EPA National News: EPA Press Advisory: (1) Conformity Regulations Adjusted to Meet New Air Quality Standards; (2) New Report Profiles Environmental Performance in 12 Major Sectors; (3) Protecting U.S. Waters Using the Environmental Information Exchange Network; (4) President of Ohio Company Indicted for Illegal Asbestos Removal; (5) 41 Count Indictment in Mississippi Wetlands Contamination Case
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EPA Press Advisory: (1) Conformity Regulations Adjusted to Meet New Air Quality Standards; (2) New Report Profiles Environmental Performance in 12 Major Sectors; (3) Protecting U.S. Waters Using the Environmental Information Exchange Network; (4) President of Ohio Company Indicted for Illegal Asbestos Removal; (5) 41 Count Indictment in Mississippi Wetlands Contamination Case

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


News for release: (Washington, D.C. -- Wednesday, June 16, 2004)

(1) Conformity Regulations Adjusted to Meet New Air Quality Standards


John Millett, 202-564-7842 / millet.john@epa.gov


To ensure that federally supported highway and transit project activities do not hamper local, state and regional efforts to improve air quality, EPA is revising regulations in order to reflect new, more protective standards for ground-level ozone and fine particles. EPA recently designated a number of new areas as nonattainment for the 8-hour ozone standard and plans to designate nonattainment areas for the PM2.5 standard by the end of the year. The new standards and other factors necessitated the changes to EPA’s transportation conformity regulations. Transportation conformity is required by the Clean Air Act to ensure that federally supported highway and transit project activities do not cause new air quality violations, worsen existing violations, or delay timely attainment of an air quality standard. EPA and the Department of Transportation will provide several training workshops around the country this summer to implement the final rule. For additional information, visit EPA’s Web site at: http://www.epa.gov/otaq/transp/traqconf.htm .

(2) New Report Profiles Environmental Performance in 12 Major Sectors

Enesta Jones, 202-564-7873 / jones.enesta@epa.gov


A new EPA report establishes a performance benchmark for tracking future environmental progress in 12 key industrial and service sectors, including construction, forest products, and iron and steel manufacturing. The 2004 Sector Strategies Performance Report provides a snapshot of environmental trend data for each group. Drawing from publicly available data sources, the report presents a demographic profile of each sector, plus performance information in such fields as energy conservation, water and air quality, and waste management. This report marks the first time that EPA has assembled available data in this format; the Agency believes this will help the public better understand the environmental progress that is being made in a given sector. The report will also serve as a starting point for identifying the knowledge gaps that need to be filled to improve performance measurement in the future. These 12 groups participate in EPA’s multi-media Sector Strategies Program, established in 2003, which seeks to: (1) measure performance; (2) seek collaborative ways to promote the use of environmental management systems; and (3) addresses regulatory barriers that can hinder performance improvements. The 2004 Sector Strategies Performance Report and other program information are available at: http://www.epa.gov/sectors/ .

(3) Protecting U.S. Waters Using the Environmental Information Exchange Network

Suzanne Ackerman, 202-564-7819 / ackerman.suzanne@epa.gov


To recognize the significant progress made by EPA and its partners in exchanging water data electronically, four states, Michigan, New Hampshire, Oregon and New Jersey, yesterday demonstrated water monitoring and safety applications that use the Environmental Information Exchange Network. The demonstration took place at EPA Headquarters in Washington, D.C. The Network began in 1999 to enable sharing of environmental data between EPA, states, tribes and other partners over the Internet. The Network promotes higher quality data, faster and easier data exchange and greater public access. Michigan demonstrated how it enables industries to use the Exchange Network to electronically submit Discharge Monitoring Reports (DMRs) to regulatory authorities. DMRs demonstrate industry compliance by comparing monitoring results to permitted pollution limits. The new system cleared up years of paper backlogs in Michigan and saved $2000 for each facility reporting. New Hampshire developed a system that permits secure exchange of critical water system infrastructure data over the network. The Pacific Northwest Water Quality system, created by Oregon, allows selection of water data from multiple states by using graphics tools on a PC map. After viewing the system, Canada is considering adding its water data for border territories. New Jersey’s Beach Monitoring Solution provides faster beach data to local decision makers and the public regarding beach closure notification. This year, 29 states may implement the Beach Monitoring Solution, which highlights when permitted water levels are exceeded at beaches and allows users to sign up for automatic e-mail alerts. The Exchange Network also embodies the principles of the President's e-government initiative, by using Internet technology to streamline reporting and to improve citizens’ access to important environmental data. More information on the Environmental Information Exchange Network is available at: http://www.exchangenetwork.net/common/default.asp .

Weekly Enforcement Wrap Up

Suzanne Ackerman, 202-564-7819 / ackerman.suzanne@epa.gov

(4) President of Ohio Company Indicted for Illegal Asbestos Removal


Brett B. Pomeroy, President of Nelson Bedding Products, Inc., in Youngstown, Ohio, was indicted on June 9 for allegedly removing asbestos illegally, and failing to properly dispose of removed asbestos. The defendant allegedly directed an individual to illegally remove the asbestos from the Nelson Building’s basement in Youngstown, while the plant was in operation and people were working elsewhere in the building. Improperly removing asbestos can cause workers and other people entering the work area to inhale airborne asbestos fibers, which 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 Cleveland Area Office of EPA’s Criminal Investigation Division, the Ohio Bureau of Criminal Identification and Investigation, the Ohio Environmental Protection Agency, and the Mahonig/Trumbull County Air Pollution Control Agency. The case is being prosecuted by the U.S. Attorney’s Office in Cleveland. An indictment is merely an allegation and all defendants are presumed innocent unless or until convicted in a court of law.

(5) 41 Count Indictment in Mississippi Wetlands Contamination Case


On June 10, Robert Lucas, Jr. of Lucedale, Miss.; Robbie Lucas Wrigley of Ocean Springs, Miss.; and M.E. Thompson, Jr., of D'Iberville, Miss. were indicted for allegedly violating the Clean Water Act by illegally constructing septic systems and for dredging and filling wetland areas in a 2620-acre home site development in Vancleave, Miss. Additionally, two of Lucas' corporations, Big Hill Acres, Inc. and Consolidated Investments, Inc., also were charged with conspiracy, mail fraud and aiding and abetting one another in this case. The charges allege that the defendants misrepresented the habitability of the lots and installed septic systems in saturated wetland soils at the Big Hill Acres development, despite warnings from the Mississippi Department of Health that they were creating a public health threat. The defendants also allegedly ignored numerous warnings and cease and desist orders from the U.S. Army Corps of Engineers and the U.S. EPA. Both agencies advised the defendants that the deteriorating systems could possibly contaminate the local drinking water aquifer. Failing septic systems are one of the primary sources of ground water contamination, and a factor in the contamination of drinking water sources, possibly causing viral and bacterial illnesses. The case was investigated by the Jacksonville, Miss. Area Office of EPA's Criminal Investigation Division and the FBI, with the assistance of the U.S. Department of Agriculture's Soil Conservation Service and U.S. EPA Region IV office in Atlanta. It is being prosecuted by the U.S. Attorney's Office in Gulfport and the U.S. Department of Justice Environmental Crimes Section in Washington, D.C. The filing of federal charges is merely an accusation and all defendants are presumed innocent unless or until proven guilty in a court of law.

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