### UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

BEFORE THE ENVIRONMENTAL APPEALS BOARD

IN THE MATTER OF ) ) AboveNet Communications, Inc. ) Docket No. EPCRA

- HQ

- 2012

- 8000 360 Hamilton Avenue ) Docket No. CWA

- HQ

- 2012

- 8000 White Plains, NY 10601 ) ) Respondent )

CONSENT AGREEMENT

I. Preliminary Statement

1. Complainant, the United States Environmental Protection Agency (EPA) and Respondent, AboveNet Communications, Inc. (AboveNet ), having consented to the terms of this Consent Agreement (Agreement), and before the taking of any testimony and without the adjudication of issues of law or fact herein, agree to comply with the terms of this Agreement and attached proposed Final Order hereby incorporated by reference

.

2. By letters dated July 29, 2011, and October 27, 2011, Respondent notified EPA that violations of certain environmental statutes and regulations were discovered during a July 2011 corporate

- wide audit of AboveNet’s telecommunication facilities

.

3. Pursuant to EPA’s policy entitled Incentives for Self

- Policing: Discovery, Disclosure, Correction and Prevention of Violations (Audit Policy), 65 Fed. Reg. 19,618 (April 11, 2000), Respondent submitted voluntary disclosures to EPA regarding potential violations of:

a. The Spill Prevention, Control, and Counter measure Plan requirements under Section 311(j) of the Clean Water Act (CW A)

, 33 U.S.C. § 1321(j);

b. Emergency Planning and Community Right

- to

- Know Act (EPCRA) Section 311, 42 U.S.C. § 11021; and

c. EPCRA Section 312, 42 U.S.C. § 11022.

4. AboveNet’s disclosures have resulted in a final list of disclosed violations compiled in Attachment A, hereby incorporated by reference, which are the subject of this Agreement.

### 2

5. The disclosures listed in Attachment A, hereby incorporated by reference, have been determined by EPA to satisfy all the conditions set forth in the Audit Policy. These violations therefore qualify for a 100% reduction of the civil penalty’s gravity component.

II. Jurisdiction

6. The parties agree to the commencement and conclusion of this cause of action by issuance of this Agreement, as prescribed by EPA’s Conso lidated Rules of Practice Governing the Administrative Assessment of Civil Penalties and the Revocation or Suspension of Permits , 40 C.F.R. Part 22, and more specifically by 40 C.F.R. § 22.13 and 40 C.F.R. § 22.18(b).

7. Respondent agrees that Complainant ha s the jurisdiction to bring an administrative action, based upon the facts which Respondent disclosed, for these violations and for the assessment of civil penalties pu rsuant to Section 311(b)(6) of the CWA , 3 3 U.S.C. § 1321(b)(6) , and Section 32 5 of EPCRA , 42 U.S.C. § 11045

.

8. Respondent hereby waives its right to request a judicial or administrative hearing on any issue of law or fact set forth in this Agreement and its right to judicial review of the proposed Final Order accompanying this Agreem ent. Nothing herein shall be construed as a waiver of the right to any administrative proceeding for, or judicial review of, any action taken by EPA to enforce this Agreement.

9. For purposes of this proceeding, Respondent admits that EPA has jurisdiction o ver the subject matter that is the basis of this Agreement.

10. Respondent neither admits nor denies the conclusions of law as set forth in this Agreement.

III. Statements of Fact

11. AboveNet is a telecommunications company organized under the laws of the state of Delaware

.

12. Pursuant to EPA’s Audit Policy, Respondent hereby certifies as to the accuracy of the following facts upon which this Agreement is based:

a. T he violations were discovered through an audit or through a compliance management system reflecting due diligence;

b. T he violations were discovered voluntarily;

c. T he violations were promptly disclosed to EPA in writing;

### 3 d. T he violations were disclosed prior to commencement of an a gency i nspection or investigation, notice of a citizen suit, filing of a complaint by a third party, reporting of the violations by a “whistle blower” employee, or imminent discovery by a regulatory agency;

e. T he violations were timely corrected and Respondent is, to the best of its knowledge and belief, in full compliance with Section 311(j)(1)(C) of the CWA

, 33 U.S.C. § 1321(j)(1)(C), and Sections 311 and 312 of EPCRA

, 42 U.S.C. § § 11021

, 11022 , and the implementing regulations of each Act, with respect to the violations set forth in Attachment A;

f. A ppropriate steps have been taken to prevent a recurrence of the violations;

g. T he specific violations (or closely related violations) identified in Attachment A have not occurred within three (3) years of the date of disclosure identified in Paragraphs 2

