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 Countermeasure Plan requirements under

Section 311(j) of the Clean Water Act (CWA), 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 Consolidated 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 has the jurisdiction to bring an administrative 

action, based upon the facts which Respondent disclosed, for these violations and for the 

assessment of civil penalties pursuant to Section 311(b)(6) of the CWA, 33 U.S.C. 

§ 1321(b)(6), and Section 325 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 Agreement. 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 over 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. The violations were discovered through an audit or through a compliance 

management system reflecting due diligence;

b. The violations were discovered voluntarily;

c. The violations were promptly disclosed to EPA in writing;
3

d. The violations were disclosed prior to commencement of an agency inspection 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. The 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. Appropriate steps have been taken to prevent a recurrence of the violations;

g. The 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 

Paragraphs 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 administrative 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. The 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 cooperated as requested by EPA.

IV. Conclusions of Law

EPCRA

13. Respondent is a “person” as defined by Section 329(7) of EPCRA, 42 U.S.C. § 11049(7), 

and is 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 material safety data sheet (MSDS) 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 appropriate Local Emergency 

Planning 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 EPCRA 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 the 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 department 

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, pursuant 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. § 11049(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 chemicals,” 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 appendices to 40 C.F.R. Part 355, as an “extremely 

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 present at a facility at any one time during the preceding calendar year is ten 

thousand (10,000) pounds. Therefore, the reporting thresholds for diesel fuel and lead are

ten thousand (10,000) pounds. Pursuant to 40 C.F.R. § 370.10(a)(1), the reporting 

threshold for EHSs present at a facility is five hundred (500) pounds or the 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 sulfuric 

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 violated 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 2006 through 2010, as 

identified in Attachment A.

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

20. Respondent is 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 

311(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 determined 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. Owners 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 prepare and 

implement an SPCC Plan as required by 40 C.F.R. § 112.3(a).

23. Respondent is 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, and pursuant to Section 311(j)(1)(C) of the CWA, 33 U.S.C. 

§ 1321(j)(1)(C), and its implementing regulations, Respondent is subject to the 

requirements of 40 C.F.R. §§ 112.3 through 112.7, at the four (4) facilities 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 an 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, pursuant to the Audit Policy, EPA will waive 100% of the gravitybased 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 and 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 attributable 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 Attachment 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 the Environmental Appeals Board (EAB). See 40 C.F.R. § 22.31(c).
7

30. For payment of the civil penalty related to the EPCRA violations, Respondent shall pay 

the amount 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-HQ2012-8000.”

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

Account 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, NINE HUNDRED AND THIRTY-SIX 

dollars ($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-2012-8000.”
9

Alternatively, Respondent shall pay FOUR THOUSAND, NINE HUNDRED AND 

THIRTY-SIX dollars ($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 Assurance 

U.S. Environmental Protection Agency

1200 Pennsylvania Ave, N.W.

Ariel Rios Building, Room 3119C

Washington, DC 20460; and

Clerk, Environmental Appeals Board

U.S. Environmental Protection Agency

MC 1103B

Ariel Rios Building

1200 Pennsylvania Avenue, 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 by 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 Agreement.

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 information 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 no 

effect, should this Agreement be rejected by the EAB. 

VII. 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 Agreement. Should EPA receive comments regarding the issuance of the 

proposed Final Order assessing the civil penalty agreed to in Section VI, Paragraph 29,

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

the public comments.

VIII. Reservation of Rights and Settlement

39. This 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 

substantial 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 Respondent 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 Respondent's 

officers, agents, successors and assigns. Any change in ownership or corporate status of 

Respondent including, but not limited to, any transfer of assets or real or personal 

property shall not alter Respondent's responsibilities under this Agreement, including the 

obligation to pay the civil penalty referred to in Section VI. 

42. Nothing in this Agreement shall relieve Respondent of the duty to comply with all 

applicable provisions of the CW A and EPCRA, or other federal state or local laws or 

statutes, nor shall it restrict EPA's authority to seek compliance with any applicable laws, 

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

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 61 'P 1 2---

sernadette Rappold Da e 

Director 

Special Litigation and Projects Division 

Office of Civil 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 comment 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 

hereby ratified.

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

effective immediately.

SO ORDERED.

______________________________

Date: Judge, Environmental Appeals Board

 
A'ITACHMENT A 

Table 1 -Violation-Specific Information Example 

Facility Address including Description Fed. Stat. Fed. Reg. State Reg. Date Non- Date or Pollutant{s) Quantity of 

Name Zip code of Violation Cite Cite Cite and compliance Return to Involved Pollutant(s) 

(AboveNet (CFR) permit no. Degan Compliance {storage 

Building {If capacity of ail 

Code) applicable) oil tanks) 

{in pounds 

unless 

specified) 

DC-21M 2100 M Street, N.W., Suite PliO Lack of 33 usc 40 CFR NIA July 2006 October Diesel Fuel 5,050 gal 

