EPA approves stiffer penalty for Navistar engines

Published: Thursday, August 30, 2012 @ 6:01 PM
Updated: Thursday, August 30, 2012 @ 6:01 PM

Navistar International Corp. will be able to sell engines that do not meet 2010 emissions standards — but the company will pay a fine of up to $3,800 per engine to do so.

The Environmental Protection Agency announced Thursday night approval of the final rule, which is double the amount originally proposed. Last week the U.S. Court of Appeals upheld its decision to block Navistar from selling engines that do not meet carbon emissions standards in exchange for a fine of around $1,900 per engine.

Navistar President and COO Tony Clarke said the EPA ruling provided clarity.

“We can now provide our dealers and customers with clarity and certainty as we transition to our clean engine technology and look forward to utilizing the final rule as needed,” Clarke said in a statement.

Navistar has a plant in Springfield that employs around 850 workers. The plant owes some of its recent growth to the production of trucks that use the heavy duty engines currently in contention.

“There’s definitely a concern there,” said Jason Barlow, president of United Auto Workers Local 402, which represents local employees. “We’ve been able to gain work and production because of the WorkStar, ProStar and TranStar, which were all originally produced at other facilities.”

After renewing a favorable contract with Local 402, Navistar hired local workers for the first time in a decade.

“If they can’t manufacture those models, it’s bad for all plants, but we want to have as much production as possible in this plant,” Barlow said.

The federal court ruling said Navistar must stop production of trucks with the noncompliant engines once it runs out of banked emissions credits, but it also allowed the EPA to come up with a final rule that would be more appropriate.

Noncompliance penalties are allowed under the Clean Air Act — which establishes the carbon emissions standards — but trucking manufacturing competitors and the court maintained the EPA’s initial $1,900 fine was unfair to those who became compliant with standards.

The EPA increased the cost of the noncompliance penalty. In the final rule document from the EPA, it says the increase in cost is mostly because of a change in fuel and diesel exhaust prices. The penalty is not meant to punish noncompliant manufacturers but to take away the competitive disadvantage compliant manufacturers face by accruing the costs associated with meeting carbon emissions standards.

The rule also states that there must be three criteria met to enact a noncompliance penalty: that the new standards are more difficult to meet, that a lot of work is required to meet them, and that there is a company unable to meet them due to technological reasons that could go out of business without the penalty.

The EPA argues that Navistar is the company that could go out of business without the penalty.

“EPA estimated that Navistar’s inability to certify any Class 8 engines early in model year 2012 would cause layoffs of thousands of Navistar employees, the loss of billions of dollars in revenue to Navistar, and negative impacts on customers and suppliers,” according to federal court documents.

National analyst Vicki Bryan verified the danger Navistar faces manufacturing noncompliant engines.

“When those (banked emissions) credits are gone, any time between now and the next few months at the latest, Navistar will be forced to stop selling all new engines and trucks in the U.S.,” said Bryan, analyst for Gimme Credit, in a report released Thursday before the new EPA rule was announced.

That could have caused production shutdowns and a loss of up to $1 billion in revenue a month. In July the company announced it would combine the technology it developed with the treatment its competitors use to ensure the heavy duty engines are compliant with emissions standards and have it ready by 2013.

Bryan called that plan “exceedingly ambitious for management to accomplish in a matter of months …”

Navistar has been plagued with problems since courts overturned the EPA rule. Since June, Navistar:

  • Stock has declined more than 50 percent and activist investors sought to gain more shares — prompting rumors of a takeover, change in management or even bankruptcy.
  • Reported two straight quarters of revenue loss including $172 million loss in second quarter 2012.
  • Was taken out of the running for a $14 billion military contract to engineer and develop 55,000 Humvees.

  • Announced a Securities and Exchange Commission investigation of Navistar’s finances because of concerns about disclosure and accounting.

  • CEO Dan Ustian announced his retirement effective immediately Monday. He was replaced by on an interim basis by former Textron Inc. executive Lewis Campbell.

Woman sues Jelly Belly for not listing sugar as ingredient in its Sport Beans

Published: Thursday, May 25, 2017 @ 5:49 PM



Neilson Barnard

A California woman has sued Jelly Belly, claiming it engaged in deceptive labeling and advertising practices by promoting its Sports Beans as a performance aid.

Jessica Gomez filed the class-action lawsuit earlier this year, according to Legal Newsline.

>> Read more trending news

At the heart of Gomez's complaint is that the company used evaporated cane juice instead of sugar in the Sports Beans ingredients list. In 2016, the FDA issued a guidance urging companies not to substitute the term evaporated cane juice for sugar. However, the FDA recommendations are not legally binding, according to Forbes.

Gomez claimed she would not have bought the product if Jelly Belly had been truthful about the product’s ingredients instead of advertising that the Sports Beans are suitable for athletes and contain carbohydrates, electrolytes and vitamins. 