- 4 above, at the same facilities that are the subject of this Agreement, and have not occurred within five (5) years of the date of disclosure identified in Paragr aphs 2

- 4 above, as part of a pattern at multiple facilities owned or operated by the Respondent. For the purposes of this subparagraph ( g ) , a violation is:

i. any violation of federal, state, or local environmental law identified in a judicial or administra tive order, consent agreement or order, complaint, or notice of violation, conviction or plea agreement; or

ii. any act or omission for which the regulated entity has previously received penalty mitigation from EPA or a state or local agency;

h. T he violations have not resulted in serious actual harm nor presented an imminent and substantial endangerment to human health or the environment and did not violate the specific terms of any judicial or administrative Final Order or Agreement; and

i. Respondent has cooper ated as requested by EPA.

I V

. Conclusions of Law

EPCRA

13. Respondent i s a “ person ” as defined by Section 329(7) of EPCRA, 42 U.S.C. § 11049(7), and i s the owner or operator of each “facility” listed in Attachment A as defined by Section 329(4) of EPCRA

, 42 U.S.C. § 11049(4)

.

14. Section 311(a) of EPCRA, 42 U.S.C. § 11021(a), and the implementing regulations found at 40 C.F.R. Part 370, require the owner or operator of a facility that is required to prepare or have available a mate rial safety data sheet (MS DS ) for a hazardous chemical under the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651 et seq. , (OSH

### 4

Act ), and regulations promulgated under the OSH Act, to submit the MSDS, or in the alternative, a list of such hazardous chemicals to the appr opriate Local Emergency Plannin g Committee (LEPC ), the State Emergency Response Commission (SERC ), and the fire department with jurisdiction over the facility by October 17, 1987, or within three months of first becoming subject to the requirements of EPCR A Section 311.

15. Section 312(a) of EPCRA, 42 U.S.C. § 11022(a), and the implementing regulations found at 40 C.F.R. Part 370, require the owner or operator of a facility that is required to prepare or have available an MSDS for a hazardous chemical under th e OSH Act and regulations promulgated under the OSH Act, to prepare and submit an emergency and hazardous chemical inventory form containing the information required by the regulations at 40 C.F.R. Part 370 to the appropriate LEPC, SERC, and the fire depar tment with jurisdiction over the facility by March 1, 1988 (or March 1 of the first year after the facility first becomes subject to EPCRA Section 312 requirements), and annually thereafter. The inventory form contains “Tier I” or “Tier II” information, p ursuant to Section 312 of EPCRA, 42 U.S.C. § 11022, and 40 C.F.R. Part 370.

16. The facilities at issue in this Agreement are “facilities” as defined in Section 329(4) of EPCRA, 42 U.S.C. § 110 49(4), and 40 C.F.R. § 370.66 , and subject to Sections 311 and 312 of EPCRA and regulations promulgated thereunder.

17. Diesel fuel , lead, and sulfuric acid are “hazardous chemical s ,” as defined in Sections 311(e) and 329(5) of EPCRA, 42 U.S.C. §§ 11021(e), 11049(5), and 40 C.F.R. § 370. 66. Sulfuric acid is also listed, in the a ppendices to 40 C.F.R. Part 355, as an “e xtremely hazardous substance” (EHS ), as defined in 40 C.F.R. § 370.66.

18. As set forth in 40 C.F.R. § 370.10(a)(2), the reporting threshold amount for hazardous chemicals p resent at a facility at any one time during the preceding calendar year is ten thousand (10,000) pounds. Therefore, the reporting threshold s for diesel fuel and lead are ten thousand (10,000) pounds. Pursuant to 40 C.F.R. § 370.10(a)(1), the reporting th reshold for EHSs present at a facility is five hundred (500) pounds or th e threshold planning quantity (TPQ ) as defined in 40 C.F.R Part 355, whichever is lower. The TPQ for sulfuric acid is one thousand pounds (1,000). The reporting threshold for sulfur ic acid, therefore, is five hundred (500) pounds.

