UNITED STATES ENVIRONMENTAL PROTECTION AGENCY BEFORE THE ENVIRONMENTALAPPEALS BOARD



### JNTHE MATTER OF NEXTLINK Communications,Inc., et al. 1505Farm Credit Drive McLean, Virginia 22 102 Respondent 

## 1 Docket No. MM-HQ-2000-0004 

## 1 ) 

## 1 1 

## 1

CONSENTAGREEMENT 

### I. Preliminary Statement A. Complainant,the United StatesEnvironmentalProtection Agency 

### (“EPA”) and the

. Respondent,NEXTLINK Communications,Inc. and its subsidiarieslisted in AttachmentA, hereby incorporated by reference, (collectivelyreferred to as “Respondent”), having consented to the terms of ths Consent Agreement (Agreement),and before the taking of any testimony and without the adjudicationof issues of law or fact herein, agree to comply with the terms of this Agreement and attached proposed Final Order hereby incorporatedby reference. B. In August 1999, pursuant to EPA’s Policy on Incentivesfor Self-Policing(“Audit Policy”), 60 Fed. Reg. 66,707 (December22, 1995),Respondent submitted its initial voluntary disclosure to EPA regarding potential violations of: 1. EmergencyPlanning and Community Right-to-Know Act (“EPCRA”’) $8302-303, 42 U.S.C. $01 1002-1 1003; 2. EPCRA $311,42U.S.C. $11021; 3. EPCRA $312,42 U.S.C. $1 1022; 4. Clean Water Act (“CWA”) $31l(j)(l)(C); 5. Resource Conservation and Recovery Act (“RCRA”) $9003,42U.S.C. $6991b. C. Respondent continuedto submit additional and periodic disclosures, for the above statutes, as well as violations of the Clean Air Act (“CAA”) $1 10,42U.S.C. $7410, and the requirements adopted as part of the State ImplementationPlan. Such disclosureshave resulted in a final list of disclosedviolations found in Attachment 

### B, hereby incorporatedby reference, which are the subject of ths Agreement.

1, . 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 thejurisdiction 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 $31 1,33U.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 ajudicial 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 hasjurisdiction 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 $ 1 13 (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 $ 1 13(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 $1 10,42 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;

22. '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 discoveryby 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, $3 11-$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 implementingregulationswith 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 specificterms of anyjudicial 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. $1 1049(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. $1 1002(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).

3C. 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 substanceis present, at or above stated designatedthreshold quantities,to notify the Local Emergency Planning Committee (“LEPC”) of the facility representativewho will participate in the emergency planningprocess as a facility emergencycoordinator. 

### D. Section 311(a) of EPCRA, 42 U.S.C. $1 1021(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 regulationspromulgated under the Act, to submit the MSDS or in the alternative a list of chemicalsto the LEPC, the SERC, and to the fire department withjurisdiction over the facilityby October 17, 1987,or within three months of first becoming subject to the $31 1 requirements. 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 65 1 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 sectionsto the LEPC, SERC, and to the fire department withjurisdiction over the facilityby March 1, 1988 (or March 1 of the first year after the facility first becomes subject to the $312requirements),and annually thereafter. F. Sulfuric acid is an extremely hazardous substance and diesel fuelis 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 calendaryear is ten thousand (10,000) pounds. The reporting threshold for diesel fuel, therefore, is ten thousand (10,000) pounds. For “extremely hazardous” substancespresent 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 reportingthreshold for sulfuric acid, therefore, is five hundred (500) pounds. 

### H. The information suppliedby 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,Complainanthereby states and alleges that, based on the information supplied by Respondentto EPA, Respondenthas violated the following requirements: 1. EPCRA $302(c),42 U.S.C. $1 1002(c), and the regulations found at 40 C.F.R.

