Friday, August 19, 2016

News Clippings 8/19/16

State

Water issues widespread along beaches in all three counties

Sun Herald

BILOXI 

The state has a total of nine water quality warning in effect along the Mississippi Coast warning swimmers that they are at an increase risk of getting sick from the water.

http://www.sunherald.com/news/local/counties/article96368327.html

 

Cleaning up

Ernest Herndon | Enterprise-Journal | Posted: Thursday, August 18, 2016 2:00 pm

CROSBY — Folks here are tired.

Hot.

Sweaty.

Hungry.

Nearly a week after a flash flood poured four feet of water across the southwest side of town, clean-up progresses slowly.

http://www.enterprise-journal.com/news/article_775c67be-6563-11e6-8834-5311d08b3e1c.html

 

FEMA halts $30M to state

Clarion Ledger

The Federal Emergency Management Agency has halted $29.9 million in reimbursements to the state of Mississippi for retrofitting homes after Hurricane Katrina, saying the state has failed to provide documentation, overspent and appears to have had lax oversight over the program.

http://www.clarionledger.com/story/news/local/2016/08/18/fema-halts-30m-state/88980624/

 

FEMA halts Katrina disaster funds for Mississippi after audit

Sun Herald

WASHINGTON 

The Federal Emergency Management Agency will suspend reimbursement of nearly $30 million to the state of Mississippi for disaster mitigation work because of lax state oversight and financial irregularities in a program to strengthen homes against wind damage following Hurricane Katrina.

http://www.sunherald.com/news/politics-government/article96519067.html

 

I-220 back open after tanker fire extinguished

WLBT

JACKSON, MS (Mississippi News Now) -

A gas tanker caught fire on fire at I-55 north past County Line Road.

The 18-wheeler was at the I-220 exit. Authorities shut down the road while they put the fire out.

No word on injuries but the interstate is back open.

http://www.msnewsnow.com/story/32796000/i-220-back-open-after-tanker-fire-extinguished

 

Suspected illegal feeding ends in alligator killings

Clarion Ledger

An investigation into the suspected feeding of alligators was recently launched and so far has led to several citations and the deaths of five alligators.

http://www.clarionledger.com/story/sports/2016/08/18/suspected-illegal-feeding-ends-alligator-killings/88948634/

 

3OYS investigation reveals no oversight for public record storage statewide

WLBT

JACKSON, MS (Mississippi News Now) -Public records ensure transparency in government by letting you see what elected officials are doing with your tax dollars. The state agency in charge of making sure cities and counties save these records isn't actually doing that, meaning your leaders can pick and choose what they want you to see.

http://www.msnewsnow.com/story/32794098/3oys-investigation-reveals-no-oversight-for-public-record-storage-statewide

 

Oil Spill

 

Attorney Watts, law firm vindicated in federal BP fraud case

Sun Herald

 

San Antonio attorney Mikal Watts walked out of court a free man Thursday after being investigated for more than three years and put on trial for almost five weeks in a massive BP fraud case.

http://www.sunherald.com/news/local/article96555457.html

 

National

 

Harley-Davidson to Pay $15 Million to Settle Emissions Charge

Motorcycle maker will pay $12 million penalty and spend $3 million on a clean-air project

WSJ

Harley-Davidson Inc. reached a $15 million settlement to resolve U.S. claims that it violated air-pollution laws amid growing government scrutiny of vehicle emissions on the road.

http://www.wsj.com/articles/harley-davidson-to-pay-15-million-to-settle-emissions-charge-1471534284

 

Watchdog dings EPA on ethanol impacts

The Hill

The Environmental Protection Agency (EPA) has not properly analyzed the environmental effects of its ethanol mandate, a watchdog report found Thursday.

http://thehill.com/policy/energy-environment/291866-watchdog-dings-epa-on-ethanol-impacts

 

Railroads show little progress on key safety technology

AP

 

WASHINGTON -- Many commuter and freight railroads have made little progress installing safety technology designed to prevent deadly collisions and derailments despite a mandate from Congress, according to a government report released Wednesday. 

 

http://www.cdispatch.com/news/article.asp?aid=52250

 

Press Releases

Harley-Davidson to Stop Sales of Illegal Devices that Increased Air Pollution from the Company’s Motorcycles

CONTACT: Julia P. Valentine (News media only), valentine.julia@epa.gov, (202) 564-2663, (202) 564-4355

ATLANTA – The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice (DOJ) today announced a settlement with Harley-Davidson, Inc., Harley-Davidson Motor Company Group, LLC, Harley-Davidson Motorcycle Company, Inc., and Harley-Davidson Motor Company Operations, Inc. (collectively Harley-Davidson), that requires the companies to stop selling and to buy back and destroy illegal devices that increase air pollution from their motorcycles, and to sell only models of these devices that are certified to meet Clean Air Act emissions standards. Harley-Davidson will also pay a $12 million civil penalty and spend $3 million to mitigate air pollution through a project to replace conventional woodstoves with cleaner-burning stoves in local communities.