19. For purposes of this Agreement, complainant hereby states and alleges that, based on the information supplied to EPA by the Respondent, for varying lengths of time between 2007 through 2011, Respondent vio lated the following requirements:

a. Section 311(a) of EPCRA, 42 U.S.C. § 11021(a), and the regulations found at 40 C.F.R. Part 370, by failing to submit an MSDS for a hazardous chemical(s) and extremely hazardous chemical(s) for 48 facilities, to the LEPC, SERC, and/or the fire department with jurisdiction over these facilities, as identified in Attachment A; and

### 5 b. Section 312(a) of EPCRA, 42 U.S.C. § 11022(a), and the regulations found at 40 C. F.R. Part 370

, at 48 facilities, by failing to prepare and submit emergency and chemical inventory forms to the LEPC, the SERC and/or the fire department with jurisdiction over each facility for Reporting Years 200 6 through 20 1 0 , as identified in Attachment A.

CWA: Spill Prevention, Control, and Countermeasure (SPCC) Plan

20. Respondent i s a person within the meaning of Section 311(a)(7) of the CWA, 33 U.S.C. § 1321(a)(7), and 40 C.F.R. § 112.2, and is the owner or operator, as defined by Section 3 11(a)(6) of the CWA, 33 U.S.C. § 1321(a)(6), and 40 C.F.R. § 112.2, of the four (4) facilities described in Attachment A.

21. The regulations at 40 C.F.R. § § 112.3 through 112.7, which implement Section 311(j)(1)(c) of the CWA, 33 U.S.C. § 1321(j)(1)(C), set forth procedures, methods and requirements to prevent the discharge of oil from non

- transportation related facilities into or upon the navigable waters of the United States and adjoining shorelines in such quantities that by regulation have been determine d may be harmful to the public health or welfare or environment of the United States by owners or operators who are engaged in drilling, producing, gathering, storing, processing, refining, transferring, distributing or consuming oil or oil products.

22. O wne rs and operators of onshore and offshore facilities that have discharged or, due to their location, could reasonably be expected to discharge oil in harmful quantities into or upon the navigable waters of the United States or adjoining shorelines, must pre pare and implement a n SPCC Plan as required by 40 C.F.R. § 112.3(a)

.

23. Respondent i s engaged in storing or consuming oil or oil products located at the four (4) facilities described in Attachment A, in quantities such that discharges “may be harmful,” as defined by 40 C.F.R. § 110.3.

24. Respondent’s four (4) facilities described in Attachment A are onshore facilities within the meaning of Section 311(a)(10) of the CWA, 33 U.S.C. § 1321(a)(10), and 40 C.F.R. § 112.2, which, due to their location, could reasonably be expected to discharge oil to a navigable water of the United States (as defined by Section 502(7) of the CWA, 33 U.S.C. § 1362(7), and 40 C.F.R. § 110.1) or its adjoining shoreline that may either (1) violate applicable water quality standards or (2) cause a film or sheen or discoloration of the surface of the water or adjoining shorelines or cause a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines.

### 6

25. Based on the above, an d pursuant to Section 311(j)(1)(C) of the CWA , 33 U.S.C. § 1321(j)(1)(C), and its implementing regulations, Respondent i s subject to the requirements of 40 C.F.R. § § 112.3 through 112.7

, at the four (4) fa cilities listed in Attachment A

.

26. Complainant hereby states and alleges that, based on the information supplied to EPA by the Respondent , Respondent violated the CWA at four facilities identified in Attachment A by failing to prepare and implement a n SPCC Plan

, as required by Section 311( j)(1)(C) of the CWA , 33 U.S.C. § 1321(j)(1)(C), and the regulations found at 40 C.F.R. § § 112.3 through 112.7.

V. Civil Penalty

27. EPA agrees, based upon the facts and information submitted by Respondent and upon Respondent’s certification herein to the veracity of this information, that Respondent has satisfied all of the conditions set forth in the Audit Policy and thereby qualifies for a 100% reduction of the gravity component of the civil penalty that otherwise would apply for the 48 facilities listed in Attachment A. Complainant alleges that the gravity component of the unmitigated civil penalty for violations described in Attachment A ordinarily would have been $1,195,800

. Of that potential penalty, $915,800 is attributable to EPCRA violations, and $280,000 is attributable to CWA violations. EPA alleges that this gravity component is potentially assessable against Respondent for these violations. However, p ursuant to the Audit Policy, EPA will waive 100% of the gravity

based penalties assessed for violations at the 48 facilities listed in Attachment A.

28. Under the Audit Policy, EPA has discretion to assess a penalty equivalent to the economic benefit Respondent gained as a result of its noncompliance. Based on information provided by Respondent an d use of the Economic Benefit (BEN) computer model, EPA has determined that Respondent obtained an economic benefit of $ 19,024 as a result of its noncompliance in this matter for all the facilities listed in Attachment A. Of this amount, $ 14,088 is attrib utable to EPCRA violations, and $ 4,936 is attributable to CWA violations. Pursuant to the Audit Policy, EPA will assess a penalty equivalent to the economic benefit for violations listed in A ttachment A.

