Terry Gene Henning, Clean Air Act Violation, Colorado 2013

Colorado Springs, CO – Terry Gene Henning, former chief engineer of the Crowne Plaza Hotel, was sentenced to 36 months of probation for knowingly violating federal regulations designed to protect the atmosphere. The case, brought by the Environmental Protection Agency (EPA) and investigated by the agency’s Criminal Investigation Division, revealed a deliberate pattern of illegal refrigerant handling and a concerted effort to cover up the crimes.

Between October 2007 and December 2008, Henning oversaw the maintenance, servicing, and repair of air conditioning units at the hotel. Instead of adhering to established protocols for capturing and containing harmful hydrochlorofluorocarbons (HCFCs) – potent greenhouse gases that deplete the ozone layer – Henning directed his team to *vent* these substances directly into the atmosphere. This practice is a clear violation of the Clean Air Act, which aims to regulate and phase out ozone-depleting chemicals.

The EPA investigation uncovered more than just the illegal venting of HCFCs. Henning actively engaged in a scheme to falsify records and mislead authorities. He not only created the fraudulent documents himself but also instructed his subordinates to participate, threatening job security for those who refused to comply or threatened to report the activity. This intimidation tactic further compounded the severity of the offenses, demonstrating a conscious effort to obstruct justice.

Henning was initially charged on November 14, 2012, with violating the Federal Clean Air Act. After a period of legal proceedings, he entered a guilty plea on July 23, 2013. The sentencing, handed down on December 2, 2013, included three years of probation, a relatively lenient penalty considering the environmental damage caused and the deliberate nature of the cover-up. Critics suggest the sentence doesn’t fully reflect the seriousness of intentionally releasing harmful pollutants and obstructing environmental regulations.

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Legal Ramifications

Henning violated 42 U.S.C. 7671 g(c)(1) of the Clean Air Act, specifically regulations pertaining to the proper handling of Class I and Class II ozone-depleting substances. These regulations require certified technicians to recapture and properly dispose of refrigerants during maintenance, repair, or disposal of appliances. The venting of HCFCs contributes to both ozone depletion and global warming. While the sentencing in this case focused on probation, violations of this statute can carry significant fines and even imprisonment, depending on the scale and intent of the offense.

Key Facts

Defendant: Terry Gene Henning
Location: Crowne Plaza Hotel, Colorado Springs, CO
Dates of Violation: October 2007 – December 2008
Crime: Illegal venting of HCFC refrigerants and falsification of records.
Statute Violated: 42 U.S.C. 7671 g(c)(1) (Clean Air Act)
Penalty: 36 months of probation
Intimidation: Henning threatened employees’ jobs to maintain silence.

This case serves as a stark reminder that environmental crimes, even those seemingly committed within the confines of a private business, carry serious consequences. The EPA continues to prioritize the enforcement of environmental regulations to protect public health and the environment, and individuals who deliberately flout these laws will be held accountable.

Source: EPA ECHO Enforcement Case Database

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