Clean Air Act Violations Stemming From Illegal Import of Vehicles

WASHINGTON – A Dallas-based group of companies and their owner must either stop importing vehicles or follow a comprehensive compliance plan to settle alleged Clean Air Act (CAA) violations stemming from the alleged illegal import of over 24,167 highway motorcycles and recreational vehicles into the United States without proper documentation, announced the Department of Justice and the U.S. Environmental Protection Agency (EPA). The four parties are also required to pay a $120,000 civil penalty.

“Vehicles are one of the largest sources of pollution that significantly affect public health,” said Cynthia Giles, Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance. “Holding importers accountable for meeting U.S. emissions standards is critical to protecting the air we breathe, and to protecting companies that play by the rules.”

“Importers of foreign made vehicles and engines must comply with the same Clean Air Act requirements that apply to those selling domestic products,” said Robert G. Dreher, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division. “We will continue to vigorously enforce the law to ensure that imported vehicles and engines comply with U.S. laws so that American consumers get environmentally sound products and violators do not gain an unfair economic advantage.”

Savoia, BMX Imports, BMX Trading, and their owner, Terry Zimmer, allegedly imported the vehicles from several foreign manufacturers into the United States through the Port of Long Beach, Calif. The vehicles were then sold through the Internet and from a retail location in Dallas, Texas.

Today’s settlement requires that the companies either certify that they are no longer engaging in CAA-regulated activities or follow a comprehensive plan over the next five years that would include regular vehicle inspections, emissions testing, and other measures to ensure compliance at various stages of purchasing, importing, and selling vehicles. In addition, the companies are required to export or destroy 115 of their current vehicles that have catalytic converters or carburetors that do not adhere to the certificate of conformity that they submitted to EPA. The purpose of the certificate of conformity, required by the CAA, is to demonstrate that vehicles or engines meet applicable federal emission standards.

EPA discovered the alleged violations through inspections at Long Beach and other U.S. ports of entry, and through information provided by the company. EPA’s investigation showed that approximately 11,000 of the imported vehicles were not covered by an EPA certificate of conformity, which means that EPA is unable to confirm that the emissions from these vehicles meet federal standards. Other violations included approximately 23,000 vehicles sold without the required emissions warranty, and approximately 500 vehicles that did not have proper emission control labels.

The CAA requires that all vehicles have certification, warranty, and labeling prior to being imported or sold in the United States to demonstrate that they meet federal emission standards. Engines operating without proper emissions controls can emit excess carbon monoxide, hydrocarbons and nitrogen oxides which can cause respiratory illnesses, aggravate asthma and contribute to the formation of ground level ozone or smog.

The consent decree, lodged today in the United States District Court for the Northern District of Texas, is subject to a 30-day public comment period and court approval. The consent decree is available for review at www.justice.gov/enrd/Consent_Decrees.html

More information on the settlement:

http://www2.epa.gov/enforcement/savoia-inc-bmx-imports-lp-bmx-trading-llc-and-terry-zimmer-clean-air-act-settlement


More information on EPA’s Clean Air Act mobile source enforcement programs:
http://www2.epa.gov/enforcement/air-enforcement#mobile

Builder Confidence Improves by Four Points

Builder confidence in the market for newly built, single-family homes improved four points to a 58 reading on the National Association of Home Builders/Wells Fargo Housing Market Index (HMI) for December, released today. This gain reflected improvement in all three index components – current sales conditions, sales expectations and traffic of prospective buyers.

“This is definitely an encouraging sign as we move into 2014,” said National Association of Home Builders (NAHB) Chairman Rick Judson, a home builder from Charlotte, N.C. “The HMI is up 11 points since December of 2012 and has been above 50 for the past seven months. This indicates that an increasing number of builders have a positive view on where the industry is going.”