VI. Terms of Settlement

29. Respondent agrees to pay a civil penalty in the total sum of NINETEEN THOUSAND, AND TWENTY

- FOUR dollars ($ 19 , 024 .00) , in the manner set forth in the following paragraphs, for the violations alleged herein within thirty (30) calendar days of issuance of the Final Order (i.e., the effective date of this Consent Agreement and attached Final Order) by th e Environmental Appeals Board (EAB ). See 40 C.F.R. § 22.31(c).

### 7

30. For paym ent of the civil penalty related to the EPCRA violations, Respondent shall pay the amoun t of FOURTEEN THOUSAND, AND EIGHTY

- EIGHT dollars ($14,088.00) using one of the following instructions:

a. Via U.S Postal Service regular mail of a certified or cashier’s check, made payable to the “United States Treasury,” sent to the following address:

United States Environmental Protection Agency Fines and Penalties Cincinnati Finance Center Post Office Box 979077 St. Louis, MO 63197

- 9000

b. Via overnight delivery of a certified or cashier’s check, made payable to the “United States Treasury,” sent to the following address :
United States Environmental Protection Agency Fines and Penalties U.S. Bank 1005 Convention Plaza Mail Station SL

- MO

- C2

- GL St. Louis, MO 63101

The U.S. Bank customer service contact for both regular mail and overnight delivery is Natalie Pearson, who may be reached at 314

- 418

- 4087.

c. Via electronic funds transfer (EFT) to the following account:

Federal Reserve Bank of New York Account Number: 68010727 ABA Number: 021030004 SWIFT address = FRNYUS33 33 Liberty Street New York, NY 10045

Field Tag 4200 of the Fedwire message should read “D 68010727 Environmental Protection Agency

- AboveNet Communications, Inc, Docket No. EPCRA

- HQ

2012

- 8000.”

The Federal Reserve customer service contact may be reached at 212

- 720

- 5000.

### 8 d. Via automatic clearinghouse (ACH), also known as Remittance Express (REX), to the following account:

US Treasury/Cashlink ACH Receiver ABA No. 05136706 Acco unt 31006, Environmental Protection Agency CTX Format Transaction Code 22

– checking 5700 Rivertech Court Riverdale, MD 20737

The Finance Center customer service contact, Jesse White, may be reached at 301

- 887

- 6548.

e. Via on

- line payment (from bank account, credit card, debit card):

Website: www.pay.gov Enter “SFO 1.1” in the search field. Open the form and complete the required fields (marked with an asterisk). Under “Type of Payment,” choose “Civil Penalty.” Under “Invoice#” type “AboveNet Communications, Inc., Docket No. HQ

- 2012

- 8000” into the Court # or Bill #” subfield. Leave the other subfields blank. Under “Installments?” choose “No.” Under “Region,” type “HQ.”

Payment by check or wire transfer shall have a notation of “In the Matter of AboveNet Communications, Inc., Docket No. EPCRA

- HQ

- 2012

- 8000.”

31. For payment of the civil penalty related to the CWA SPCC violations, Respondent shall, within thirty (30) days of the filing of the Final Order, forward a cashier’s or certified check, in the amount of FOUR THOUSAND, NIN E HUNDRED AND THIRTY

- SIX dollar s ($4,936.00) made payable to the “Environmental Protection Agency,” and bearing the notation “OSLTF

- 311” to:

United States Environmental Protection Agency Fines and Penalties Cincinnati Finance Center Post Office Box 979077 St. Louis, MO 63197

- 9000

The check shall indicate that it is for “ In the Matter of AboveNet Communications, Inc., Docket No. CWA

- HQ

- 20 12

- 800 0.”

### 9

Alternatively, R espondent shall pay FOUR THOUSAND, NINE HUNDRED AND THIRTY

- SIX dollar s ($4,936.00) via wire transfer with a notation of “ In the Matter of AboveNet Communications, Inc , Docket No. CWA

- HQ

- 2012

- 8000” to the Federal Reserve Bank of New York using the following instructions:

Federal Reserve Bank of New York ABA Number: 021030004 Account Number: 68010727 SWIFT address: FRNYUS33 33 Liberty Street New York, NY 10045

Field Tag 4200 of the wire transfer shall read “D 68010727 Environmental Protection Agency.”

