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U.S. EPA has fleet owners changing their tune
Robert Gandley is a partner at MacDonald
Illig. He is chair of the
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Firm’s Environmental & Energy Group and concentrates his practice in the areas of regulatory compliance and permitting.
Owners of fleets of diesel trucks and equipment should be aware of the ongoing U.S. Environmental Protection Agency (USEPA) crackdown against both vehicle tampering and the installation of “defeat devices.” (See 42 U.S.C.§§ 7522(a) (3)(A)&(B) for laws prohibiting tampering with engine components or selling, offering to sell or installing any part or component where the principal effect is to bypass or render inoperative any emission control device on an engine.) Most everyone is familiar with the large automaker emissions cheating scandal involving Volkswagen several years ago where their diesel vehicles had computer software designed to allow them to pass emissions tests, but operate at higher emissions levels during normal driving to improve performance and/or fuel economy. The Volkswagen case led to multibillion-dollar civil penalties as well as criminal charges. Similar enforcement activities are now occurring on a smaller scale involving numerous companies who manufacture, distribute or install defeat devices or tuning software to retune diesel engines as well as owners of fleets of diesel vehicles that have had trucks retuned and defeat devices installed.
It is important to understand the background of the rise in defeat
devices. As diesel pollution control equipment became more complicated and expensive, truck owners began frequently removing or deactivating pollution control equipment rather than maintaining or replacing it. In an effort to curb these activities, manufacturers now have installed computerized software in diesel vehicles that monitor various operating parameters and automatically derate or shut down a diesel engine that operates outside of design parameters. As a result, truck owners are now also having trucks illegally retuned to enable them to continue running when certain parameters are outside of the factory design settings. USEPA estimates that a vehicle that has been altered can produce emissions 30-40 times higher than a newly certified compliant vehicle. When you combine this with the fact that USEPA estimates over 500,000 pickup trucks have been subject to tampering (as well as a very large number of other diesel vehicles), you can see that the scope of the excess emissions involved is significant. USEPA recently has ramped up efforts to pursue violators of the vehicle emissions regulatory standards through a National Compliance Initiative. Enforcement actions have been pursued against a variety of entities including the manufacturers/sellers of defeat devices, the providers of illegal tuning services, and the owners of illegally modified trucks. Generally, as a part of an enforcement action against any of these entities, one of USEPA’s tactics has been to submit information requests to the target asking for all information that will lead to customers or suppliers/providers who were also involved in the emissions tampering. This has led to USEPA having successful enforcement actions against a variety of entities.
It is important for fleet owners to know that in any enforcement action, they are likely to face civil
penalties (with stated penalties in the range of $5,000 per unit and some reductions available for defendants entering into voluntary settlement agreements). Enforcement also includes orders to document the prompt restoration of all equipment back to factory emission equipment and retuning to factory settings. In addition to the penalties and the even higher expense of repairs and business disruption, individuals involved in tampering also face the prospect of potential criminal enforcement. One employee of a fleet operator in Pennsylvania was sentenced to six months in prison for altering 30 heavy-duty diesel trucks in their fleet. USEPA now has databases of suspect equipment, expedited investigation and settlement tools, staff expertise and other items in place to enable accelerated enforcement of tampering cases at least through the 2023 expiration of their ongoing National Compliance Initiative. For more information, contact Robert Gandley at 814/870-7661 or rgandley@mijb.com.
Logistics Plus Inc. (LP), a leading worldwide provider of transportation, logistics, and supply chain solutions, was selected by Supply & Demand Chain Executive, an industry-leading publication covering the entire global supply chain, as a recipient of the Top Supply Chain Projects Award for 2021. This is the third consecutive year and the fifth time in the past six years that Logistics Plus has been honored for managing a top global supply chain project. The Top Supply Chain Projects Award (formerly known as the SDCE 100) spotlights successful and innovative transformation projects that deliver bottom-line value to small, medium, and large enterprises across various supply chain functions. These projects show how supply chain solution and service providers help their customers and clients achieve supply chain excellence and prepare their supply chains for success. The supply chain project submitted by Logistics Plus that earned this year’s recognition was an optimized load planning solution for a client in the industrial glove industry. The client received a large purchase order for 27 containers of product from a major big-box retailer via an Excel file that consisted of hundreds of lines and dozens of columns.
Due to the complexity of the file, the client needed assistance building a load plan that would optimize container space for shipping. The Logistics Plus team used 3-D modeling software to build visual load plans and then filled the empty spaces with additional products to fully optimize the containers. As a result, Logistics Plus was able to identify 25 open pallet positions, which increased the client’s purchase order by $250,000. Logistics Plus also handled the Free on Board (FOB) transportation of the goods. For more information, visit www.logisticsplus.com.
