UNITED STATES 

ENVIRONMENTAL PROTECTION AGENCY 

BEFORE THE ENVIRONMENTAL APPEALS BOARD 

JNTHE MATTER OF 

NEXTLINK Communications,Inc., et al. 

1505Farm Credit Drive 

McLean, Virginia 22102 

Respondent 

1 Docket No. MM-HQ-2000-0004 

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CONSENT AGREEMENT 

I. Preliminary Statement 

A. Complainant,the United States EnvironmentalProtection Agency (“EPA”) and the . 

Respondent,NEXTLINK Communications, Inc. and its subsidiarieslisted in Attachment A, 

hereby incorporated by reference, (collectively referred to as “Respondent”), having consented to 

the terms of ths 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. 

B. In August 1999,pursuant to EPA’s Policy on Incentives for Self-Policing(“Audit Policy”), 

60 Fed. Reg. 66,707 (December 22, 1995), Respondent submitted its initial voluntary disclosure 

to EPA regarding potential violations of: 

1. Emergency Planning and Community Right-to-Know Act (“EPCRA”’) $8302-303, 

42 U.S.C. $011002-11003; 

2. EPCRA $311,42 U.S.C. $11021; 

3. EPCRA $312,42 U.S.C. $11022; 

4. Clean Water Act (“CWA”) $31l(j)(l)(C); 

5. Resource Conservation and Recovery Act (“RCRA”) $9003,42 U.S.C. $6991b. 

C. Respondent continued to submit additional and periodic disclosures, for the above statutes, 

as well as violations of the Clean Air Act (“CAA”) $110,42 U.S.C. $7410, and the requirements 

adopted as part of the State Implementation Plan. Such disclosureshave resulted in a final list of 

disclosed violations found in Attachment B, hereby incorporated by reference, which are the 

subject of ths Agreement. 

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11.Jurisdiction 

A . 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, 40 C.F.R. Part 22, as amended on July 23, 

1999 (64 Fed. Reg. 40,176), and more specifically by 40 C.F.R. $22.18(b). 

B. 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 EPCRA $325,42 U.S.C. $11045, CWA $311,33 U.S.C. $1321, CAA 

$113,42 U.S.C. $7413, and RCRA $9006,42 U.S.C. 96991e. 

C. 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 appeal the proposed Final Order 

accompanying this Agreement. 

D. For purposes of this proceeding, Respondent admits that EPA has jurisdiction over the 

subject matter which is the basis of this Agreement. 

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

F. This Agreement serves as the Notice of Violation required by $ 113 (a)(1) of the CAA, 

42 U.S.C. $7413(a)(l). Complainant will also notify the appropriate States by providing a copy 

of this Agreement, in accordance with CAA $ 113(a)(1). 

G. Respondent has been afforded the opportunity to confer with EPA as provided for by 

$113(a)(4) ofthe CAA, 42 U.S.C. $7413 (a)(4). 

111. Statements of Fact 

A. Respondent, NEXTLINK Communications, Inc., and its subsidiaries listed in Attachment 

A are telecommunications companies. Attachment A lists each Respondent’s address and State 

of Incorporation. 

B. Pursuant to the EPA’s Audit Policy, Respondent hereby certifies and warrants as true the 

facts referenced in this Section, and EPA accepts Respondent’s certification. With respect to 

CAA $110,42 U.S.C. $7410, and the requirement adopted as part of the SIP for the District of 

Columbia, specifically, Title 20, Chapter 2, Section 200, Respondent has certified that it has 

applied for such permit, and is awaiting final determination on such application. EPA believes 

that, for purposes of this Agreement, Respondent has taken all necessary steps to obtain such 

permit, and upon approval by the District of Columbia, will be in compliance with such SIP 

requirement. As such, Respondent specifically certifies to the following facts upon which this 

Agreement is based: 

1. the violations were discovered through an audit or through a systematic process 

reflecting due diligence; 

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2.'the violations were discovered voluntarily; 

3. the initial violations were disclosed to EPA within 10 days of discovery, and in 

writing; subsequent written disclosures were also prompt and in writing; 

4. 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; 

5. the violations have been corrected and the Respondent is, to the best of its 

knowledge and belief, in full compliance with EPCRA $302-$303, $311-$312, 

42 U.S.C. ~11002-$11003,$11021-$11022,CWA $31l(j)(l)(C), 33 U.S.C. 

$1321(j)(l)(C), CAA $11O(a)(2), 42 U.S.C. §7410(a)(2), except for that noted in 

Section 111, Paragraph B, and RCRA §9003,42 U.S.C. $6991b, and the 

implementing regulations with respect to the violations set forth in this 

Agreement; 

6. appropriate steps have been taken to prevent a recurrence of the violations; 

7. Respondent has no knowledge that violations other than those covered in this 

Agreement (or closely related violations), have occurred within the past three 

years at the same facilities;nor are the specific violations that are the subject of 

this Agreement, part of a pattern of violations by the entities' parent organizations 

which have occurred over the past five years; 

8. the violations have not resulted in serious actual harm nor presented an 

imminent and substantial endangerment to human health or the environment and 

they did not violate the specific terms of any judicial or administrativeFinal Order 

or Agreement; and 

9. Respondent has cooperated as requested by EPA. 

IV. Conclusions of Law 

EPCRA 

A. For purposes of this Agreement, Respondent is a person as defined in EPCRA $329(7), 

42 U.S.C. $11049(7), and is the owner or operator of facilities as defined in EPCRA §329(4), 

42 U.S.C. §11049(4). 

B. Section 302(c) of EPCRA, 42 U.S.C. $11002(c), and the regulations found at 40 C.F.R. 

Part 355, require owners and operators of facilities at which an extremely hazardous substance is 

present, at or above stated designated threshold quantities, to notify the State Emergency 

Response Commission ("SERC") that such facility is subject to the requirements of $302(c). 