32. Respondent shall forward evidence of the checks, wire transfers, and/or internet

- based payments to EPA, within five (5) days of payment, to the attention of:

Sanda Howland Special Litigation and Projects Division (2248

- A) Office of Enforcement and Compliance As surance U.S. Environmental Protection Agency 1200 Pennsylvania Ave, N.W. Ariel Rios Building, Room 3119C Washington, DC 20460; and

Clerk, Environmental A ppeals Board U.S. Environmental P rotection Agency MC 1 103 B Ariel Rios Building 1200 Pennsy lvania A venue , N

. W. Washington

, DC 20460

33. Respondent’s obligations under this Agreement shall end when it has paid the civil penalties is accordance with this Section of this Agreement.

34. Pursuant to 31 U.S.C. § 3717, EPA is entitled to assess interest and penalties on debts owed to the United States and a charge to cover the cost of processing and handling a delinquent claim. Interest will therefore begin to accrue on the civil penalty from the date of entry of the Final Order, if the penalty is not paid b y the date required. Interest will be assessed at the rate of the United States Treasury tax and loan rate in accordance with 40 C.F.R. § 13.11. A charge will be assessed to cover the costs of debt collection, including processing and handling costs and attorney fees. In addition, a penalty charge of twelve percent (12%) per year compounded annually will be assessed on any portion of the debt that remains delinquent more than ninety (90) days after payment is due.

### 10

35. For the purposes of state and federal income taxation, Respondent shall not be entitled, and agrees not to attempt, to claim a deduction for any civil penalty payment made pursuant to the Final Order. Any attempt by Respondent to deduct any such payments shall constitute a violation of the Ag reement.

36. As part of this Agreement, and in satisfaction of the requirements of the Audit Policy, Respondent has certified to certain facts, as delineated in Section III, Paragraph 12 of this Agreement. The parties agree that, should EPA receive informati on that proves or demonstrates that these facts are other than as certified by Respondent, the portion of this Agreement pertaining to the affected facility or facilities, including mitigation of the proposed penalty, may be voided or this entire agreement may be declared null and void at Complainant’s election, and EPA may proceed with an enforcement action.

37. The parties agree that Respondent preserves all of its rights should this Agreement be voided in whole or in part. The parties further agree that Respondent’s obligations, agreements and waivers under this Agreement will cease, and be null and void with n o effect, should this Agreement be rejected by the EAB.

VI I

. State and Public Notice

38. The parties acknowledge that the settlement portions of this Agreement which pertain to the CWA violations are, pursuant to Section 311(b)(6)(C)(i) of the CWA, 33 U.S. C. § 1321(b)(6)(C)(i), subject to public notice and comment requirements. Furthermore, the parties acknowledge and agree that EPA will also provide public notice of the EPCRA portions of this Agreeme nt. Should EPA receive comments regarding the is suance of the proposed Final Order assessing the civil penalty agreed to in Section V I
, Paragraph 29

, EPA shall forward such comments to Respondent within ten (10) days of the receipt of the public comments

.

VI II

. Reservation of Rights and Settlement

39. Thi s Agreement and the Final Order, when issued by the EAB, and upon payment by Respondent of civil penalties in accordance with Section VI shall resolve only the civil and administrative claims specified in Section IV, and found in Attachment A. Nothing in this Agreement and the Final Order shall be construed to limit the authority of EPA and/or the United States to undertake any action against Respondent, in response to any condition which EPA or the United States determines may present an imminent and subs tantial endangerment to the public health, welfare, or the environment. Furthermore, issuance of the Final Order does not constitute a waiver by EPA and/or the United States of its right to bring an enforcement action, either civil or criminal, against Re spondent for any other violation of any federal or state statute, regulation or permit.

### IX. Other Matters

40. Each party shall bear its own costs and attorney fees in this matter

.

41

. The provisions of this Agreement and the Final Order, when issued by the EAB

, shall apply to and be binding on the Complainant, and Respondent, as well as R e spondent's officers, agents, successors and ass i gns. Any change in o wnersh i p or corporate status of Respondent including, but not limited to, any transfer of asset s or real or personal property shall not alter Respondent's responsibilities under this Agreement, including the obligation to pay the ci v il penalty referred t o in Section VI.

42. Nothing in this Agreement shall relieve Respondent o f the duty to comply with all applicable provisions of the CW A and E PC RA

, or other federal state or local laws or statutes , nor shall it restrict EPA's authority to seek compliance with any applicab l e laws

, nor shall it be construed to be a ruling on , or a determination of

, any issue related to an y federal

, state or local permit.