The government’s complaint, filed today along with the settlement, alleges that Harley-Davidson manufactured and sold approximately 340,000 illegal devices, known as “super tuners,” that, once installed, caused motorcycles to emit higher amounts of certain air pollutants than what the company certified to EPA. Aftermarket defeat devices like these super tuners alter a motor vehicle’s emissions controls and are prohibited under the Clean Air Act for use on vehicles that have been certified to meet EPA emissions standards. Harley-Davidson also made and sold more than 12,000 motorcycles that were not covered by an EPA certification that ensures a vehicle meets federal clean air standards.

“This settlement immediately stops the sale of illegal aftermarket defeat devices used on public roads that threaten the air we breathe,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “Harley-Davidson is taking important steps to buy back the ‘super tuners’ from their dealers and destroy them, while funding projects to mitigate the pollution they caused.”

“Given Harley-Davidson’s prominence in the industry, this is a very significant step toward our goal of stopping the sale of illegal aftermarket defeat devices that cause harmful pollution on our roads and in our communities,” said Assistant Attorney General John C. Cruden, head of the Justice Department’s Environment and Natural Resources Division. “Anyone else who manufactures, sells, or installs these types of illegal products should take heed of Harley-Davidson’s corrective actions and immediately stop violating the law.”

Since January 2008, Harley-Davidson has manufactured and sold two types of tuners, which when hooked up to Harley-Davidson motorcycles, allow users to modify certain aspects of a motorcycles’ emissions control system. These modified settings increase power and performance, but also increase the motorcycles’ emissions of hydrocarbons and nitrogen oxides (NOx). These tuners have been sold at Harley-Davidson dealerships across the country.

The Clean Air Act requires motor vehicle manufacturers to certify to EPA that their vehicles will meet applicable federal emissions standards to control air pollution, and every motor vehicle sold in the U.S. must be covered by an EPA-issued certificate of conformity. The Clean Air Act prohibits manufacturers from making and selling devices that bypass, defeat, or render inoperative a motor vehicle’s EPA-certified emissions control system. The Act also prohibits any person from removing or rendering inoperative a motor vehicle’s certified emissions control system and from causing such tampering. The complaint alleges violations of both these provisions.

Under the settlement, Harley-Davidson will stop selling the illegal aftermarket defeat devices in the United States by August 23, 2016. Harley-Davidson will also offer to buy back all such tuners in stock at Harley-Davidson dealerships across the country and destroy them. The settlement requires the company to obtain a certification from the California Air Resources Board (CARB) for any tuners it sells in the United States in the future. The CARB certification will demonstrate that the CARB-certified tuners do not cause Harley-Davidson’s motorcycles to exceed the EPA-certified emissions limits. Harley-Davidson will also conduct tests on motorcycles that have been tuned with the CARB-certified tuners and provide the results to EPA to ensure that its motorcycles remain in compliance with EPA emissions requirements. In addition, for any super tuners that Harley-Davidson sells outside the United States in the future, it must label them as not for use in the United States.

The complaint also alleges that Harley-Davidson made and sold more than 12,000 motorcycles from model years 2006, 2007 and 2008 that were not covered by an EPA certificate of conformity.  A certificate of conformity covers only the motorcycle models that were included in the certification application and that are listed on the certificate. These 12,000 motorcycles were models that were not included in Harley-Davidson’s applications and that were not listed as covered by the relevant certificate. Under the consent decree, Harley-Davidson will ensure that all of its future motorcycle models intended for sale in the United States are fully certified by EPA.

Hydrocarbon and NOx emissions contribute to harmful ground-level ozone, and NOx also contributes to fine particulate matter pollution. Exposure to these pollutants has been linked with a range of serious health effects, including increased asthma attacks and other respiratory illnesses. Exposure to ozone and particulate matter has also been associated with premature death due to respiratory-related or cardiovascular-related effects. Children, the elderly, and people with pre-existing respiratory disease are particularly at risk of health effects from exposure to these pollutants. The woodstove project, which Harley-Davidson will undertake in conjunction with an independent third party, will eliminate excess air pollution caused by using the illegal tuners by providing cleaner-burning stoves to designated local communities, thereby assuring better air quality in the future.

EPA discovered the violations through a routine inspection and information Harley-Davidson submitted after subsequent agency information requests.

The settlement, a proposed consent decree lodged in the United Stated District Court for the District of Columbia, is subject to a 30-day public comment period before it can be entered by the court as final judgment. To view the consent decree or to submit a comment, visit DOJ’s website:
www.justice.gov/enrd/Consent_Decrees.html

More information about today’s settlement:
https://www.epa.gov/enforcement/harley-davidson-clean-air-act-settlement