“The recent spike in mortgage interest rates has not deterred consumers as rates are still near historically low levels,” said NAHB Chief Economist David Crowe.  “Following a two-month pause in the index, this uptick is due in part to release of the pent-up demand caused by the uncertainty generated by the October government shutdown.  We continue to look for a gradual improvement in the housing recovery in the year ahead.”

Derived from a monthly survey that NAHB has been conducting for 25 years, the NAHB/Wells Fargo Housing Market Index gauges builder perceptions of current single-family home sales and sales expectations for the next six months as “good,” “fair” or “poor.” The survey also asks builders to rate traffic of prospective buyers as “high to very high,” “average” or “low to very low.” Scores for each component are then used to calculate a seasonally adjusted index where any number over 50 indicates that more builders view conditions as good than poor.

All three HMI components posted gains in December. The index gauging current sales conditions jumped six points to 64, while the index gauging expectations for future sales rose two points to 62. The index gauging traffic of prospective buyers gained three points to 44.

Looking at the three-month moving averages for regional HMI scores, the South edged one point higher to 57 while the Northeast, Midwest and West each fell a single point to 38, 59 and 59, respectively.

Editor’s Note: The NAHB/Wells Fargo Housing Market Index is strictly the product of NAHB Economics, and is not seen or influenced by any outside party prior to being released to the public. HMI tables can be found at nahb.org/hmi. More information on housing statistics is also available at housingeconomics.com.

By NAHB

Construction Employment on The Rise

By ACC of America

Mississippi and California Rack up the Largest 12-Month Gains, Montana and Ohio Have Biggest Declines; Indiana and California Top Monthly Rankings, While Kentucky and Arizona Shed the Most Jobs in November

Construction firms added jobs in 39 states over the past 12 months, while employment nearly stabilized in the remainder, according to an analysis released today by the Associated General Contractors of America of Labor Department data. Association officials cautioned that the industry’s recovery was still relatively fragile, noting that a number of states experiencing large annual gains lost jobs during the past month.

“The widespread job gains seen in most states for the past few months continued in November, while no state recorded a year-over-year loss of more than 4 percent,” said Ken Simonson, the association’s chief economist. “But progress remains fragile, with some states having results in the latest month that diverge sharply from their year-over-year outcomes.” He added that every state remains below its previous construction employment peak.

Mississippi led all states with a 17 percent rise (8,000 jobs) in construction employment between November 2012 and November 2013. Yet the state ranked 49th out of 50 states plus D.C. between October and November, with a loss of 2.3 percent or 1,300 construction jobs. Conversely, Indiana topped the monthly rankings, adding 4.8 percent (5,400 construction jobs), but lost 3.4 percent (-4,100 jobs) over 12 months. Only Montana (-4.0 percent, -900 jobs) and D.C. (-3.7 percent, -500 jobs) had steeper 12-month declines, Simonson pointed out.

States with strong 12-month percentage gains besides Mississippi included Connecticut (11 percent, 5,600 jobs), Missouri (9.8 percent, 10,100 jobs) and Georgia (9.5 percent, 13,200 jobs). California added the most jobs over the year (31,500, 5.2 percent), followed by Florida (24,300, 7.0 percent), Texas (13,300, 2.2 percent), Georgia and Missouri.

A total of 10 states plus D.C. shed construction jobs between November 2012 and November 2013, while employment was constant in Delaware. The largest number of losses occurred in Ohio (-5,200, -2.9 percent), followed by Indiana, Alabama (-2,500, -3.2 percent) and North Carolina (-2,500, -1.5 percent).

For the month, 30 states added construction jobs, 16 lost jobs, and employment held steady in four states plus D.C. In addition to Indiana, the steepest one-month gains occurred in New Hampshire (3.5 percent, 800 jobs) and Alaska (3.4 percent, 600 jobs). California added the most construction jobs in November (6,600, 1.1 percent), followed by Illinois (6,100, 3.3 percent) and Indiana. The steepest losses for the month occurred in Kentucky (-3.1 percent, -2,100 jobs), Louisiana (-2.6 percent, -3,700 jobs) and Mississippi. Louisiana lost the most jobs over the month, followed by Ohio (-3,600, -2.1 percent) and New York (-2,900, -0.9 percent).