4Part 355 when it failed to notify the State EmergencyResponse Commission(“SERC”) at fifty-six (56) facilities,identifiedin Attachment

### B; 2. EPCRA $303(d),42 U.S.C. $1 1003(d),and the regulations found at 40 C.F.R. Part 355 when it failed to noti@ the Local EmergencyPlanning Commission (“LEPC”) of the identity of the emergency coordinatorwho would participatein the emergency planning process at fifty-six (56) facilities,identified in Attachment B; 3. EPCRA $31 l(a), 42 U.S.C. $1 1021(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 departmentwithjurisdiction over these facilities,identifiedin Attachment B; 

### 4. EPCRA $3 12(a),42 U.S.C. $1 1022(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 AttachmentB. CWA A. For purposes of this Agreement, Respondentis 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 definedby 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. $1 12.3through $1 12.7, which implement $31l(j)(l)(C) of the Act, 33 U.S.C. $1321(j)(l)(C), set forth procedures, methods and requirements to prevent the dischargeof oil from non-transportation-related facilitiesinto or upon the navigablewaters of the United States and adjoining shorelinesin such quantities that 

### by regulationhave been determined may be harmful to the public health or welfare or environmentofthe United Statesby owners or operatorswho are engaged in drilling,producing, gathering, storing,processing,refining, transferring, distributing or consumingoil or oil products. C. 40 C.F.R. $1 12.3(a)requires owners and operators of onshore and offshore facilitiesthat have discharged or due to their location, could reasonablybe expected to discharge oil in harmful quantities into or upon the navigablewaters 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. $1 lO(c). 

### E. Thirteen (13) 

### of Respondent’s facilities, describedin Attachment B, are on shore facilities within the meaning of $31 l(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 navigablewater 5of the United States (as defined by Section 502(7) of the Act, 33 U.S.C. §1362(7), and 40 C.F.R. $ 1 10.1)or its adjoining shorelinethat may either (1) violate applicable water quality standards or (2) cause a 

### film or sheen or discolorationof 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 $31 

### 1u)(1)(C) and its implementingregulations, Respondent is subject to the requirements of 40 C.F.R. $1 12.3 through $1 12.7. G. For purposes of this Agreement, Complainant hereby states and alleges that, based on the information suppliedby Respondentto 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 $31 l(j)(l)(C), 33 U.S.C. $1321(j)(l)(C), and the regulations found at 40 C.F.R. $1 12.3through $1 12.7. 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 implementationplan 

### (“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)

6vii.



### ... 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, $9001et. 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 ChiefFinancial 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 ChiefFinancial 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 7component 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 1525 1 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

8The 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 EnforcementDivision (2248-A) Office of Enforcement and ComplianceAssurance U.S. EnvironmentalProtectionAgency 1200Pennsylvania Ave, N.W. Ariel Rios Building, Room 3 1 19A Washington,DC 20460 and Clerk, EnvironmentalAppeals Board U.S. EnvironmentalProtectionAgency 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 SectionVI(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 civilpenalty 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 ofprocessing and handling a delinquentclaim. Interest will thereforebegin 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 chargewill be assessed to cover the costs of debt collection, includingprocessing and handling costs and attorney fees. In addition, a penalty charge of 12percent per year compounded annuallywill 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 Agreementpertaining to the SPCC Plan requirements of the CWA violations shall be severable &omthe provisions ofthe 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. 9$13 19(g)(4), subject to public notice and comment requirements. Should EPA receive comments regardingthe issuance of the Final Order assessingthe civil penalty agreed to in ParagraphVI.A, EPA shall forward all such commentsto Respondentwithin ten (10) days ofthe 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, informationthat proves or demonstrates that these material facts are other than as certifiedby 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 agreementmay 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 Respondentpreserves all of their rights should this Agreement be voided in whole or in part. The parties further agree that Respondent’sobligationsunder 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 issuedby the EAB, and upon payment by Respondent of civil penalties in accordancewith SectionVI, shallresolve only the civil claims specified in Attachment Byand shall constitute a final and complete resolution of the violations specifiedin Attachment B. Nothing in this Agreement and the Final Order shall be construed to limit the authority of EPA andorthe 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’sofficers, agents, successors and assigns. Any change in ownershipor corporate status of the Respondent including,but not limited to, any transfer of assets or real or personal property shall not alter Respondent’sresponsibilitiesunder this Agreement, includingthe 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 authorityto seek compliance with any applicablelaws, nor