NORTHWEST BANK CELEBRATES GRAND REOPENING OF SUMMIT SQUARE OFFICE
Officials of Northwest Bank, along with community representatives, cut the ceremonial ribbon to celebrate the grand reopening of the bank’s Summit Square office at 1945 Douglas Parkway. Joining the Northwest team for the ribbon cutting on June 3 were many of the bank’s community partners, including Summit Township Supervisors Tony Davis and Mark Welka; Colleen Gross, Doug Massey and Kathy Harrington, representing the Erie Regional Chamber & Growth Partnership; and Superintendent Rick Emerick and Assistant Superintendent Sean Wolfrom, Ph.D., of the Fort LeBoeuf School District.
Led by Office Manager Jessica Garrity and her team of bankers, Northwest’s full-service location provides access to an array of products and services, including personal and business banking, loans, investment management, trust and retirement plan services. Northwest Bancshares, Inc. is the holding company of Northwest Bank, which is headquartered in Warren, Pennsylvania. For more information, visit www.northwest.bank. 12 AUGUST 2021 • mbabizmag.com
Logistics Plus, headquartered in Erie, Pennsylvania, is a 21st-century logistics company that provides freight transportation, warehousing, fulfillment, global logistics, business intelligence, and supply chain management solutions.
ROBERTS TRUCKING AND AFFILIATE COMPANIES ANNOUNCE NAME CHANGE TO WAVEPOINT 3PL
Effective since June, Roberts Trucking and its sister companies, Roberts Logistics Service, Roberts Warehousing, MooreHill Logistics, Print Media Logistic Solutions and Rise Logistics, will operate as wholly-owned subsidiaries of Wavepoint 3PL. Headquartered in North East, Pennsylvania, Wavepoint 3PL provides cost-effective, flexible logistic services for today’s customers seeking increasingly personalized and streamlined solutions. This is the latest evolution for Roberts Trucking, which was founded in 1978 and which has added businesses to its organization through the years. “We’ve reached a new milestone and are moving all of the companies into a high performing, single source 3PL. With these enhanced synergies, we will continue to expand from a powerful regional presence to a national organization, while enhancing our supply chain solutions from our 3PL mindset,” said Kirk Hill, president of Wavepoint 3PL. “Ultimately, this new organization and system is designed to deliver operational and cost efficiencies to all of our customers in a broad range of industries.” Accompanying the restructuring is a new entrepreneurial leadership team and an expansion of current operations. Wavepoint 3PL is adding to its truck fleet, expanding transportation brokerage services and plans to build warehouse capacity to 2 million square feet, according to Hill. Already, the company has invested in some of the latest technologies to best manage product flow for its customers around the country. The new Wavepoint 3PL works with a variety of mission-critical supply chains from small to mid-sized to large manufacturers and distributors, spanning CPG food and beverage, food processing raw materials, food packaging, over-the-counter pharmaceuticals, health and beauty, technology and ultra-clean manufacturing components. For more information, visit www.wavepoint3PL.com.
ProChemTech International, Inc. recently announced that it has completed an expansion of its Chemical Plant No. 1 located in Brockway, Pennsylvania. The expansion added 4,000 square feet of a steel framed high bay with totally contained truck dock capable of handling a tanker and tractor trailer at once and a 400-square-foot code compliant boiler room. The old plant process boiler was also replaced with a new, high-efficiency boiler. The increased floor space will be utilized for raw material and finished product storage. Future plans include relocation of the silicate production line from its current location into a contained area within the expansion. Financing was via the Clarion County Community bank with W&W and Sons of St. Marys as the general contractor. Total project cost exceeded $600,000. ProChemTech has its main office, laboratory, and equipment and chemical manufacturing facility located in Brockway and a second chemical manufacturing facility and service center located in Apache Junction, Arizona. The company specializes in innovative equipment, systems, and equipment for management of boiler, cooling, process, and waste waters for industrial and commercial customers. Key technologies include patented processes for reducing cooling tower water use and eliminating use of toxic chemical biocides. For more information, visit www.prochemtech.com.
RAYMOND JAMES’ SPANOS EARNS TOP SPOT ON 2021 BEST IN STATE WEALTH ADVISOR LIST
For a fourth consecutive year, Samuel Spanos has earned recognition from Forbes Magazine and was named No. 1 for the state of Pennsylvania on the 2021 Best In State Wealth Advisor list.
Spanos is a senior vice president of Investments and managing director for Raymond James & Associates in Beaver, Pennsylvania. He earned a bachelor’s degree in business administration and accounting from Duquesne University. Spanos is a member of the Advisory Board of the Rochester, Pennsylvania Corps of the Salvation Army and has served on the Board of Directors of the McGuire Memorial Foundation, Sewickley Valley Historical Society and the Board of Directors of Habitat for Humanity of Beaver County. The Forbes ranking of Best-In-State Wealth Advisors, developed by SHOOK Research, is based on an algorithm of qualitative criteria, mostly gained through telephone and in-person due diligence interviews, and quantitative data. Those advisers that are considered have a minimum of seven years’ experience, and the algorithm weights factors like revenue trends, assets under management, compliance records, industry experience and those that encompass best practices in their practices and approach to working with clients. Out of approximately 32,725 nominations received, based on thresholds, more than 5,000 advisers received the award. Portfolio performance is not a criteria due to varying client objectives and lack of audited data.