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C. Section 303(d) of EPCRA, 42 U.S.C. $ 11003(d), and the regulations found at 40 C.F.R. 

Part 355, require owners and operators of facilities at which an extremely hazardous substance is 

present, at or above stated designated threshold quantities, to notify the Local Emergency 

Planning Committee (“LEPC”) of the facility representativewho will participate in the 

emergency planning process as a facility emergency coordinator. 

D. Section 311(a) of EPCRA, 42 U.S.C. $11021(a), and the regulations found at 40 C.F.R. 

Part 370, require the owner or operator of a facility, which 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 1979 (29 U.S.C.A. Section 651 et. seq.) and regulations promulgated 

under the Act, to submit the MSDS or in the alternative a list of chemicalsto the LEPC, the 

SERC, and to the fire department with jurisdiction over the facility by October 17, 1987, or 

within three months of first becoming subject to the $311requirements. 

E. Section 312(a) of EPCRA, 42 U.S.C. $ 11022(a),and the regulations found at 40 C.F.R. 

Part 370, require the owner or operator of a facility which is required to have an MSDS for a 

hazardous chemical under the Occupational Safety and Health Act of 1979 (29 U.S.C.A. Section 

651 et. seq.) and regulations promulgated under the Act, to prepare and submit an emergency and 

hazardous chemical inventory form (Tier I or Tier I1 as described in 40 C.F.R. Part 370) 

containingthe informationrequired by those sections to the LEPC, SERC, and to 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 the $312 requirements), and annually thereafter. 

F. Sulfuric acid is an extremely hazardous substance and diesel fuel is a hazardous chemical as 

defined under Section 312 of EPCRA and 40 C.F.R. $370.2. 

G. As set forth in 40 C.F.R. $370.20, the reporting threshold amount for all hazardous 

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

(10,000) pounds. The reporting threshold for diesel fuel, therefore, is ten thousand (10,000) 

pounds. For “extremely hazardous” substances present at the facility,the reporting threshold 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 (1,000) pounds. The 

reporting threshold for sulfuric acid, therefore, is five hundred (500) pounds. 

H. The informationsupplied by the Respondent in its self-disclosureindicated that for varying 

lengths of time during calendar years 1994 - 1999, Respondenthad diesel fuel, a hazardous 

chemical and/or sulfuric acid, an extremely hazardous substance, in excess of threshold amounts 

present at its facilities, listed in Attachment B. 

I. For purposes of this Agreement, Complainant hereby states and alleges that, based on the 

information supplied by Respondent to EPA, Respondent has violated the following 

requirements: 

1. EPCRA $302(c), 42 U.S.C. $11002(c),and the regulations found at 40 C.F.R. 

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Part 355 when it failed to notify the State Emergency Response Commission (“SERC”) at 

fifty-six (56) facilities, identified in Attachment B; 

2. EPCRA $303(d), 42 U.S.C. $11003(d), and the regulations found at 40 C.F.R. 

Part 355 when it failed to noti@ the Local Emergency Planning Commission (“LEPC”) of 

the identity of the emergency coordinator who would participate in the emergency 

planning process at fifty-six (56) facilities, identified in Attachment B; 

3. EPCRA $31l(a), 42 U.S.C. $11021(a) and the regulations found at 40 C.F.R. 

Part 370, when it failed to submit an MSDS for a hazardous chemical(s)or, in the 

alternative, a list of such chemicals, for sixty-one (61) facilities,to the LEPC, SERC, and 

the fire department with jurisdiction over these facilities, identified in Attachment B; 

4. EPCRA $312(a), 42 U.S.C. $11022(a)and the regulations found at 40 C.F.R. 

Part 370 at forty-seven (47) facilities, by failing to prepare and submit emergency and 

chemical inventory forms to the LEPC, the SERC and the fire department with 

jurisdiction over each facility, identified in Attachment B. 

CWA 

A. For purposes of this Agreement, Respondent is a person within the meaning of CWA 

$311(a)(7),33 U.S.C. $1321(a)(7),and 40 C.F.R. $112.2; that it is the owner or operator as 

defined by CWA $311(a)(6), 33 U.S.C. $1321(a)(6), and 40 C.F.R. 9112.2 ofthirteen (13) 

facilities. 

B. The regulations at 40 C.F.R. $112.3 through $112.7, which implement $31l(j)(l)(C) of the 

Act, 33 U.S.C. $1321(j)(l)(C), set forth procedures, methods and requirementsto 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. 

C. 40 C.F.R. $112.3(a)requires 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, to 

prepare a Spill Prevention Control and Countermeasure(SPCC) Plan. 

D. Respondent is engaged in storing or consuming oil or oil products for backup generators 

located at the thirteen (13) facilities, described in Attachment B, in “harmful quantities,” as 

defined by 40 C.F.R. $1lO(c). 

E. Thirteen (13) of Respondent’s facilities, described in Attachment B, are on shore facilities 

within the meaning of $31l(a)(lO) of the CWA, 33 U.S.C. $1321(a)(10)and 40 C.F.R. g112.2, 

which, due to their location, could reasonably be expected to discharge oil to a navigable water 

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of the United States (as defined by Section 502(7) of the Act, 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. 

