EPA v. THE EDUCATIONAL STANDARDS CORPORATION A/KA/ ESCO INSTITUTE

Case summary

2/24/06 - ADMINISTRATIVE ORDER ISSUED. RESPONDENT IS AN EPA APPROVED SECTION 608 TECHNICIAN CERTIFICATION PROGRAM PURSUANT TO 40 C.F.R. SECTION 82.16(c). RESPONDENT WAS GRANTED FINAL APPROVAL OF ITS SECTION 608 TECHNICIAN CERTIFICATION PROGRAM ON DECEMBER 29, 1993. SECTION 608 TECHNICIAN CERTIFICATION PROGRAMS ARE REQUIRED TO BE ADMINISTERED IN ACCORDANCE WITH 40 C.F.R. PART 82, SUBPART F, APPENDIX D. APPENDIX D REQUIRES APPROVED TESTING ORGANIZATIONS TO ADHERE TO SEVERAL REQUIREMENTS, INCLUDING, BUT NOT LIMITED TO THE FOLLOWING: A. CERTIFICATION FOR TYPE II, TYPE III, AND UNIVERSAL TECHNICIANS WILL BE DEPENDENT UPON PASSAGE OF A CLOSED-BOOK; PROCTORED TEST; ADMINISTERED IN A SECURE ENVIRONMENT, BY AN EP-APPROVED CERTIFYING PROGRAM; B. PROCTOES MUST ENSURE THAT THE APPLICANTS FOR CERTIFICATION DO NOT USE ANY NOTES OR TRAINING MATERIALS DURING TESTING; C. DESKS OR WORK SPACE MUST BE PLACED IN A WAY THAT DISCOURAGES CHEATING; D. THE SPACE AND PHYSICAL FACILITIES ARE TO BE CONDUCIVE TO CONTINUOUS SURVEILLANCE BY THE PROCTORS DURING TESTING; E. PROCTORS CANNOT KNOW IN ADVANCE WHICH QUESTIONS ARE ON TEST THEY ARE PROCTORING; F. PROCTORS ARE REQUIRED TO VERIFY THE IDENTITY OF INDIVIDUALS TAKING THE TEST BY EXAMINING PHOTO IDENTIFICATION. ACCEPTABLE FORMS OF IDENTIFICATION INCLUDE BUT ARE NOT LIMITED TO DRIVERS' LICENSES, GOVERNMENT IDENTIFICATION CARDS, PASSPORTS, AND MILITARY IDENTICATION; AND G. A CERTIFYING PROGRAM MUST DEMONSTRATE THE ABILITY TO ENSURE THE CONFIDENTIALITY AND SECURITY OF THE TEST QUESTION AND ANSWER KEYS THROUGH STRICT ACCOUNTABILITY PROCEDURES. ON OCTOBER 29, 2004, AN ENFORCEMENT OFFICER FROM EPA REGION 4'S AIR ENFORCEMENT SECTION PARTICIPATED IN A CAA SECTION 608 TEST, WHICH WAS ADMINISTERED ON THE PROPERTY OF CENTURY MAINTENANCE SUPPLY BY A PROCTOR ON BEHALF OF THE RESPONDENT. DURING THE TEST, THE ENFORCEMENT OFFICER OBSERVED THE CONDITIONS UNDER WHICH THE TEST ADMINISTERED, MONITORED TESTING PROCEDURES, AND KEPT TRACK OF THE PROCTOR'S ACTIONS. AS A RESULT OF THE ENFORCEMENT OFFICER'S SURVEILLANCE, EPA IDENTIFIED A NUMBER OF INCONSISTENCIES BETWEEN THE MANNER IN WHICH THE SECTION 608 TEST WAS ADMINISTERED BY THE PROCTOR, AND THE REQUIREMENTS OF APPENDIX D.

Defendants (1)

• THE EDUCATIONAL STANDARDS CORP. A/K/A ESCO INSTITUNamed in settlement

Facilities (1)

• CENTURY MAINTENANCE SUPPLY

  1724 SANDS PLACE, MARIETTAG, GA, 30067

  Registry ID: 110028112673

Statutes cited

• CAA 608 — National Recycling & Emission Reduction Program

Enforcement conclusions (1)

• THE EDUCATIONAL STANDARDS CORPORATION A/KA/ ESCO INSTITUTEentered 2006-02-24

  Primary law: CAA

Timeline (2 milestones)

• 2006-02-24Final Order Issued
• 2006-04-03Enforcement Action Data Entered