Association officials noted that the job gains occurred following an unusual spike in public construction spending experienced in October that masked softening private sector demand.  They cautioned that as public spending declines, construction employment is likely to weaken in many parts of the country.  As a result, they urged Congress and the Obama administration to finalize water resources legislation and to act swiftly next year to renew long-term highway and transit legislation.

“At this point, it is hard to predict whether construction employment will continue to expand in many states next year,” said Stephen E. Sandherr, the association’s chief executive officer. “Passing vital infrastructure measures will help protect construction employers from any softening in private sector demand, while giving the economy a needed boost.”

SOURCE ACC of America

OSHA: What You Need to Know Right NOW

 

In 1983 OSHA (Occupational Safety and Health Administration) published a Hazard Communication Standard (HCS). This became know as the "Employee Right-to-know" standard. In a nutshell, it meant workers had the right to know about hazardous chemicals in their workplace.

 

In 2012 OSHA revised this standard and it is now known as the "Right-to-understand" standard. With this revision OSHA mandated that all employers train workers on two parts of this new standard by December 1, 2013. Download this handout and familiarize yourself with new labeling requirements and the new format.

 

Whether you work in the office and encounter only toner for a copy machine or you work in the field and wonder what's in that spray foam we use in houses, this standard affects you. OSHA requires this training for all employees regardless of potential exposures.

 

Read more about the Dec 1 Training Requirements

Mayor Annise Parker Rings in Season with 94th Holiday Celebration and Tree Lighting Ceremony

Ring in the season with the 94th Mayor’s Holiday Celebration and Tree Lighting Presented by Reliant on Friday, December 6 at Hermann Square outside of City Hall; 6 p.m. – 8 p.m. This spectacular, FREE event is a holiday tradition of music, fireworks and family fun. A towering holiday tree, glowing with energy efficient LED (light-emitting diode) lights, shimmering ornaments and a stunning star topper will light up the streets of downtown Houston this holiday season.

Danielle Bradbery, winner of "The Voice" 2013, will enchant crowds at Houston’s premier tree lighting as the featured artist. The holiday variety show will also include performances by the Winter Wonderettes, the KIPP SHARP Singers, and a command performance by International Touring Artist, Marcie Chapa and the MacArthur Jammin’ Generals Drum Line.

“I’m excited once again to kick-off the holidays at City Hall with my fellow Houstonians,” said Mayor Annise Parker. “This is such an animated event filled with lights, fireworks, music, family and friends. It truly signifies Houston’s energy.”

Immediately following the performance, Mayor Annise D. Parker and Reliant President, Elizabeth Killinger, will light the Official Holiday Tree and ignite a spectacular fireworks finale perfectly timed to the Hallelujah Chorus from “Handel’s Messiah” featuring Music Director, Ernest Walker and his award winning band and the official Holiday Choir featuring Westbury High School and Gospel Music Heritage Month Choir.

“I am thrilled to join Mayor Parker in this annual celebration of hope and joy, coming together as a city to usher in the holiday season with the tree lighting,” said Elizabeth Killinger, president of Reliant. “This is Reliant’s eighth year to sponsor the event, and we are excited to join in the holiday fun while being ever conscious of energy efficient alternatives to light up our holidays.”

The Presenting Sponsor is Reliant, an NRG Company. Other sponsors include: Southwest Airlines®, Official Airline Sponsor; Cigna, VIP Reception Sponsor; Houston Downtown Management District; Houston Parks and Recreation Department; and the Houston Public Library Foundation. The celebration is produced by the Mayor’s Office of Special Events. Public parking is available in the Theater District.

For more information, please visit www.houstontx.gov or www.houstonspecialevents.org.