F. Based on the above, and pursuant to $311u)(1)(C) and its implementingregulations, 

Respondent is subject to the requirements of 40 C.F.R. $112.3 through $112.7. 

G. For purposes of this Agreement, Complainant hereby states and alleges that, based on the 

information supplied by Respondent to EPA, Respondent has violated the CWA at thirteen (13) 

facilities identified in Attachment B, by failing to prepare and implement a Spill Prevention 

Control and Countermeasure (SPCC) Plan, as required by CWA $31l(j)(l)(C), 33 U.S.C. 

$1321(j)(l)(C), and the regulations found at 40 C.F.R. $112.3 through $112.7. 

CAA 

A. For purposes of this Agreement, Respondent is a person within the meaning of CAA, 

$302(e), 42 U.S.C. $7602(e) and operates stationary sources within the meaning of $302(z), 

42 U.S.C. $7602(z). 

B. Section 1lO(a)(l) of the CAA, 42 U.S.C. §7410(a)(l), requires a State to submit an 

implementation plan, commonly known as a state implementation plan (“SIP”) to implement, 

maintain and enforce ambient air quality standards. 

C. The following States, in which Respondent’s facilities are located, submitted SIPS,which 

were approved by EPA under Section 110 of the CAA, 42 U.S.C. $7410, on the following dates: 

i. Maricopa County Environmental Services Department, Air Quality Division: 

37 Fed. Reg. 15,081 (July 2,1972) 

ii. South Coast Air Quality Management District: 43 Fed. Reg. 52,237 

(Nov. 9, 1978) 

iii. Washington, D.C.: 38 Fed. Reg. 33,709 (Dec. 6, 1973), as amended at 

46 Fed. Reg. 61,263 (Dec. 16, 1981); 57 Fed. Reg. 34,25 1 (Aug. 4,1992); 

60 Fed. Reg. 5,136 (Jan. 26, 1995); 61 Fed. Reg. 2,936 (Jan. 30, 1996) 

iv. New Jersey: 37 Fed. Reg. 10,880 (May 31, 1972), 51 Fed. Reg. 42,565 

(Nov. 25, 1986) 

vi. Nevada: 46 Fed. Reg. 21,766 (April 4, 1981), as amended at 

46 Fed. Reg. 21,766 (April 14,1981), as amended at 47 Fed. Reg. 27,069 

(June 23, 1982) 

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vii. 

... 

w11. 

ix. 

X. 

Oregon: 37 Fed. Reg. 10,888 (May 31,1972) 

Pennsylvania: 38 Fed. Reg. 32,893 (Nov. 28,1973), as amended at 

45 Fed. Reg. 33,627 (May 20,1980); 51 Fed. Reg. 18,840 (May 20, 1986); 

53 Fed. Reg. 31,330 (Aug. 18,1988); 59 Fed. Reg. 30,304 (June 13, 1994); 

60 Fed. Reg. 47,085 (Sept. 11,1995); 61 Fed. Reg. 16,062 (April 11,1996); 

63 Fed. Reg. 13,794 (March 23,1998); 63 Fed. Reg. 23,673 (April 30, 

1998) 

Utah: 37 Fed. Reg. 10,898 (May 31,1972) 

Washington: 45 Fed. Reg. 37,836 (June 5, 1980), as amended at 

46 Fed. Reg. 45,609 (Sept. 14, 1981); 47 Fed. Reg. 7,840 (Feb. 23, 1982); 

60 Fed. Reg. 28,726 (June 2, 1995) 

D. For purposes of this Agreement, Complainant hereby states and alleges that, based on the 

information supplied by Respondent to EPA, Respondent has violated SIP requirements at 

seventeen (17) facilities. The requirements and facilities are listed in Attachment B, hereby 

incorporated by reference. 

RCRA 

A. For purposes of this Agreement, Respondent is an owner of an underground storage tank, 

within the meaning of RCRA, $9001(3), 42 U.S.C. $6991(3), and as such, is subject to the 

requirements of RCRA, $9001 et. seq., 42 U.S.C. $6991 et. seq., and the regulations found at 

40 C.F.R. Part 280. 

B. The regulations found at 40 C.F.R. §280.95(~)(4)and (d), require a facility to have a letter 

of financial assurance, signed by the Chief Financial Officer, certifying self-insurance, andor a 

guarantee demonstrating financial responsibility for corrective action or damage caused by 

sudden accidental releases from an underground storage tank. 

C. Respondent violated RCRA §9003,42 U.S.C. §6991b, and the regulations found at 

40 C.F.R. §280.95(~)(4)and (d), at one (1) facility, identified in Attachment B, when it failed to 

have a letter of financial assurance, signed by the Chief Financial Officer, certifjmg selfinsurance, and/or a guarantee demonstrating financial responsibility for corrective action or 

damage caused by sudden accidental releases from an underground storage tank. 

V. Civil Penalty 

A. 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. Complainant alleges that the gravity 

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component of the civil penalty is $1,536,060.00. Of that penalty, $1,028,736.00 is attributable to 

EPCRA violations; $43,856.30 is attributable to CWA violations; $462,592.70 is attributable to 

CAA violations and $875.00 is attributable to the RCRA violation. EPA alleges that this gravity 

component is assessable against Respondent for the violations that are the basis of this 

Agreement. 

B. Under the Audit Policy, EPA has discretion to assess a penalty equivalent to the economic 

benefit Respondent gained as a result of their 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 $14,565.00 as a result of their 

noncompliance in this matter. Of this amount, $8,197.00 is attributable to the EPCRA 

violations, $3,603.00 is attributable to the CWA violations, $2,667.00 is’attributable to CAA 

violations, and $98.00 is attributable to RCRA violations. Accordingly, the civil penalty agreed 

upon by the parties for settlement purposes is $14,565.00. 

