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EPA Highlights Enforcement Actions Against Those Who Violate the Defeat Device and Tampering Prohibitions under the Clean Air Act

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U.S. Environmental Protection Agency (EPA) has identified numerous companies and individuals who have manufactured and sold both hardware and software specifically designed to defeat required emissions controls on vehicles and engines used on public roads as well as on nonroad vehicles and engines.

Cars and trucks manufactured today emit far less pollution than older vehicles. This occurs through careful engine calibrations and emissions controls in exhaust systems such as catalytic converters and diesel oxidation catalysts. Aftermarket defeat devices bypass these controls and cause higher emissions. EPA testing has shown that these devices can increase vehicle emissions substantially. Illegally modified vehicles and engines contribute substantial excess pollution that harms public health and impedes efforts by EPA, tribes, states, and local agencies to plan for and attain air quality standards.

In an on-going effort to address this air quality problem, EPA has resolved more than 50 cases addressing these types of violations since 2015. Today’s announcement highlights three such cases that have been resolved administratively:

  • Freedom Performance, LLC was a major web-based distributor of diesel defeat device products. On February 24, 2020, EPA’s Chief Administrative Law Judge (ALJ) issued a default judgment against Freedom Performance, LLC, ordering a $7.058 million penalty for 13,928 violations of the aftermarket defeat device prohibition of the Clean Air Act (CAA).
  • Spartan Diesel was ordered to pay a $4.1 million penalty for 5,000 violations of the aftermarket defeat device prohibition of the CAA on October 30, 2018, by the ALJ.
  • KT Performance is a Florida-based company that sold and installed approximately 2,833 delete products for diesel-powered trucks between January 2013 and April 2018. EPA filed an administrative complaint against KT Performance for violations of the aftermarket defeat device and tampering prohibitions of the CAA on April 30, 2018. The parties resolved the matter on July 3, 2018. The company was assessed a civil penalty of $52,284 that was calculated based on a demonstrated inability to pay a higher amount.

For examples of similar civil judicial settlements, see EPA’s recent settlements with Performance Diesel, Inc., Punch It Performance  , and Derive Systems. To view all closed vehicle and engine enforcement matters, please visit: www.epa.gov/enforcement/clean-air-act-vehicle-and-engine-enforcement-case-resolutions.

In recognition of the substantial excess pollution caused by illegally modified vehicles and engines, EPA is implementing a National Compliance Initiative entitled Stopping Aftermarket Defeat Devices for Vehicles and Engines. In furtherance of this initiative, EPA will continue to vigorously pursue enforcement against those who violate the defeat device and tampering prohibitions of the Clean Air Act. In addition, EPA has and will continue to prosecute criminal activity related to the illegal sale and installation of defeat devices.

University of Evansville Outstanding Educator Awards

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University of Evansville Outstanding Educator Awards

The presentation schedule follows:

• 9:30 a.m. – Harrison High School (812-477-1046) Chad Fetscher, 2020 High School Teacher of the Year. Zoom Link: https://zoom.us/j/92403462911

• 10:30 a.m. – Resurrection School (812-963-6148) Theresa Berendes, 2020 Building Principal of the Year. Zoom Link: https://zoom.us/j/92267907144

• 11:00 a.m. – North Jr. High School (812-435-0975) Noah Farmer, 2020 Middle School Teacher of the Year. Webex Link: https://evsc.webex.com/evsc/j.php?MTID=mba9b42e4cba6222811ff54a40b3ddb2b

(ID: 285146327, password: i6VXUb34)

• 1:30 p.m. – Vogel Elementary School (812-477-6109) Kelsey Simmons, 2020 Elementary School Teacher of the Year. Webex Link: https://evsc.webex.com/evsc/j.php?MTID=m59f22feec8dcbc87b8ba35c0a984f6d2

(ID: 281444629, password: pRRJ752x)

FOR EMBARGOED RELEASE

Friday, May 1, 2020, after 1:30 P.M.