Houston Fire Department Offers Home Heating Safety Tips

With the holiday season and colder weather fast approaching, the Houston Fire Department (HFD) recommends the following safety tips when using supplemental heating sources:
Space Heaters Need Space

• Keep all combustible materials at least three feet from the heater
• Never leave children unattended in a room with a space heater
• Open-face heaters should have a screen
• Provide ventilation to prevent carbon monoxide poisoning

Vented Gas / Fired Heating Appliances Tips - Central heating units, floor furnaces, recessed wall heaters and vented space heaters

• Do not use these units without a proper vent pipe that exhausts to the outside
• If your flame is not blue, it is not burning properly and is producing carbon monoxide, which can kill you. Turn off the appliance
• Inspect the appliance(s) annually by a qualified service technician. Don't wait for cold weather!
• Look for the American Gas Association label and follow the manufacturer's recommendations for proper usage.
• Use flexible metal tubing (never rubber) with threaded ends to connect the heater to the gas valve. There should be a cutoff valve for the heater at the wall
• Use soapy water to check all connections and valves for leaks. NEVER use a match to test for a gas leak!

Electric Heaters Tips

• Never overload outlets or breakers
• Never use extension cords for the heater. If the cord is hot to the touch, turn off the heater and unplug it!
• Permanently installed electric heaters should have lint and dust removed regularly. Lint and dust will burn!

Fireplace safety from the National Fire Prevention Association (NFPA) 
According to the NFPA, while fireplaces often conjure up images of warmth and comfort, they also are a source of house fires.

• Ashes should be cool before putting them in a metal container, and kept at a safe distance from your home
• Have your fireplace and chimney inspected and cleaned annually by a professional chimney sweep
• Keep combustibles at least three feet away from a fireplace, and create a three-foot "kid-free zone" around open fires
• Make sure the fireplace has a sturdy screen to stop sparks from flying into the room
• Never leave a fireplace fire unattended, particularly when children are present

Smoke Detectors Save Lives - It's Just That Simple
If you need a smoke detector, call 832.394.6633 to schedule a smoke detector installation or appointment. If you or someone you know is deaf or hard-of-hearing and needs a smoke detector, contact Kenyatta Parker at Kenyatta.parker@houstontx.gov or 832.394.6648.
For more information on smoke detectors, visithttp://www.houstontx.gov/fire/community/smokealarmform.html. To learn more about HFD, visitwww.houstonfire.org.

Efforts Underway to Control Harmful Air Pollution at Texas, Louisiana Facilities

Boston-based Cabot Corporation, the second largest carbon black manufacturer in the United States, has agreed to pay a $975,000 civil penalty and spend an estimated $84 million on state of the art technology to control harmful air pollution, resolving alleged violations of the New Source Review (NSR) provisions of the Clean Air Act (CAA) at its three facilities in the towns of Franklin and Ville Platte, La. and Pampa, Texas, announced the Department of Justice and the U.S. Environmental Protection Agency (EPA) today.  This agreement is the first to result from a national enforcement initiative aimed at bringing carbon black manufacturers into compliance with the CAA’s NSR provisions.    

 

The Louisiana Department of Environmental Quality is a co-plaintiff in the case and will receive $292,500 of the penalty.

 

“With today’s commitment to invest in pollution controls, Cabot has raised the industry standard for environmental protection,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “These upgrades will have lasting, tangible impacts on improved respiratory health for local communities. We expect others in the industry to take notice and realize their obligation to protect the communities in which they operate.”
 
“By agreeing to pay an appropriate penalty and install state of the art technology to control harmful air pollution, Cabot Corp is taking a positive step forward to address these significant violations of the Clean Air Act,” said Robert G. Dreher, Acting Assistant Attorney General for the Justice Department’s Environment and Natural Resources Division.  “This agreement will serve as a model for how the industry can come into compliance with the Clean Air Act by installing controls that prevent harmful pollution and improve air quality for surrounding communities.” 