VI. Terms of Settlement 

A. Respondent agrees to pay FOURTEEN THOUSAND, FIVE HUNDRED AND SIXTYFIVE dollars, ($14,565.00), in satisfaction of the civil penalty. 

B. For payment of the civil penalties related to EPCRA, CAA, and RCRA, Respondent shall 

send, within thirty (30) days of issuance of the Final Order, a cashier’s check, certified check, or 

by wire transfer, in the amount of TEN THOUSAND, NINE HUNDRED AND SIXTY-TWO 

dollars, ($10,962.00), made payable to the “Treasurer of the United States of America,” to the 

following address: 

United States Environment Protection Agency 

Hearing Clerk 

P.O. Box 360277M 

Pittsburgh, PA 15251 

The check or wire transfer should indicate that it is for In re: NEXTLINK Communications, Inc., 

et. al., Docket No. MM-HQ-2000-0004. 

C. In payment of the civil penalty related to CWA, Respondent shall, within thirty (30) days of 

issuance of the Final Order, forward a cashier’s or certified check, in the amount of THREE 

THOUSAND, SIX HUNDRED AND THREE dollars, ($3,603.00), made payable to the “Oil 

Spill Liability Trust Fund,” to: 

Commander, National Pollution Funds Center 

United States Coast Guard 

Ballston Common Office Building Suite 1000 

4200 Wilson Boulevard 

Arlington, VA 22203 

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The check should indicate that it is for In re NEXTLINK Communications. Inc.. et al. ,Docket 

NO.MM-HQ-2000-0004. 

D. Respondent shall forward copies of these checks to EPA, to the attention of: 

Beth Cavalier 

Multimedia Enforcement Division (2248-A) 

Office of Enforcement and ComplianceAssurance 

U.S. Environmental Protection Agency 

1200Pennsylvania Ave, N.W. 

Ariel Rios Building, Room 3 119 A 

Washington, DC 20460 

and 

Clerk, Environmental Appeals Board 

U.S. Environmental Protection Agency 

401 M. Street, S.W. 

Washington, DC 20460 

E. Respondent’s obligations under this Agreement shall end when it has paid the civil 

penalties as required by this Agreement and the Final Order, and in accordance with Section 

VI(B) and (C), and complied with its obligations under Section VI(D) of this Agreement. 

F. 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. 

G. Pursuant to 31 U.S.C. 53717, 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 fkom 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 4 C.F.R. 5 102.13(c). 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 12 percent per year compounded annually will be 

assessed on any portion of the debt that remains delinquentmore than ninety (90) days after 

payment is due. 

VII. Severability 

A. The provisions of this Agreement pertaining to the SPCC Plan requirements of the CWA 

violations shall be severable &om the provisions of the Agreement pertaining to the EPCRA, 

CAA, and RCRA violations. The parties acknowledgethat the settlement portions of this 

Agreement which pertain to the CWA violations are, pursuant to CWA $309(g)(4), 33 U.S.C. 

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$1319(g)(4), subject to public notice and comment requirements. Should EPA receive comments 

regarding the issuance of the Final Order assessing the civil penalty agreed to in Paragraph VI.A, 

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

public comments. 

B. As part of this Agreement, and in satisfaction of the requirements of the Audit Policy, 

Respondenthas certified to certain material facts. The parties agree that should EPA receive, 

through public comments or in any way, information that proves or demonstrates that these 

material 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 EPA’s election prior to the issuance of 

the final order, and EPA may proceed with an enforcement action. 

C. The parties agree that the Respondent preserves all of their rights should this Agreement be 

voided in whole or in part. The parties further agree that Respondent’sobligations under this 

Agreement will cease should this Agreement be rejected by the Environmental Appeals Board. 

VIII. Reservation of Rights 

A. This Agreement and the Final Order, when issued by the EAB, and upon payment by 

Respondent of civil penalties in accordancewith Section VI, shall resolve only the civil claims 

specified in Attachment Byand shall constitute a final and complete resolution of the violations 

specified in Attachment B. Nothing in this Agreement and the Final Order shall be construed to 

limit the authority of EPA andor 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 

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

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

to and be binding on the Complainant, and the Respondent, as well as Respondent’s officers, 

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

including, but not limited to, any transfer of assets or real or personal property shall not alter 

Respondent’sresponsibilities under this Agreement, including the obligationto pay the civil 

penalty referred to in Paragraph V@). 

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

applicableprovisions of the CWA, EPCRA, CAA, RCRA or other federal state or local laws or 

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

10 
shall it be construed to be a ruling on, or a determination of, any issue related to any federal, state 

or local permit. 

D. Except as provided in Section VII(C), Respondent waives any rights it may have to contest 

the allegations contained herein and their right to appeal the proposed Final Order accompanying 

this Agreement by reference. 

E. Although EPA is not requiring submission of inventory forms for previous reporting cycles, 

i.e.,before reporting year 1998, in order to settle this matter, Respondent has contacted the 

SERC, or the equivalent entity delegated the authority specified in EPCRA §301,42 U.S.C. 

fj11001, for each State in which a facility is alleged to be in violation to determine whether 

submission of previous years of EPCRA 9312 inventory forms is required. This Agreement does 

not preclude or limit any state action regarding filing fees which may be owed or any other state 

action regarding Respondent’s obligations under state law. 