Media Contact: Holly Smith

uerelations@evansville.edu

UE Presents Outstanding Educator of the Year Awards for 2020

On Friday, May 1, four educators in Vanderburgh County were recognized by surprise announcements as Outstanding Educators of the Year during the University of Evansville’s 29th annual presentation in the Vanderburgh County schools. The competition recognizes current classroom teachers and building principals in grades K-12 with at least three years of experience.

The winners will be formally recognized via Zoom and WebEx on Friday, May 1. This recognition program is sponsored by UE and the Evansville Courier & Press. For more information, call the UE School of Education at 812-488-2360 or 812-488-2368.

Presented with awards at their schools were:

Outstanding Elementary Educator of the Year: Kelsey Simmons, a first-grade teacher at Vogel Elementary

Kelsey Simmons has been an educator for six years, serving as a first-grade teacher at Vogel Elementary for those years.

Simmons’s teaching philosophy focuses on teaching her students to become life-long learners. She accomplishes this by preparing her students not only cognitively, but also emotionally, socially, and creatively. She creates a safe, positive, academically driven environment and welcomes innovation and new ideas from her students.

“Teaching, learning, and growing are my passions. They are the key ideas I hope to pass on to my students,” Simmons notes. “While obtaining an education is important, continuing to learn, not only in school but throughout life, is my goal.”

Simmons hosts a Morning Meeting for her students each day in order to review their ROCK (respectful, on-task, cooperative, and kind) procedures and to help the foster relationships with each other. This allows her students to make connections with each other by sharing about their pets, siblings, etc. She also uses many hands-on and engaging activities in her classroom. Her lessons include a lot of partner work to give students an opportunity to work together respectfully and effectively. From problem-solving to building citizenship, Simmons is integral in the development of her students from the moment they enter her classroom.

Simmons comments, “The bottom line for me is that I love my job. I wake up each morning excited and grateful that I get to spend my day learning and growing with my firsties. Each day we become better learners, better listeners, better citizens, and better people, together. I take great pride in all my students because once they enter my room, they enter my heart. All of my 146 students will be a part of my heart forever.”

Outstanding Middle School Educator of the Year: Noah Farmer, Middle School teacher at North Jr. High School

Noah Farmer has been a teacher for three and a half years at North Jr. High School. Currently, Farmer is band director teaching concert band, marching band, and pep band for grades 5-12.

As a band director, Farmer has many responsibilities outside of the classroom. He not only teaches but also hires and supervises additional instructional staff as well as oversees the band booster organization made up of parent volunteers. The marching band spends over 130 hours every summer preparing for the competitive season. They travel around the state almost every weekend from September to November for band competitions. The pep and concert bands are equally engaged with performances and contests throughout the year.

“I design every single one of my classes with the goal of students feeling successful by the end of the period,” Farmer explains his teaching philosophy. “Through careful planning and understanding of my students’ individual abilities, I am able to select daily goals for them that they can achieve with the correct instruction and guidance.”

One of the main techniques that Farmer utilizes in his classroom is the idea of “chunking.” In this teaching sequence, he has his students hone in on the most difficult measure of the music. They practice this section over and over before looking at the remaining sheet. This allows students to contextualize the stanza and gives them confidence to play the music through from start to finish. He makes sure to end a challenging class with a “full run” of an easier piece of music so that students feel good about their abilities when leaving the classroom.

Farmer wants his students to succeed not only in band but in life. His time spent both in class and at the extracurricular band events allows him to form real relationships with the students. “I think it is important for teachers to make their students feel like they are known and cared for,” Farmer says. “I try to be genuine and personable so that they also feel like they know me.”

Outstanding High School Educator of the Year: Chad Fetscher, Harrison High School/ Shepard Academy

Chad Fetscher has been a teacher at Harrison High School for 19 years. He teaches Introduction to Social Justice and Introduction to Law.

Fetscher has a true passion for teaching. He invests time and energy into student development, focusing on civility, compassion, and determination. He elaborates, “In my role as a professional educator I have served many roles. If I had to sum my roles into three, they would be an investor in students, the keeper of the keys for their dreams, and someone who hopefully helped make a difference – regardless of how small – in their lives.”