 

“This is a huge win for the citizens of our district,” said U.S. Attorney Stephanie A. Finley.  “These harmful pollutants can cause serious, long-term respiratory harm.  The United States Attorney’s Office is committed to the enforcement of the environmental laws and protection of the community.  This settlement promotes a healthier environment and an opportunity to allow the residents of the district to breathe cleaner air.”

 

At all three facilities, the settlement requires that Cabot optimize existing controls for particulate matter or soot, operate an “early warning” detection system that will alert facility operators to any particulate matter releases, and comply with a plan to control “fugitive emissions” which result from leaks or unintended releases of gases.  To address nitrogen oxide (NOx) pollution, Cabot must install selective catalytic reduction technology to significantly reduce emissions, install continuous monitoring, and comply with stringent limits.  At the two larger facilities in Louisiana, Cabot must address sulfur dioxide (SO2) pollution by installing wet gas scrubbers to control emissions, install continuous monitoring, and comply with stringent emissions limits.  In addition, the Texas facility is required to comply with a limit on the amount of sulfur in feedstock which is the lowest for any carbon black plant in the United States.

 

These measures are expected to reduce NOx emissions by approximately 1,975 tons per year, SO2 emissions by approximately 12,380 tons per year, and significantly improve existing particulate matter controls. Exposure to NOx emissions can cause severe respiratory problems and contribute to childhood asthma. SO2 and NOx can be converted to fine particulate matter once released in the air. Fine particulates can be breathed in and lodged deep in the lungs, leading to a variety of health problems and even premature death.  The harmful health and environmental impacts from these pollutants can occur near the facilities as well as in communities far downwind from the plants.

 

In the complaint filed by DOJ on behalf of EPA, the government alleged that between 2003 and 2009, Cabot made major modifications at its carbon black facilities without obtaining pre-construction permits and without installing and operating required pollution technology. The complaint further alleges that these actions resulted in increased emissions of NOx and SO2, violating CAA requirements stating that companies must obtain the necessary permits prior to making modifications at a facility and must install and operate required pollution control equipment if those modifications will result in increases of certain pollutants.

 

Today’s action also requires that Cabot spend $450,000 on energy saving and pollution reduction projects that will benefit the communities surrounding the facilities in Franklin and Ville Platte, La. and in Pampa, Texas, such as upgrading air handling units at municipal buildings in the three communities to more efficient technology. 

 

Carbon black is a fine carbonaceous powder used as a structural support medium in tires and as a pigment in a variety of products such as plastic, rubber, inkjet toner and cosmetics. It’s produced by burning oil in a low oxygen environment; the oil is transformed into soot (carbon black), which is collected in a baghouse. Because the oil used in the process is low value high sulfur oil, the manufacturing process creates significant amounts of SO2 and NOx,, as well as particulate matter.

 

This settlement is part of EPA’s national enforcement initiative to control harmful air pollution from the largest sources of emissions. Since 2010, EPA has been focusing enforcement efforts on reducing emissions at carbon manufacturing plants in the United States. Currently, none of the 15 carbon black manufacturing plants located in the United States have controls on emissions of SO2 and NOx or have continuous emissions monitors.

 

Cabot Corporation manufactures global specialty chemicals and performance materials, which include rubber additives for tires and brake pads, activated carbon for air purifiers, chemicals used in the manufacture of lithium-ion batteries, and inkjet colorants. 

 

The proposed consent decree will be lodged with the United States District Court for the Western District Court for Louisiana and will be subject to a 45-day public comment period. The company is required to pay the penalty within 30 days after the court approves the settlement. The proposed consent decree can be viewed online atwww.justice.gov/enrd/Consent_Decrees.html

 

More information about the settlement: www2.epa.gov/enforcement/cabot-corporation-clean-air-act-settlement

More information about EPA’s national enforcement initiative: www.epa.gov/compliance/data/planning/initiatives/2011airpollution.html