F. 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: FOR COMPLAINANT: 

General Counsel Director, Multimedia Enforcement Division 

NEXTLINK U. S Environmental Protection Agency 

Communications, Inc., et. a1 

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ATTACHMENT A 

Affiliate Name Address State of 

Incorporation 

NEXTLINK Communications 1505 Farm Credit Drive, McLean, Virginia 22102 Delaware 

Inc. 

NEXTLINK Arizona, Inc. 3930 East Watkins, Suite 200, Phoenix, Arizona 85034 Washington 

NEXTLINK California, Inc. 1924 Deere Avenue, Santa Ana, California 92795 Washington 

NEXTLINK Colorado, L.L.C. 1660 Lincoln, Suite 2600, Denver, Colorado 80264 Washington 

NEXTLINK D.C., Inc. 8613 Lee Highway, Suite 200, Fairfax, Virginia 22031 Washington 

NEXTLINK Florida, Inc. 7300 North Kendall Drive, Suite 300, Miami, Florida 33156 Washington 

NEXTLINK Georgia, Inc. 4000 Highlands Pkwy, Smyrna, Georgia 30082 

NEXTLINK Illinois, Inc. 810 Jorie Boulevard, Suite 200, Oak Brook, Illinois 60523 

NEXTLINK Massachusetts, 89 Fulkerson Street, Cambridge, 

Inc. Massachusetts 02141 

NEXTLINK Michigan, Inc. 21555 Melrose Place, Suite 18, Building 8, Southfield,Michigan IWashington 

~ 

NEXTLINK Missouri, Inc. 2020 Westport Center Dr., Maryland Heights, Missouri 63146 Washington 

NEXTLINK New Jersey, Inc. 45 Eisenhower Dr., 5' Floor, Paramus, New Jersey 07652 Washington 

Telecommunicationsof 2240 Corporate Circle, Henderson, Nevada 89014 Delaware 

Nevada, L.L.C., dba 

NEXTLINK Nevada 

NEXTLINK New Mexico, 3930 East Watkins, Suite 200, Washington 

Inc. Phoenix, Arizona 85034 

NEXTLINK New York, Inc. 45 Eisenhower Drive, 5th Floor, Paramus, New Jersey 07652 Washington 

NEXTLINK Ohio, Inc. 2 Easton Oval, Suite 300, Columbus, Ohio 43219 Washington 

NEXTLINK Interactive, Inc. 707 SW Washington Blvd, 

Suite 800, Portland, Washington 

Oregon 97205 

NEXTLINK Pennsylvania, 2690 Commerce Drive, Hamsbug, Pennsylvania 17110 Washington 

h c. NEXTLINK Tennessee, Inc. 105 Molloy Street, Nashville, Tennessee 37201 Washington 

NEXTLINK One, Inc. 1950 Stemmons Freeway, Suite 4038, Dallas, Texas 75207 Delaware 

NEXTLINK Texas, Inc. 1300 W. Mockingbird Lane, Suite 200, Dallas, Texas 75247 Washington 

NEXTLINK Technology 1505 Farm Credit Drive, 6th Floor, McLean, Virginia 22102 Washington 

Services, Inc. 

NEXTLINK Utah, Inc. 8871 South Sandy Parkway, Suite 200, Sandy, Utah 84070 Washington 

NEXTLINK Washington. Inc. 1000Dennv Wav. Suite 200. Seattle. Washington 98109 Washington 

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ATTACHMENT B 

LIST OF DISCLOSED VIOLATIONS 

CAA Violations 

Name/Address 

NEXTLINK Arizona, Inc., 

3930 East Watkins, Suite 200 

Phoenix, AZ 

NEXTLINK California, Inc., 

1924 & 1928 Deere Ave 

Santa Ana, CA 

NEXTLINK California, Inc., 

200 Pine Street, 

Long Beach, CA 

NEXTLINK DC, Inc., 

4301 Connecticut Ave 

Washington, D.C. 

NEXTLINK New Jersey, Inc., 

165 Halsey St. 

Newark, NJ 

Telecommunications of Nevada, LLC 

2240 Corporate Circle 

Henderson, NV 

Telecommunications of Nevada, LLC 

3125 Palm Center Dr. 

Las Vegas, NV 

NEXTLINK Interactive, Inc., 

707 SW Washington Blvd., Suite 800 

Portland, OR 

NEXTLINK, Pennsylvania, Inc., 

1500 Market St. 

Philadelphia, PA 

State Redation Violated 

Maricopa County Rule 200, $301 

South Coast Air Quality Management 

Division, Rule 20 1 

South Coast Air Quality Management 

Division, Rule 201 

Washington, D.C. Municipal Code 

Title 20, Chapter 2 

New Jersey Administrative Code 7:27-8.3 

Clark County Air Pollution Control 

Regulations, Section 12.1.1 & 16.1 

Clark County Air Pollution Control 

Regulations, Section 12.1.1 & 16.2 

Oregon Administrative Code 340-210-0200 

25 Pennsylvania Code 127.14 

13 
ATTACHMENT B, cont’d 

NEXTLINK, Pennsylvania, Inc., 

2400 Market St. 

Philadelphia, PA 

NEXTLINK, Pennsylvania, Inc., 

401 N. Broad St., 

Philadelphia, PA 

NEXTLINK, Pennsylvania, Inc., 

925 Berkshire Boulevard 

Wyomissing, PA 

NEXTLINK, Pennsylvania, Inc., 

974 Marcon Blvd. 

Allentown, PA 

NEXTLINK, Pennsylvania, Inc., 

991 N. Peiffers Lane 

Harrisburg, PA 

NEXTLINK Utah, Inc., 

8871 South Sandy Pkwy. 

Suite 200, 

Sandy, UT 

NEXTLINK Utah, Inc., 

1229 South 1840 West 

Orem, UT 

NEXTLINK Washington, Inc., 

155 South Stevens 

Spokane, WA 

EPCRA Violations 

NEXTLINK Arizona, Inc. 