ACE WIRE SPRING & FORM FOREMAN RECOGNIZED FOR BOTSIQ SERVICE
Ace Wire Spring & Form Co, Inc., located in McKees Rocks, Pennsylvania, recently recognized Secondary Foreman Mike “Crowbar” Valoski for his contributions and service as a referee and volunteer for the BotsIQ of PA for almost 15 years. Valoski joined Ace Wire Spring & Form more than four years ago. He has more than 15 years of experience in the process engineering and workforce development fields. His previous positions include plant engineer at Rolf Glass, Mechatronics instructor at Parkway West CTC, program manager for BotsIQ of PA and Mechatronics Research Lab manager at the National Center for Robotics Engineering Technology Education. Valoski looks forward to the preliminary Southwestern Pennsylvania BotsIQ contest. He assists with the competition by helping students of robotics teams understand what they need to do while following the guidelines and rules set up for robot design requirements, as well as safety of the students. He is known for carrying around his crowbar at local BotsIQ events, using it to clean up the battle arenas and assisting with the removal of battered and beaten robots.
Ace Wire Spring & Form also is a sponsor of the Clairton High School BotsIQ team. Each winter, the team visits the company and gets a tour by Valoski. BotsIQ, known as the smart sport, is a manufacturer workforce development program with the goal to provide a pathway for high school students to learn about rewarding careers in manufacturing. Ace Wire Spring & Form is a precision spring manufacturer and an industry leader in the production of compression springs, extension springs, torsion springs, specialty springs, and wire forms.
KNOX LAW FIRM WELCOMES TWO NEW ASSOCIATES
McLaughlin Gornall & Sennett, P.C. (Knox Law) recently welcomed two new associates, Matthew W. Lasher and Ashley M. Mulryan. Lasher will concentrate his practice on labor & employment law. He graduated from The Pennsylvania State University and University of Richmond School of Law, where he was assistant symposium editor for the University of Richmond Law Review and served on the Student Bar Association. He is active in nonprofit and community organizations including Catholic Charities, NAMI and Young Erie Professionals. Mulryan will focus her practice on Bankruptcy, Creditors’ Rights and business reorganization. She is a cum laude graduate of Allegheny College and earned her J.D. from Case Western Reserve University School of Law, where she received the Marvin and Sue Sicherman Excellence in Bankruptcy Award and participated in the Bankruptcy Moot Court Team, among other activities. She also served as a Certified Legal Intern for the Case Western Community Development Clinic. Her legal experience includes a judicial externship for Judge Harris of the Northern District of Ohio Bankruptcy Court and two summers clerking for Knox Law.
At Knox Law, Lasher and Mulryan join a team of more than 40 attorneys that has been providing legal services to businesses, governmental entities, nonprofit organizations, insurance companies, financial institutions, individuals and families for over 60 years.
THE ERIE COMMUNITY FOUNDATION NAMES NEW PRESIDENT
The Erie Community Foundation (ECF) has named Karen Bilowith as its new president, the Board of Trustees recently announced. Bilowith is currently the president and chief executive officer of the Idaho Community Foundation, which is a statewide public charitable foundation. Previously, she held the same position for the Community Foundation for the Greater Capital Region in Albany, New York. She also worked in an executive position with United Way of the Greater Capital Region also in upstate New York. In 2020, she was recognized as a CEO of Influence by the Idaho Business Review and, in June 2013, received the Key4Women Achieve Award. Bilowith holds a master’s degree in public administration from the University of Colorado and a bachelor’s degree in economics from Boston College. She will start at ECF on October 1, 2021.
ECF Vice President of Philanthropic Services Susannah Weis Frigon will continue to serve as interim president until then. Prior to joining the Foundation in 2013, Weis Frigon spent 24 years in the financial services industry, holding leadership positions in Chicago, Rochester, New York and Pittsburgh. Former ECF President Mike Batchelor had extended his December 2020 retirement due to the search for the new president pausing for the COVID-19 pandemic. Batchelor is now the president of the Pennsylvania Association of Community Foundations, a membership-based organization of 31 community foundations in the state.
The mission of The Erie Community Foundation is to improve the quality of life for all in the region by evaluating and addressing community issues, by building permanent charitable endowments and by promoting philanthropic and community leadership. ECF’s annual Erie Gives Day is August 10, 2021.