The undersigned representatives of each party to this Agreement certify that each is duly authorized by the party whom he represents to enter into these terms and bind that party to it.

FOR Respondent:

AboveNet Communications

, Inc.

/(-**Z£>~12-..** 

### Date

# ::::__**--=====~ --** **·** (0 

# 6 1

'P 1 

# 2--- sernadette Rappold Da e Director Special Litigation and Projects Division Office of Civ il Enforcement U.S. Environmental Protection Agency

II

### 12 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY BEFORE THE ENVIRONMENTAL APPEALS BOARD

IN THE MATTER OF ) ) AboveNet Communications, Inc. ) Docket No. EPCRA

- HQ

- 2012

- 8000 360 Hamilton Avenue ) CWA

- HQ

- 2012

- 8000 White Plains, NY 10601 ) ) Respondent )

FINAL ORDER

Whereas Complainant and Respondent have consented to the entry of this Final Order, and agree to comply with the Consent Agreement signed by the parties and incorporated herein; and

Whereas EPA caused a Notice for Public Comment on the proposed issuance of this Final Order to be published as required by Section 311(b)(6) of the Clean Water Act, 33 U.S.C. § 1321(b)(6), the public notice and commen t period required has closed, and no comments have been received;

Pursuant to 40 C.F.R. § 22.18(c) of EPA’s Consolidated Rules of Practice, the attached Consent Agreement resolving this matter is incorporated by reference into this Final Order and is he reby ratified.

The Respondent is hereby ordered to comply with all terms of the Consent Agreement, effective immediately.

SO ORDERED.

______________________________ Date: Judge, Environmental Appeals BoardA'ITACHMENT A

Ta ble 1 -Vio l ation-Specific Informati o n Ex ample

Fac ilit y Addr ess includin g D esc ripti on F ed. S tat. Fed. Reg. State R eg. Date Non- Dat e o r Pollutant{ s ) Quantity of Na m e Zip co de of Violat i o n Cite C ite Cite an d compliance R e turn t o Inv o l ved Pollutant( s) (AboveNet (C FR ) permit n o. D egan Co mplian ce {storage Building { If capac it y o f ail Code) a pp li cable) oil tanks) {i n p o und s

unless
spec ified )

D C-2 1M 2100 M St r eet, N.W

. , S uite PliO Lack of 33 

### u sc 40 CF R NI A July 2006 October Diesel F uel 5,05 0 gal Washin2ton D .C. 20037 S P CC Plan §1321(1) §112 or e arlier 2011 IL -52 R 5201 R ose St r ee t 1 ,3 50 gal Chicaf( o, JL 60656 SAME SAME S AME N/ A SA M E S AME SAME
MA -S UM I S um mer S tr eet 1

, 560gal B oston,MA 02 11 0 SA ME S AME SAME N/A SAME SAME SA ME
PA-401 401 N. B roa d S treet, 2,37 5 gal Suites 240 & 323 SAME SA M E SA ME N / A SA ME SA ME SAME Philadelphia I' A

. 1 9108 C A-53W 530 West 6'" S tre e t ( 1) Fa il ure (I ) 42 {I} 40 Los Angel es, C A 90014 t o s ubmit 

### usc CF R E P C RA § 1102 2 §370

. 25 N/A Octobe r Se pt e mber S ulfuri c A c id 1 ,286 Inventory 2009 20 11

reports {2) 4 2 (2 )40 

### usc CFR { 2

) Failure §11021 §370.2 1
to s ubmit

MSDS CT-3SC 3 Shaws Cove July 2006 Se pt e mb e r Lead 16

, 643 New London C T 06320 SA ME S AME SA M E N / A o r earlier 2011 Sul furi c A c id 2 484 CT-57C 57 Grove S tr eet L ea d 16

, 643 New H aven, CT 065 11 SA lliE SAM£ SA ME N / A SAME SA M E Sulf ur ic A ci d 2,484 D C- 21 M 2100 M Stree t , N.W., Su ite PliO Lea d 54,707 Washington

, D .C. 20037 SA M E SAME SAME N / A SA. \I E SA ME Sulfuric Ac i d 8, 892 Di ese l 35 754 DC-28L 182 8 L S tr ee t , N .W. Sul fur ic Acid 1,759 Washington

, D .C. 20036 SA ME SAME SA Mt : N /A SA :\1[ SA Mt :