3930 East Watkins, 

Suite 200, Phoenix, AZ 

25 Pennsylvania Code 127.14 

25 Pennsylvania Code 127.14 

25 Pennsylvania Code 127.14 

25 Pennsylvania Code 127.14 

25 Pennsylvania Code 127.14 

Utah Administrative Code 307-413-2(2) 

Utah Administrative Code 307-413-2(2) 

Washington Administrative Code 173-400-100 

EPCRA 302 and 303 (1999) 

EPCRA 311 (1999) 

14 
ATTACHMENT B cont’d. 

2320 W. Peoria Ave, 

Suite 145, Phoenix, AZ 

NEXTLINK California. Inc. 

1924 & 1928 Deere Ave, 

Santa Ana, CA 

200 Pine Street, 

Long Beach, CA 

5771 Copely Dr., 

San Diego, CA 

855 Mission Court, 

Frernont, CA (twoviolations) 

NEXTLINK Colorado. L.L.C. 

1660 Lincoln, 

Suite 1400, 

Denver, CO 

313 Inverness Way S., 

Englewood, CO 

910-15th Street, 

Denver, CO 

NEXTLINK. DC, Inc. 

4301 Connecticut Ave, 

Washington, D.C. 

1220 L St., 

Washington, D.C. 

NEXTLINK Florida, Inc. 

16563 NW 15th Ave, 

Miami, FL 

EPCRA 302 and 303 (1999) 

EPCRA 311(1999) 

EPCRA 302 and 303 (1997) 

EPCRA 311 (1997) andEPCRA312 (1997-1998) 

EPCRA 302 and 303 (1997) 

EPCRA 311 (1997) and EPCRA 312 (1997-1998) 

EPCRA 302 and 303 (1998) 

EPCRA 311 (1998) and EPCRA 312 (1998) 

EPCRA 302 and 303 (1998) 

ECPRA 311 (1998) and EPCRA 312 (1998) 

EPCRA 302 and 303 (1994) 

EPCRA311 (1994) mdEPCRA312(1994-1998) 

EPCRA 302 and 303 (1998) 

EPCRA 311 (1998) and EPCRA 312 (1998) 

EPCFU 302 and 303 (1999) 

EPCRA 311 (1999) 

EPCRA 302 and 303 (1998) 

EPCRA 311(1998) and EPCRA 312 (1998) 

EPCRA 302 and 303 (1999) 

EPCRA 311 (1999) 

EPCRA 302 and 303 (1998) 

EPCRA 311 (1998) and EPCRA 312 (1998) 

15 
ATTACHMENT B cont’d. 

NEXTLINK Georgia. Inc. 

4000 Highlands Pkwy., SE, 

Smyma, GA 

NEXTLINK Illinois. Inc. 

233 South Wacker 

Chcago, IL 

711 Edgewood Road 

Wood Dale, IL 

810 Jorie Blvd., 

Oak Brook, IL 

NEXTLINK Massachusetts, Inc. 

89 Fulkerson Street 

Cambridge, MA 

NEXTLINK Michigan. Inc. 

21555 Melrose Ave 

Southfield,MI 

NEXTLINK. Missouri, Inc. 

2020 Westport Center Dr. 

Maryland Heights, MO 

900 Walnut Street 

St. Louis, MO 

NEXTLINK New Jersey, Inc. 

165 Halsey St. 

Newark, NJ 

Telecommunicationsof Nevada, L.L.C. 

2240 Corporate Circle, 

Henderson, NV 

EPCRA 302 and 303 (1998) 

EPCRA 311 (1998) and EPCRA 312 (1998) 

EPCRA 302 and 303 (1998) 

EPCRA 311 (1998) and EPCRA 312 (1998) 

EPCRA 302 and 303 (1997) 

EPCRA 311 (1997) and EPCRA 312 (1997-1998) 

EPCRA 302 and 303 (1999) 

EPCRA 311 (1999) 

EPCRA 302 and 303 (1999) 

EPCRA 31 1 (1 999) 

EPCRA 302 and 303 (1999) 

EPCRA 3 11 (1999) 

EPCRA 302 and 303 (1999) 

EPCRA 311 (1999) 

EPCRA 302 and 303(1999) 

EPCRA 302 and 303 (1999) 

EPCRA 311 (1999) 

EPCRA 302 and 303 (1997) 

EPCRA 311 (1997) and EPCRA 312 (1997-1998) 

16 
ATTACHMENT B cont’d. 

3125 Palm Center Dr. 

Las Vega, NV 

NEXTLINK New Mexico. Inc. 

505 Marquette, Suite 108 A 

Albuquerque, NM 

NEXTLINK New York, Inc. 

60 Hudson St. 

Ny,Ny 

111 - 8th Avenue, 

Ny,Ny 

15th West 37th St. 

Ny,Ny 

NEXTLINK Ohio, Inc. 

76 South Main St., Suite 108, 

Akron, OH 

815 Superior Avenue 

Cleveland, OH 

10 West Broad 

Columbus, OH 

180 East Broad 

Columbus, OH 

NEXTLINK Interactive. Inc. 