According to Forbes, Jelly Belly stated in a motion to dismiss that the lawsuit is "nonsense." The company defended its Sports Beans product, and said the sugar content is clearly stated on the label's Nutrition Facts panel.

MillerCoors’ Butler County brewery recognized for environmental efforts

Published: Thursday, May 25, 2017 @ 1:28 PM
Updated: Thursday, May 25, 2017 @ 5:16 PM


            Ohio EPA honored the MillerCoors Trenton Brewery in St. Clair Twp. Thursday, May 25, 2017, to recognize the facility s many achievements in environmental stewardship in the local community. The brewery achieved gold-level recognition in Ohio EPA s Encouraging Environmental Excellence (E3) program. ERIC SCHWARTZBERG/STAFF
            Eric Schwartzberg

The Ohio EPA honored the MillerCoors Trenton Brewery in St. Clair Twp. last week for its achievements in environmental stewardship.

Speaking during a flag-raising event at the facility, which employs 515 people, Ohio EPA Director Craig Butler detailed how the brewery achieved gold-level recognition in Ohio EPA’s Encouraging Environmental Excellence (E3) program.

MillerCoors has substantially reduced water use, reduced emissions and eliminated waste going to the landfill, Butler said. In addition, the company is heavily engaged in protecting ground water, “understanding that clean water is vital to the company economically and to the local environment and public health,” he said.

MORE: Trenton brewery to convert waste water into fish feed

“You’ve got a fantastic sustainability program here,” Butler told MillerCoors employees. “This, to us, shows this high level of commitment. You could easily say ‘I collect all this waste. I send it to the landfill. I send it to the waste water plant across the street. We meet our compliance targets and we just move on.’ It takes some really innovative thinking, it takes thinking from the ground up.

“A lot of these (initiatives) are employee driven and that shows a broad level of support and commitment to it, as well.”

Ohio EPA’s E3 program recognizes businesses and other organizations for completing environmentally beneficial activities and serves as an incentive for companies to commit to ongoing environmental stewardship.

E3 recognition has four levels: Achievement, Silver, Gold and the newest Platinum level, all requiring a commitment to meet or exceed environmental regulatory requirements, Ohio EPA officials said.

Achievement is base level recognition, Silver Level recognizes outstanding accomplishments in environmental stewardship and Gold Level recognizes comprehensive environmental stewardship programs.

The company received the Silver Level award in 2014, according to Todd Washing, technical services manager for MillerCoors Trenton Brewery

Only 28 companies statewide have achieved gold-level recognition, and what stands out about each, Butler said, is “teamwork and commitment to (going) beyond environmental compliance.”

“Not just the idea of compliance with state or federal law, but an internal commitment often driven by employees that says ‘We want to do better and we want to be recognized for that,’” he said.

MORE: MillerCoors’ Butler County brewery toasts 25 years

Brewery employees continuously strive to improve in the amount of energy and water used every day, Washing said.

“We all live in these communities nearby, we have neighbors that are fairly close and it’s the right thing to do,” he said. “The fact that we’re being recognized for doing that is just icing on the cake.”

A Sustainability Council comprised of members of each department across the brewery works to identify and track improvement opportunities and sustain those improvements through routine inspections and other standard work, Washing said.

“Mark Koch, our environmental engineer, helps guide their activities to identify new opportunities to reduce our energy and water usage, improve our environmental footprint, things of that nature, and then help sustain those gains after the fact,” he said. “Our employees are really the key to all of the environmental (and) sustainability improvements that you’ve seen over the years.”

The brewery, MillerCoors’ second largest, became the first MillerCoors facility to become a “zero waste” facility. None of the plant’s waste material has gone to landfills since 2009. It is either recycled or sent to businesses that turn food waste into energy production.

RELATED: MillerCoors’ efforts to make breweries landfill-free started in Trenton

Washing said the brewery has reduced overall energy use by 38 percent since 2011, which came from a number of initiatives, including switching from coal-fired utilities plant to a natural gas-fired utilities plant in early 2016.

Doing so reduced emissions by more than 91 metric tons annually, a reduction that contributed to removing a regional low-emission gasoline requirement, saving Southwest Ohio motorists money at the gas pump, company officials said.

MillerCoors Trenton Brewery also has significantly reduced water use, consistently exceeding the industry standard in their water-to-beer ratio, and even set a brewery record last June by using only 2.71 gallons of water for every gallon of beer.

The facility also saved energy by installing more efficient lighting and, on the wastewater side, reducing nutrient discharges to the Great Miami River.

For more about the E3 program and the nomination process, visit www.epa.ohio.gov/ohioe3.aspx.