GA-56M 56 Ma ri e tta S tr ee t Sulf uri c A c id 1

, 013 Atlanta

, GA 303 0 3 SA lliE S AM E S AME N / A SA ME SA M EFacility Address including Descr i ption Fed. Sta t.**F~d .**  Reg. Sta t e Reg

. D ate NonD ate of P o llutant (s) Quantity o f Nam e Zip code of Viola t ion C ite**Cit~** Cite and compliance Return to I nvolved P ollutant(s) (AboveNet ( C FR ) permit no

. Began Compliance (storage Buildin g (If capacity ofall Code) applicable ) oil tanks) (in pounds

unle ss speci fied)

IL-52R 5201 Rose Stree t Lead 39,943 C h lcaeo, IL 60656 SA M E SAME SAME N I A SAME SAME Su lfuri c Acid 5 962 IL

- 700 700 South Federal St r eet Lead 15,831 C hi caeo IL 60605 SAME SAME S AME N/A SAME SAME Su lfuric Acid 3 957 IL

- 810 810 Joric Bo ulevard Su lfu ric Acid 1 ,3 19 C hi caeo, IL 60523 SAME SAME SAM E N/A SAME S AME
MA -230 230 Congress Stree t S ulfuric Acid 1,319 Boston MA 02110 SAME SA ME S AME N/A SAME SAME
J MA

- 70W 701 Waverly Street Lead 1 3,314 Framineham MA 01702 SA ME SA ME SAME N I A SAME SAME Su lru ric Acid 1 987 MA-SUM 1 Summer Street Lead 54,613 Boston
, MA 02110 SAME S AMt: SAME N I A SAME SAME Sulfuric Acid 8,958 Diesel 11045 MD

- 111 Ill Ma r ket Place Sulfuric Acid 2

, 198 Baltimore, MD 21202 SAME SAME S AME NIA SAME SAME
MD-HOI & 2085 Nottingham Road Lead 10 ,554 MD

· H0 6 E l kton MD 2 1 921 SAME S AME SA ME N / A SAME SAME S ulfuric Acid 2,638 MD-H02 1303 Warner St r eet Lead 10,175 &MD-H07 Baltimore, MD 2 1230 S AM E S AM F. SA ME NI A SAME**SA~fE** S ulfuri c Acid I 873NJ1 37 1379 Route 539 Sul furic Acid 1,39 7 Little E22 Harb or, NJ 08087 SA ME SAME SA ME NIA SAME SAME
NJ1 65 165 Halsey Street Lead 1 3

, 572 Newa rk, NJ07 102 S AM E SA M E S AM E NIA SAME SAME S ulfuric Acid 2,026 NJ-20N 214 North Center Drive S ulfuric Acid 931 Brunswick NJ 08902 SA M E SA M E SA ME N / A SAME SAME
NJ-2 LP 224 1 Landmark Place Su lfuri c Acid 1 ,397 Manasquan, NJ 08737 SAME SA ME SA ME N / A SAM E SAME

NJ

- 744 744 B r oad Street, Suites 501 -502 SAME SA ME SAME N/A SAME SAME S ulfuri c Acid 1 ,758 Newark, N J 07102 NJ -E TP I Evertrust Plaza April September S ulfuric Acid 922 Jersey City, NJ 07302 SAM£ S AME S AM£ N/A 2010 20 11Faci lit y Address i nc l uding Description Fed. Stat. Fed. Reg. S tate Reg. Name Zip code o f Violation Cite C ite C it e and (AboveNet (CFR) permit no. Building (If C ode ) appl ica ble )

NJ

- HOI Conrail MP IJ + I 7 1 0 SAME SAM E SA ME N / A Newa rk NJ 07114 NJ

- H02 Conrail MP 42 + 2156 Hopewell NJ 08525 SAME SAM!> S AME NIA
NJ

- HlO 800 Main Street Woodbridee, NJ 07095 SAME SAME S AM E N/ A
NJ

- H1 2 10 8 Titus Mill Road Hopewell Township, NJ 08534 SAME SAME S AME N / A
NJ

- HI 3 ACE MP39 Sickle rville ,NJ 08081 SAME SAME SAME N/A
NY

- III Ill 

### s•• A venue New Yo r k, NY 10011 SAM E SAME S AME N/ A NY

- Il S 1101 S tewart Avenue Garden C it y, NY 11530 SAME SAME S AM E N / A
NY

- 60H 60 Hudson Street New York NY 10013 SAME SAME SAME N/A
N Y

- 758 75 Broad St r eet New York, NY 10004 S AM E S. UtE SA ME N/ A
NY-9 5 C 95 C hurch Street White P lains NY 10601 SAME SAJ\IE SAME N / A
NY