707 SW Washington Blvd., 

Suite 800, 

Portland, OR 

NEXTLINK Pennsylvania, Inc. 

1500 Market St., 

Philadelphia, PA 

EPCRA 302 and 303 (1996) 

EPCRA 311 (1996) and EPCRA 312 (1996-1998) 

EPCRA 302 and 303 (1999) 

EPCRA 311 (1999) 

EPCRA 302 and 303 (1998) 

EPCRA 311 (1998) and EPCRA 312 (1998) 

EPCRA 302 and 303 (1998) 

EPCRA 311 (1998) and EPCRA 312 (1998) 

EPCRA 302 and 303 (1998) 

EPCRA 311 (1998) and EPCRA 312 (1998) 

EPCRA 302 and 303 (1998) 

EPCRA 311 (1998) and EPCRA 3 12 (1998) 

EPCRA 302 and 303 (1996) 

EPCRA 311(1996) and EPCRA 312 (1996-1998) 

EPCRA 302 and 303 (1996) 

EPCRA 311 (1996) and EPCRA 312 (1996-1998) 

EPCRA 311 (1999) 

EPCRA 302 and 303 (1996) 

EPCRA 311 (1996) and EPCRA 312 (1996-1998) 

EPCRA 302 and 303 (1997) 

EPCRA 311 (1997) and EPCRA 312 (1997-1998) 

17 
ATTACHMENT B cont’d. 

236 South Hull St. 

Sinking Spring, PA 

2400 Market St. 

Philadelphia, PA 

401 N. Broad St. 

Philadelphia, PA 

801 Hausman Rd. 

Allentown, PA 

974 Marcon Blvd. 

Allentown, PA 

989 East Park Dr. 

Harrisburg, PA 

991 N. Peiffers Ln. 

Harrisburg, PA 

NEXTLINK Tennessee, Inc. 

105 Molloy Street 

Nashville, TN 

5127 Truse Road 

Memphis, TN 

NEXTLINK One. Inc. 

12790Merit Dr., Suite 105, 

Dallas, TX 

100 Crescent Ct., 

Dallas, TX 

9442 Capital of Texas Hwy., 

Austin, TX 

98 San Jacinto Blvd., Suite 330, 

Austin, TX 

EPCRA 302 and 303 (1996) 

EPCRA 311(1996) and EPCRA 312 (1996-1998) 

EPCRA 302 and 303(1999) 

EPCRA 3 11 (1999) 

EPCRA 302 and 303 (1999) 

EPCRA 311 (1999) 

EPCRA 302 and 303 (1997) 

EPCRA 311 (1997) and EPCRA 312 (1997-1998) 

EPCRA 302 and 303 (1998) 

EPCRA 311 (1998) and EPCRA 312 (1998) 

EPCRA 302 and 303 (1995) 

EPCRA 311(1995) and EPCRA 312 (1995-1998) 

EPCRA 302 and 303 (1996) 

EPCRA 311 (1996) and EPCRA 312 (1996-1998) 

EPCRA 302 and 303 (1996) 

EPCRA 311 (1996) and EPCRA 3 12 (1996-1998) 

EPCRA 302 and 303 (1996) 

EPCRA 311 (1996) andEPCRA 312 (1996-1998) 

EPCRA 311 (1996) and EPCRA 312 (1996-1998) 

EPCRA311 (1994)andEPCRA312 (1994-1998) 

EPCRA302 and 303 (1994) 

EPCRA311 (1994) mdEPCRA312 (1994-1998) 

EPCRA 302 and 303 (1994) 

EPCRA 311 (1994) and EPCRA 312 (1994-1998) 

18 
ATTACHMENT B cont’d. 

600 Congress, Suite 1210, 

Austin, TX 

NEXTLINK Texas, Inc. 

1300 West Mockingbird, Suite 200, 

Dallas, TX 

2323 Bryan St., Suite 2450, 

Dallas, TX 

2401 Portsmouth, 2nd Flr, 

Houston, TX 

5353 Alpha Road, 

Dallas, TX 

NEXTLINK Technolow Services, Inc. 

2653 Summit Ave, Suite 100, 

Plano, TX 

2700 Summit Avenue, Suite 100 

Plano, TX 

NEXTLINK Utah. Inc. 

8871 South Sandy Pkwy., Suite 200, 

Sandy, UT 

476 West Heritage Park Blvd., Suite 100, 

Layton, UT 

180 East 100 South, 

Salt Lake City, UT 

118 South 1000 West, 

Salt Lake City, UT 

1229 South 1840 West, 

Orem, UT 

EPCRA 302 and 303 (1994) 

EPCRA 311 (1994) and EPCRA 312 (1994-1998) 

EPCRA 302 and 303 (1998) 

EPCRA311 (1998)andEPCRA312 (1998) 

EPCRA 302 and 303 (1998) 

EPCRA 311 (1998) and EPCRA 312 (1998) 

EPCRA 302 and 303 (1999) 

EPCRA 311 (1999) 

EPCRA 302 and 302 (1998) 

EPCRA 311 (1998) and EPCRA 3 12 (1998) 

EPCRA 302 and 303 (1998) 

EPCRA 311 (1998) and EPCRA 312 (1998) 

EPCRA 302 and 303 (1998) 

EPCRA 311 (1998) and EPCRA 312 (1998) 

EPCRA 311 (1996) and EPCRA 312 (1996-1998) 

EPCRA 311 (1998) and EPCRA 312 (1998) 

EPCRA 302 and 303 (1997) 

EPCRA 311 (1997) and EPCRA 312 (1997-1998) 

EPCRA 302 and 303 (1996) 

EPCRA 311 (1996) andEPCRA 312 (1996-1998) 

EPCRA 311 (1998) and EPCRA 312 (1998) 

19 
ATTACHMENT B cont'd. 

NEXTLINK Washington. Inc. 