Dorothy Lane launches home-delivery service

Published: Thursday, May 25, 2017 @ 11:49 AM
Updated: Thursday, May 25, 2017 @ 11:50 AM


            Dorothy Lane Market, with three locations in the Dayton area, just launched a new grocery delivery service. PHOTO/PROVIDED

Dorothy Lane Market is adding home delivery as an option to its online grocery shopping and curbside pick-up service launched earlier this year called DLM Drive-Up.

Groceries can be ordered for deliver at www.DLMDriveUp.com in neighborhoods surrounding the three Dorothy Lane locations in the following zip codes: 45066, 45409, 45419, 45429, 45440, 45458, and 45459, according to a company statement.

RELATED: Two new upgrades coming to Dorothy Lane Market

“Right now, we want to focus on the areas nearby our stores and then expand from there,” said Sarah Linville, DLM Drive-Up manager. “With the success of our curbside pick-up, we think this is just an additional way DLM Drive-Up can make people’s lives easier, whether they are crunched for time or are unable to get out of the house for whatever reason.”

Dorothy Lane is offering delivery service at a time when an increasing number of national grocery chains, including Cincinnati-based Kroger, have established their own delivery services and online shopping sites in the local area.

RELTED: Grocery wars: Shoppers benefit from grocers duking it out

All grocery orders placed via www.DLMDriveUp.com will be sourced from Dorothy Lane’s Washington Square location for both curbside and home delivery.

Although curbside pick-up is offered seven days a week, delivery will be available from 11 a.m. to 5 p.m., Monday through Friday.

There will be a $5.99 “shoppers fee” added to every order placed for curbside pickup, and a $9.99 fee for home delivery.

Fairfield brewery: Swine City Brewing plans summer debut

Published: Thursday, May 25, 2017 @ 3:28 PM


            Swine City Brewing plans to open this summer at 4614 Industry Drive in Fairfield. The new business will feature a large indoor tasting room and a 1.6-acre outdoor area with a 2,600-square-foot patio. CONTRIBUTED PHOTOS

Swine City Brewing plans to open this summer at 4614 Industry Drive in Fairfield.

The new business will feature a large, indoor tasting room and a 1.6-acre outdoor area with a 2,600-square-foot patio, according to co-owner Daniel Ebben, of Fairfield.

Swine City will feature a few regular offerings, as well as an ever-changing tap list, Ebben said. Beers will be available to drink on site in Swine City’s taproom or packaged to go.

MORE: Cincinnati brewery creates Fiona-inspired beer

“We look to brew a variety of styles, plus wine and cider in the near future,” Ebben said. “We intend to be a family-friendly facility with private outdoor areas for small and large events.”

The venue also offers ample indoor and outdoor seating areas and a stage for live music, he said.

Swine City Brewing will launch operations in the 5,000-square-foot building with four 10-barrel tanks, one 15-barrel tank and three 7-barrel wine fermenters.

MORE: Rivertown Brewing in Monroe includes restaurant

The business is family- and employee-owned and comprised of industry professionals who “all wear many hats,” said Ebben who handles production and brewing. That includes Fairfield residents Debby Ebben (onsite management and ordering), Jeffrey Herring (packaging and distribution), Chris Schulz (marketing and taproom manager), plus Claire Von Saucken (events and accounting), of Charlotte, N.C. and Justin Chaney (head brewer), of Springfield Twp.

“It’s pretty common for all of us to be there on a brew day and we’ll hang out and serve, too,” Ebben said. “We love the interaction with our customers and it’s the best test of our product.”

MORE: New brewery near Kings Island plans more than beer

The company’s owners, who have “a lot of years” of brewing under their belts, already have produced blonde and cream ales, saison, sour-style brews and stouts, but have not yet decided on which styles will comprise Swine City’s regular offerings.

The business is in the middle of building its bar and adding two ADA-compliant restrooms to the site, which most recently housed a scaffolding company. It plans to open this summer.

So why open a brewery?

“I’ve always enjoyed brewing,” Ebben said. “The art and culture surrounding the end product has always been intriguing. Recent changes in laws allowing us to more easily operate tasting rooms in Ohio (helped), as well as the raising of the ABV limit has allowed for more creativity.”

OTHER: Microbrewery, taproom coming to West Chester

As for why Fairfield got the nod, Ebben said the city “is a nice place to raise a family and to start a business.”

“The community is welcoming and the city couldn’t be easier to work with,” he said. “We called and attempted to have meetings with other local municipalities and Fairfield was the most responsive.”

Ebben said in the course of his search for the perfect site for Swine City Brewing, he happened upon a property that “needed some love” and happens to be five minutes from his home. “I’ve been a Fairfield resident almost all of my life, so it just​ works out,” he said. “I like the location because of its ample outdoor area and being close to a few major thoroughfares.”

MORE: Hamilton brewery’s beer will soon be available in more places

For more information, visit www.Facebook.com/SwineCityBrewing or call 513-201-7070.