Washin2ton D.C. 20037 SPCC Plan §1321(1) §112 or earlier 2011 

IL-52R 5201 Rose Street 1,350 gal 

Chicaf(o, JL 60656 SAME SAME SAME N/A SAME SAME SAME 

MA-SUM I Summer Street 1,560gal 

Boston,MA 02 110 SAME SAME SAME N/A SAME SAME SAME 

PA-401 401 N. Broad Street, 2,375 gal 

Suites 240 & 323 SAME SAM E SAME N/A SAME SAME SAME 

Philadelphia I' A .19108 

CA-53W 530 West 6'" Street (1) Failure (I) 42 {I} 40 

Los Angeles, CA 90014 to submit usc CFR 

EPCRA §11022 §370.25 N/A October September Sulfuric Acid 1,286 

Inventory 2009 2011 

reports {2) 42 (2)40 

usc CFR 

{2) Failure §11021 §370.21 

to submit 

MSDS 

CT-3SC 3 Shaws Cove July 2006 September Lead 16,643 

New London CT 06320 SAME SAME SAME N/A or earlier 2011 Sulfuric Acid 2 484 

CT-57C 57 Grove Street Lead 16,643 

New Haven, CT 06511 SAlliE SAM£ SAME N/A SAME SAME Sulfuric Acid 2,484 

DC-21M 2100 M Street, N.W., Suite PliO Lead 54,707 

Washington, D.C. 20037 SAME SAME SAME N/A SA.\IE SAME Sulfuric Acid 8,892 

Diesel 35 754 

DC-28L 1828 L Street, N.W. Sulfuric Acid 1,759 

Washington, D.C. 20036 SAME SAME SAMt: N/A SA:\1[ SAMt: 

GA-56M 56 Marietta Street Sulfuric Acid 1,013 

Atlanta, GA 30303 SAlliE SAME SAME N/A SAME SAME 
Facility Address including Descr

iption Fed. Stat. F~d. Reg. Sta

te Reg. Date NonDate of Pollutant(s) Quantity 

of 

Name Zip code of Viola

tion Cite Cit~ Cite and compliance Return to 

Involved 

Pollutant(s) 

(AboveNet 

(CFR) permit no. Began Compliance (storage 

Building (If capacity ofall 

Code) applicable) oil tanks) 

(in pounds 

unless 

specified) 

IL-52R 5201 Rose Street Lead 39,943 Chlcaeo, IL 60656 SAME SAME SAME NIA SAME SAME Sulfuric Acid 5 962 

IL-700 700 South Federal Street Lead 15,831 

Chicaeo IL 60605 SAME SAME 

SAME N/A SAME SAME Sulfuric Acid 3 957 

IL-810 810 Joric Boulevard Sulfuric Acid 

1,319 

Chicaeo, IL 60523 SAME SAME SAME N/A SAME 

SAME 

MA-230 230 Congress Street 

Sulfuric Acid 1,319 

Boston MA 02110 SAME SAME 

SAME N/A SAME SAME J 

MA-70W 701 Waverly Street Lead 

13,314 

Framineham MA 01702 SAME SAME SAME 

NIA SAME SAME Su lru ric Acid 1 987 

MA-SUM 1 Summer Street Lead 54,613 

Boston, MA 02110 SAME 

SAMt: SAME NIA SAME SAME Sulfuric Acid 8,958 

Diesel 11045 

MD-111 Ill Ma

rket Place Sulfuric Acid 2,198 

Baltimore, MD 21202 SAME SAME 

SAME NIA SAME SAME 

MD-HOI & 2085 Nottingham Road Lead 10,554 

MD·H06 

Elkton MD 21921 SAME 

SAME SAME N/A SAME SAME 

Sulfuric Acid 2,638 

MD-H02 1303 Warner St

reet Lead 10,175 

&MD-H07 Baltimore, MD 

21230 

SAM E SAM F. SAME NIA SAME SA~fE 

Sulfuric Acid I 873 

NJ137 1379 Route 539 Sulfuric Acid 1,397 

Little E22 Harbor, NJ 08087 SAME SAME SAME NIA SAME SAME 

NJ165 165 Halsey Street Lead 13,572 

Newark, NJ07102 

SAM E SAME SAM E NIA SAME SAME 

Sulfuric Acid 2,026 

NJ-20N 214 North Center Drive 

Sulfuric Acid 931 

Brunswick NJ 08902 SA

ME SAME SAME 

N/A SAME SAME 

NJ-2LP 2241 Landmark Place Sulfuric Acid 

1,397 

Manasquan, NJ 08737 SAME SAME SAME 

N/A SAME SAME 

NJ-744 744 Broad Street, Suites 501-502 SAME SAME SAME N/A SAME SAME Sulfuric Acid 1,758 

Newark, NJ 07102 

NJ-ETP I Evertrust Plaza April September 

Sulfuric Acid 922 

Jersey City, NJ 07302 SAM£ 

SAME SAM£ N/A 2010 2011 
Facility Address 

including Description Fed. Stat. Fed. Reg. 

State Reg. 