1000Denny Way, Suite 300, 

Seattle, WA 

1116 West Broadway, 

Spokane, WA 

155 South Stevens, 

Spokane, WA 

1620North Signal Drive, 

Liberty Lake, WA 

CWNSPCC Violations 

NEXTLINK Arizona, Inc., 

3930 East Watkins, suite 200, 

Phoenix, AZ 

NEXTLINK California, Inc., 

1924 &1928Deere Ave, 

Santa Ana, CA 

NEXTLINK California, Inc. 

200 Pine Street, 

Santa Ana, CA 

NEXTLINK California, Inc., 

5771 Copely Drive, 

San Diego, CA 

NEXTLINK California, Inc. 

855 Mission Court 

Fremont, California 

NEXTLINK D.C., Inc. 

4301 Connecticut Ave, 

Wash. D.C. 

NEXTLINK Florida, Inc., 

16563 NW, 15th Ave, 

Miami, FL 

EPCRA 302 and 303 (1998) 

EPCRA 311 (1998) and EPCRA 312 (1998) 

EPCRA 302 and 303 (1998) 

EPCRA 311 (1998) and EPCRA 312 (1998) 

EPCRA 302 and 303 (1997) 

EPCRA 311 (1997) and EPCRA 312 (1997-1998) 

EPCRA 302 and 303 (1998) 

EPCRA 311 (1998) andEPCRA312 (1998) 

CWA311Cj)(l)(C),40 CFRPart 112 

CWA 311Cj)(l)(C), 40 CFRPart 112 

CWA 31lO)(l)(C), 40 CFR Part 112 

CWA 311@(l)(C), 40 CFR Part 112 

CWA 311(j)(l)(C), 40 CFRPart 112 

CWA 3110)(1)(C), 40 CFRPart 112 

CWA 3110)(1)(C), 40 CFRPart 112 

20' 
ATTACHMENT B cont'd. 

NEXTLINK Georgia., Inc., 

4000 Highlands Pkwy. SE, 

Smyrna, GA 

NEXTLINK Pennsylvania, Inc., 

974 Marcon Blvd., 

Allentown, PA 

NEXTLINK Pennsylvania, Inc., 

991 North Peiffers Lane, 

Harrisburg, PA 

NEXTLINK Texas, Inc. 

2401 Portsmouth 

2ndFloor 

Houston, Texas 

NEXTLINK Texas, Inc., 

1300 West Mockingbird, Suite 200, 

Dallas TX 

NEXTLINK Washington, Inc., 

1000Denny Way, Suite 300, 

Seattle, WA 

RCRA Violation 

NEXTLINK Illinois, Inc. 

711 Edgewood Road 

Wood Dale, IL 

CWA311(j)(l)(C), 40 CFRPart 112 

CWA 31lo)(l)(C), 40 CFR Part 112 

CWA 311Q)( l)(C), 40 CFR Part 112 

CWA 31lQ)(l)(C),40 CFRPart 112 

CWA 31l(j)( l)(C), 40 CFR Part 112 

CWA 31lQ)(l)(C), 40 CFR Part 112 

RCRA 9003,40 CFR 9280.95 

21 
BEFORE THE ENVIRONMENTAL APPEALS BOARD 

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C. 

IN THE MATTER OF: )

1 

NEXTLJNK Communications,Inc., et. a1 ) Docket No. MM-HQ-2000-0004 

1505Farm Credit Drive ) 

McLean, Virginia 22102 )

Respondent ) 

FINAL ORDER 

Whereas Complainant, the United States EnvironmentalProtection Agency, and 

Respondent, NEXTLINK Communications,hc. and its subsidiaries, the Parties herein, 

representedby counsel, have consented to the entry of this Final Order, and agree to comply with 

the Consent Agreement signed by the parties and incorporatedherein; and 

Whereas EPA caused a Notice for Public Comment on the proposed issuance of this 

Final Order to be published in the Federal Register on ,2000, as required by the Clean 

Water Act $31l(b)(6), 33 U.S.C. §132l(b)(6), the public notice and comment period required has 

closed, and no comments have been received; 

The Consent Agreement is hereby approved and incorporatedby reference into this Final 

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

effective immediately. 

SO ORDERED. 

By: 

Date: 

Environmental Appeals Judge 

EnvironmentalAppeals Board 

US EPA 
-- 

CERTIFICATE OF SERVICE 

I hereby certify that the original and one copy of the foregoing Consent Agreement and 

Final Order, In the Matter of NEXTLINK Communications, Inc., et al., Docket No. MM-HQ2000-0004, has been filed with the Environmental Appeals Board, and that a true and correct 

copy was sent by Certified Mail to Counsel and recipient of service designate for NEXTLINK 

Communications, Inc., and its subsidiaries: 

Ms. Lynn Manolopolous, Esq. 

Davis, Wright, Tremaine, L.L.P. 

1800 Belleview Place 

10500N.E. 8* Street 

Belleview, WA 98004-4300 

(425)-646-6146 

Date Melissa K. Raack (2248A) 

Multimedia Enforcement Division 

Office of Regulatory Enforcement 

U.S. Environmental Protection Agency 

401 M Street, S.W. 

Washington, D.C.20460 

202-564-7039