Fetscher’s classroom has one rule: be a lady or a gentleman always. His classroom fosters an environment of respect. He recognizes that society lacks the ability to recognize someone else’s worth and humanity. He wants his students to develop those skills that will allow them to listen and respectfully disagree with others all the while appreciating their worth as a person. “My classroom is one of inquiry. My students know they can ask a question and will not be ridiculed, mocked, or dismissed for wanting to know something,” Fetscher explains.

He wants his students to ask questions and seek out solutions. He wants them to love learning. “My students will come to learn many things, but I hope that teaching them to question will allow them to know anything.”

Outstanding Building Principal of the Year: Theresa Berendes, Principal of Resurrection School

Theresa Berendes has been an educator for 29 years; this is her 13th year as principal of Resurrection School.

By implementing a house system for the 5th-8th graders, Berendes has enhanced her students’ communication abilities and leadership skills as well as encouraged a sense of family and community at Resurrection. Her students also participate in the Amazing Shake Challenge wherein students gain confidence introducing themselves through a firm handshake, eye contact, and clear communication. Younger grades can develop leadership skills through Resurrection’s Leader in Me program.

Through these programs, Berendes helps her students connect and grow. “My educational philosophy places the child at the forefront. I believe it is my duty to help each child achieve his/her highest potential academically, spiritually, and emotionally,” Berendes explains when asked about her teaching philosophy. She also recognizes, “I cannot do this by myself alone. I believe that I must work to include all staff, parents, and our community to promote the success of each child.”

Berendes goes above and beyond to meet the needs of her students. As a teacher, and now as principal of Resurrection School, she has spent countless hours tutoring, mentoring, and inspiring students while also encouraging communication between parents and faculty.

With regards to the spiritual component of her career, Berendes firmly believes she must lead by example. She begins and ends the school day with prayer. Her religious responsibilities include easing the transition of their new pastor, working with teachers to infuse prayer services and masses with relevant content from the outside world that still correlate with the liturgical calendar, and meeting with students to reflect on their behavior. “It is a true blessing to be able to share faith and our Catholic beliefs to every aspect we encounter in the education of our students.”

The New Class War Comes For The Economy

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The New Class War Caused By The Economy

Class, more than partisanship, drives our response to coronavirus.

The coronavirus is being politicized. We hear it all the time. A recent headline at The Atlantic reads: “The Social-Distancing Culture War Has Begun.” On the New York Times opinion page, a contributor laments: “The reopen America protests are the logical conclusion of a twisted liberty movement.” And Vox suspects that GOP megadonors backed recent protests in the Midwest in hopes of starting a new tea party movement that could catapult Trump to reelection in 2020.

Not so fast. Frequent TAC contributor, Harry Kazianis took to Twitter to push back against that narrative. “25 million people have lost their jobs thanks to #Coronavirus,” he said. “That’s close to the size of Texas suddenly being totally unemployed. People who are protesting aren’t right-wing nuts. They are scared they will lose their homes, that they won’t be able to eat, and more.”

Which side is right? Well, the Federal Reserve Bank of St. Louis provided some clarifying data about who stands to lose the most from social distancing in a recent report: “The occupations at the highest risk of unemployment also tend to be lower-paid occupations. The average annual earnings of the low-risk occupations is $64,600, about 75% higher than earnings in the high-risk occupations, at $36,600.” They went on to note that, “the economic burden from this health crisis will most directly affect those workers who are likely in the most vulnerable financial situation.”

While attitudes about reopening the economy may break down along party lines, perhaps the polarization has less to do with party affiliation per se, and more to do with geographic and class conflict, which are often one and the same. After all, the set of issues that led to Trump’s election in 2016 was not exactly taken from the Bush-McCain-Romney playbook.

The contentious issues that strike at the heart of politics today are not primarily about right versus left but about “winners and losers,” those who control the commanding heights of American society and those who do not. While affluence certainly plays a significant role in this divide, it’s not the only factor. Culture matters too. Many successful entrepreneurs or small business owners identify more with the lifestyle and values of the American heartland than they do with those of coastal elites.

The owner of a tool and die shop in Wisconsin, for example, may belong to the local country club and spend winters in Naples, Florida, yet he or she may be more “MAGA” than awoke journalist or professor living off of Ramen noodles in a studio apartment. This leads me to believe that it is a class more than partisanship that drives the culture wars in 21st century America. Yet, most elites fail to understand politics in these terms.