Name Zip code 

of Violation Cite 

Cite 

Cite and 

(AboveNet (CFR) permit no. 

Building (If Code) applicable) 

NJ-HOI Conrail MP IJ

+I710 SAME SAME SAME 

N/A 

Newa rk NJ 07114 

NJ-H02 Conrail MP 42

+2156 

Hopewell NJ 08525 SAME SAM!> 

SAME NIA 

NJ-HlO 800 Main Street 

Woodbridee, NJ 07095 SAME SAME 

SAME N/A 

NJ-H12 108 Titus Mill Road 

Hopewell Township, NJ 08534 SAME SAME 

SAME N/A 

NJ-HI3 ACE MP39 

Sicklerville,NJ 08081 SAME SAME SAME N/A 

NY-III Ill s•• A venue 

New Yo

rk, NY 10011 SAME SAME 

SAME N/A 

NY-IlS 1101 Stewart Avenue 

Garden City, NY 11530 SAME SAME 

SAME N/A 

NY-60H 60 Hudson Street 

New York NY 10013 SAME SAME SAME N/A 

NY-758 75 Broad Street 

New York, NY 10004 

SAME S.UtE SAME N/A 

NY-95C 95 Church Street 

White Plains NY 10601 SAME SAJ\IE SAME 

N/A 

NY-ES7 150 East 57'" Street 

New York, NY 10022 SAME 

SAME SAME NIA 

PA-401 401 N. Broad Street 

Suites 240 & 323 SAME 

SA.IIIE 

SAME N/A 

Philadelphia PA 19108 

PA-HOI 301 South 23'• Street SAME SAME 

SMtt; N/A 

Philadelphia, PA 19103 

PA-H06 

Woodbourne Road 

Lan2horm~,PA 19047 

SAME SA

ME SAME 

N/A 

Rl-304 304 Ca rpenter Street 

Providence Rl 02909 SAME 

S,\Mt: 

SAME NIA 

Date Non- Date of 

compliance Return to 

Began 

Compliance 

July 2006 September 

or earlier 2011 SAME SAME SAME SAME 

SAM£ SAl\ IE 

SAME SAME SAME SAME SAME SAJ\1£ SAME SAME 

October 

September 

2008 2011 

July2006 September 

or earlier 2011 

October September 

2008 2011 

July 2006 September 

or earlier 2011 SAME SAME 

SAME SAME SAME SAME 

Pollutant(s) 

Involved 

Sulruric Acid Sulfuric Acid 

Sulruric Acid 

Sulfuric Acid Sul£uric Acid 

Lead 

Sulfuric Acid 

Sulfuric Acid 

Lead 

Sulfuric Acid Sulfuric Acid Sulfuric Acid 

Sulfuric Acid 

Lead 

Sulfuric 

Acid 

Diesel 

Sulfuric Acid Sulfuric Acid 

Lead 

Sulfuric Acid 

Quantity or 

Pollutant(s) 

(storage 

capacity of all 

oil tanks) 

(in pounds 

unless 

specified) 

879 

879 

1,759 

1,490 1,397 

50,876 9,365 

879 

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 

including Description Fed. Stat. Fed. Reg. State Reg. Date Non- Date of Pollutant(s) Quantity of 

Name Zip code of Violation Ci

te Cite Cite and compliance Return to Involved Pollutant(s) 

(AboveNet (CFR) permit no. Began Compliance (storage 

Building (If capacity of all 

Code) applicable) oil tanks) 

(In pounds 

unless 

specified) 

RI-HOI NW K Factory Road & SAME S:\ME SAME 

N/A SAMt SAME Sulfuric Acid 879 

Shumankanuc 

Charlestown Rl 02813 

TX-136 13645 Omega Road Lead 10,870 

Farmers Branch TX 75244 SAME SAME SAME N/A SAME SAME Sulfuric Acid 1 622 

TX-13F 1301 Fannin 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 Sulfuric Acid 6,955 

TX-22G 2233 East Grauwyler Road 

Sulfuric Acid 994 

Irving, TX 75061 

SAMt SAME SAME 

N/A SAME SAME 

TX-238 2323 Bryan Street Lead 10,554 

Dallas, TX 75201 SAME SAME SAME N/A SAM£ 

SAME Sulfuric Acid 2,638 

TX-307 307 W. 7"' Street Lead 47,538 

Fort Worth, TX 76102 SAM£ SAME SAME 

N/A SAME SAME 

Sulfuric 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 

SAME 

VA-14N 14120 Newbrook Drive October September Lead 12,693 

Chantilly, VA 20151 SAME SAME SAME N/A 2006 2011 Sulfuric Acid 2,137 

VA-83G 8300 Greensboro Drive July 2006 September Su

lfuric Acid 879 

McLean, VA 22102 SAM£ SAME 

SAM£ N/A or ea

rlier 2011 

WA-WES 2001 6'" Avenue Lead 23,300 

Seattle, WA 98121 SAME SAME 

SAMt: 

N/A SAME SAME Sulfuric Acid 

3,478