- ES7 150 Eas t 57'" Street New Yo rk, NY 10022 SAME S AME S AME NI A
PA-401 401 N. Broad Street Suites 240 & 323 SAM E S A

. IIIE S AME N / A Philadelphia PA 1 9108

PA-HOI 301 S outh 23 ' • Street SAME SAME S Mtt ; N / A Philadelphia

, P A 19103 PA

- H 06 W oo dbourne Road**Lan2horm~,PA** 1904 7 S AME SA M E S AME N / A
Rl

- 304 304 C a rpenter S tr eet Providence Rl 02909 SAME S

, \Mt: S AME NIA Date Non- Date of complia nce Return to

Began C ompliance

July 2006 September

or earlier 2011

S AME S AME

S AME S AME

SA M£ S Al\ IE

S AME SAME

S AME S AME

S AME SAJ\1£

S AME S AME
October S eptember

2008 20 11 July2006 S eptember

or earlier 2011 October Septe mber

2008 2011 Jul y 2006 Se ptembe r

o r earlier 2011

S AME S AME

SA ME SAME

S AME S AME Pollutant(s ) Involved

Sulruric Acid

S ulfuric Acid

Su lruric Acid

Su lfuri c Acid

S u l£uric Acid

Lead S ulfuric Acid Sul furi c Acid

Lead S ulfuric Acid S ulfuric Acid

S ulfuric Acid

Su l furic Acid

Lead S u l furic A c id Diesel

S ulfuric Acid

S ulfuric A c id

Lead S ulfuric Acid Quantity or Pollutant(s)

(storage capacit y o f all oil tanks ) (in po un ds

unle ss specified)

879

879

1,759

1,490

1

, 397

50,876 9

, 36 5 87 9

10,554 2,638 840

1

, 759

840

67
, 458 12

, 150 16,815

1,319

1

, 490

23,300 3 478 

# I

____ __ _ ]Facility Address i ncluding Description Fed. Stat. Fed. Reg. State Reg. Date No n- Date of Pollutant(s) Quantity of Name Zip code of Violation Ci t e Cite Cite and compliance Return to Involv ed Pollutant(s) (AboveNet (CFR) permit no. Began Compliance (storage Building (If capacity of all Co de) applicable) oil tanks) (In pounds

unless specified)

RI-HOI NW K Factory Road & SAME S:\ME SAME N /A SAMt SAME Sulfuric Acid 879 Shumanka n uc Charlestown Rl 02813 TX-136 13645 Omega Road Lead 10,870 Farmers Branch TX 75244 SAME SAM E SAME N/A SAME SAME Su lf uric Acid 1 622 TX-13F 1301 Fa nnin Street Lead 20,357 Houston, TX 77002 SAME SAME SAME N / A SAME SAME Sulfuric Acid 3038 TX-19S 1950 N

. Stemmons Freeway Lead 46,600 Dallas

, TX 75207 SAM£ SAME S

. UIE N/A SAME SAME Sul furic Acid 6,955 TX-22G 2233 East Grauwyler Road S u l furic Acid 994 Irv i ng, TX 75061 S AMt SAME SAME N / A SAME SAME

TX-238 2323 Bryan Street Lead 10,554 Dallas, TX 75201 SAME SAME SAME N/A SAM£ S AME Sulfuric Acid 2,638 TX-30 7 307 W. 7"' Street Lead 47,538 For t Wort h

, T X 76102 SAM£ SAME SAME N / A SA ME SAME S ulfuri c Acid 7 799 TX-50V 501 Valley View Lead 18,717 Irving, TX 75061 SAME SAME SAME N / A SAM£ SAME Sulfuric Acid 2,794 TX

- 66R 6630 Roxburgb Drive Sulfuric Acid 994 Houston TX 77041 SAME SAM£ SAME N!A SAME S AME
VA-14N 14120 Newbrook Dr i ve October Se ptember Lead 12,693 Chan t illy, VA 20151 SAME SAME SA ME N/A 2006 2011 Su l furic Acid 2,137 VA-83G 8300 Greensboro Drive July 2006 September Su l furic Acid 879 McLean, VA 22102 SAM£ SAME S AM£ N / A or ea r lier 2011 WA-WES 2001 6'" Avenue Lead 23,300 Seattle, WA 98121 SAME SAME S AMt: N / A SAME SAME Sulfuric Acid 3

, 478