As Michael Lind points out in American Affairs, “None of the dominant political ideologies of the West can explain the new class war, because all of them pretend that persisting social classes no longer exist in the West.” This is especially true of neoliberalism, which he describes as “the hegemonic ideology of the transatlantic elite.” He goes on to conclude that “neoliberals can only attribute populism to bigotry or irrationality” because they are blinded by a new faith in identity politics, which overemphasizes barriers posed by race and gender at the expense of class conflict.

But when we take a step back and assess the core issues that polarize our society, it’s evident that class conflict explains the tone-deafness felt by both elites and working and middle-class Americans when debating hot button topics.

American foreign policy provides the most striking example of this divide. In short, elites in Washington D.C. start the wars but boys and girls from the Heartland fight them—and bear the scars for decades to come. As former chief-of-staff to Secretary of State Colin Powell, Col. Lawrence Wilkerson, reported on these pages, “the Army now gets more soldiers from the state of Alabama, population 4.8 million, than it gets from New York, Chicago, and Los Angeles combined.” Rarely are the children of hedge fund managers, filmmakers, and senators sent to die in the deserts of Syria and Afghanistan.

This imbalance represents the military-industrial complex at its most sinister. A small set of oligarchs on the coasts profit off of lucrative defense contracts and speaking gigs at prominent think tanks and talk shows while ordinary citizens give their last full measure of devotion for the flag, often unaware that our wars do little to advance America’s vital national interests and often undermine our own security.

TAC board member, Will Ruger, summed it up succinctly by citing a recent YouGov poll: “With nearly 70 percent responding in favor of bringing our troops home from Afghanistan and Iraq, it’s clear that our approach to the Middle East doesn’t square with the will of the American people who bear the human and financial costs of these decisions.”

And yet, despite having the support of the American people, whenever President Trump makes a statement about bringing troops home from the Middle East, the editorial pages of nearly every major publication unite against him to bemoan that we are betraying our allies and abandoning U.S. global leadership. In short, the elites and the people not only don’t see eye to eye, but they’re also living on different planets.

As you move on down the list to other issues like globalization, unchecked immigration, and political correctness, the fissures continue to grow. The benefits to main street Americans are few, the costs for society are high, and the rewards almost exclusively go to the people at the top. But when you turn on the news, one side is oblivious to what the other side regards as obvious.

By looking through the prism of class conflict, it’s clear why Americans are so divided about whether or not we should reopen the economy. For the sake of the country, however, a class compromise would be far superior to a protracted culture war.

 

HEALTH DEPARTMENT UPDATES STATEWIDE COVID-19 CASE COUNTS

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The Indiana State Department of Health (ISDH) today announced that 669 additional Hoosiers have been diagnosed with COVID-19 through testing at ISDH, the Centers for Disease Control and Prevention (CDC) and private laboratories. That brings to 17,835 the total number of Indiana residents known to have the novel coronavirus following corrections to the previous day’s total.

A total of 1,007 Hoosiers have been confirmed to have died of COVID-19, an increase of 43 over the previous day following the removal of one duplication. Another 107 probable deaths have been reported. Probable deaths are those for which a physician listed COVID-19 as a contributing cause based on X-rays, scans and other clinical symptoms but for which no positive test is on record. Deaths are reported based on when data are received by ISDH and occurred over multiple days.

                                                      To date, 94,998 tests have been reported to ISDH, up from 91,550 on Wednesday.

Marion County had the most new cases, at 238. Other counties with more than 10 new cases were Allen (33), Cass (40), Delaware (17), Elkhart (10), Hamilton (10), Jackson (10), Johnson (16), Lake (60), Madison (14), Montgomery (27), Morgan (12), Orange (12) and St. Joseph (14). The Lake County totals include results from East Chicago and Gary, which have their own health departments.

The complete list of counties with cases is included in the ISDH COVID-19 dashboard at coronavirus.in.gov. Cases are listed by county of residence. Private lab reporting may be delayed and will be reflected in the map and count when results are received at ISDH. The dashboard will be updated at noon each day.

