permit application. The indictment alleges that from approximately Apr. 1997 to Dec. 2001, the New Tech facility violated its CWA discharge permit by discharging higher than permitted concentrations of acidic and caustic wastewater into the town’s sewer system through a bypass hose. The illegal discharges, which occurred every one to three weeks, were allegedly diluted in the sewer system by water from a garden hose placed into a manhole hidden from view by a parked car. Discharging unpermitted high levels of acids and caustics into sewers can disrupt the normal processing of sewage and can lead to sewage treatment plant outflows that are harmful to fish and other aquatic life. The Bensenville sewage treatment plant discharges into Addison Creek, which is a protected waterway. The case was investigated by the Chicago Area Office of EPA’s Criminal Investigation Division with assistance from Bensenville wastewater treatment officials and EPA's National Enforcement Investigations Center. It is being prosecuted by the U.S. Attorney’s Office in Chicago. An indictment is merely an allegation and all defendants are presumed innocent unless or until they are proven guilty in a court of law.

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