 

Gov. Holcomb to Provide Updates in the Fight Against COVID-19

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Gov. Eric J. Holcomb, the Indiana State Department of Health and other state leaders will host a virtual media briefing to provide updates on COVID-19 and its impact on Indiana.

 

WHO:             Gov. Holcomb

Lt. Gov. Suzanne Crouch

State Health Commissioner Kristina Box, M.D., FACOG

Department of Workforce Development Commissioner Fred Payne

 

WHEN:           2:30 p.m. ET, Thursday, April 30

 

Media RSVP

Please register HERE by 1 p.m. ET Thursday, April 30. Late requests will not be accepted. One confirmation will be sent per media outlet. If you are confirmed to attend the event, you will receive additional logistics in a separate email.

 

Logistical questions can be directed to agray@gov.in.gov.

Detached Trailer Collides into Vehicle on SR 57, Driver Arrested for DUI

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Indiana State Police responded to a crash on SR 57 north of SR 64 in Oakland City that resulted in one driver being arrested for driving under the influence of methamphetamine and for possession of meth.

Preliminary investigation revealed Maklaine Conner, 23, of Petersburg, was driving her 2008 Chevrolet Tahoe northbound on SR 57 north of SR 64 near the Diplomat Motel when she observed a detached trailer traveling south. The trailer crossed the center line into Conner’s path. After impact with the trailer, Conner’s vehicle became airborne and rolled over onto the guardrail along SR 57. She was checked by EMS, but refused medical attention at the scene.

The driver of the truck that the trailer had detached from was identified as Jarrod Bruce, 47, of Oakland City. He was traveling south on SR 57 in his 2002 Toyota when his trailer detached from his truck. It was determined the trailer’s safety chains were not being used. Troopers noticed Bruce was displaying signs of impairment at the scene and he failed field sobriety tests. When troopers searched his vehicle they found a clear glass smoking device and two baggies containing methamphetamine. Further investigation at Gibson General Hospital in Princeton revealed he was under the influence of methamphetamine. Bruce was arrested and taken to the Gibson County Jail where he is currently being held on bond.

Arrested and Charges:

  • Jarrod L. Bruce, 47, Oakland City, IN
  1. Possession of Meth, Class 6 Felony
  2. Operating a Vehicle While Intoxicated-Endangerment, Class A Misdemeanor
  3. Possession of Paraphernalia, Class C Misdemeanor

Arresting Officer: Trooper Jordan Lee, Indiana State Police

Assisting Officers: Sergeant Kylen Compton, Senior Trooper John Davis and Trooper Hunter Manning.

Assisting Agencies: Gibson County Sheriff’s Office and Oakland City Police

Gov. Holcomb announces contact tracing plan for COVID-19 cases

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Governor Eric J. Holcomb today announced the state is partnering with Maximus to centralize contact tracing and investigations for Hoosiers who test positive for COVID-19. This move, in tandem with a previously announced partnership with Optum to significantly expand testing across the state, is an essential component of efforts to safely reopen Indiana.

“As we fight the spread of COVID-19, we need the ability to rapidly contact positive patients and their close contacts to determine who else might have been exposed,” Gov. Holcomb said. “Centralizing this work will allow us to quickly identify individuals who need to be quarantined, reduce the risk of additional infections and take actions to ensure our schools, workplaces and public settings are safe.”

Contact tracing involves identifying individuals who have tested positive for an illness and asking questions about who they were in contact with during their infectious period, then notifying those close contacts of their exposure. Historically, local health departments have led this function, with assistance from the Indiana State Department of Health (ISDH) when requested.

“Our local health departments have been doing an incredible job with contact tracing for COVID-19, but we know that as the number of cases increases, the strain on local resources will be significant,” said State Health Commissioner Kris Box, M.D., FACOG. “This centralized approach will free up local health departments to connect people with supportive services in their communities, help with large outbreaks in congregate settings and continue to provide other essential public health services, such as immunizations.”
Plans call for hiring at least 500 employees, who will be trained in contact tracing and investigations by ISDH subject matter experts. The call center is expected to be operational around May 11.

EPD REPORT

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EPD REPORT