10shall 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. fj 1 1001, for each State in which a facility is alleged to be in violation to determine whether submission of previous years of EPCRA 

### 93 12 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

11ATTACHMENT A

Affiliate Name Address State of Incorporation NEXTLINK Communications 1505Farm 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. 8 10Jorie Boulevard, Suite 200, Oak Brook, Illinois 60523 NEXTLINK Massachusetts, 89 Fulkerson Street, Cambridge, Inc. Massachusetts 0214 1 NEXTLINK Michigan, Inc. 21555 Melrose Place, Suite 18, Building 8, Southfield,Michigan IWashington

~ NEXTLINK Missouri, Inc. 2020 Westport Center Dr., Maryland Heights, Missouri 63 146 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 NEXTLINKNew York, Inc. 45 Eisenhower Drive, 5thFloor, 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 171 10 Washington h c 

### . NEXTLINK Tennessee, Inc. 105 Molloy Street, Nashville, Tennessee 37201 Washington NEXTLINK One, Inc. 1950 StemmonsFreeway, Suite 4038, Dallas, Texas 75207 Delaware NEXTLINK Texas, Inc. 1300W. Mockingbird Lane, Suite 200, Dallas, Texas 75247 Washington NEXTLINK Technology 1505 Farm Credit Drive, 6th Floor, McLean, Virginia 22 102 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

12ATTACHMENT 

### B LIST OF DISCLOSEDVIOLATIONS 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. NEXTLINKNew Jersey, Inc., 165 Halsey St. Newark, NJ Telecommunications ofNevada, LLC 2240 Corporate Circle Henderson, NV Telecommunications of Nevada, LLC 3 125 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 340-2 10-0200

25 Pennsylvania Code 127.14

13ATTACHMENT 

### 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 MarconBlvd. 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 & 1928Deere Ave, Santa Ana, CA 200 Pine Street, Long Beach, CA 577 1Copely 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 15thAve, Miami, FL EPCRA 302 and 303 (1999) EPCRA 3 1 1 (1999)

EPCRA 302 and 303 (1997) EPCRA 311 (1997) andEPCRA312 (1997-1998) EPCRA 302 and 303 (1997) EPCRA 31 1 (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 3 

### 1 1 (1999)

EPCRA 302 and 303 (1998) EPCRA 311 (1998) and EPCRA 312 (1998)

15ATTACHMENT 

### B cont’d. NEXTLINK Georgia. Inc. 4000 HighlandsPkwy., SE, Smyma, GA NEXTLINK Illinois. Inc. 233 SouthWacker Chcago, IL 7 1 1 Edgewood Road Wood Dale, 

### IL 810 Jorie Blvd., OakBrook, 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 TelecommunicationsofNevada, 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 31 1 (1999)

EPCRA 302 and 303 (1999) EPCRA 3 1 1 (1999)

EPCRA 302 and 303 (1999) EPCRA 3 1 1 (1999)

EPCRA 302 and 303 (1999) EPCRA 31 1 (1999) EPCRA 302 and 303(1999)

EPCRA 302 and 303 (1999) EPCRA 3 1 1 (1999)

EPCRA 302 and 303 (1997) EPCRA 311 (1997) and EPCRA 312 (1997-1998)

16ATTACHMENT 

### 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

11 1

## - 8th Avenue, Ny,Ny 15th West 37th St. 

### Ny,Ny NEXTLINK Ohio, Inc. 76 South Main St., Suite 108, Akron, 

### OH 8 15 SuperiorAvenue Cleveland, OH 10West Broad Columbus, OH 180East Broad Columbus, OH NEXTLINK Interactive. Inc. 707 SW Washington Blvd., Suite 800, Portland, 

### OR NEXTLINK Pennsylvania, Inc. 1500Market St., Philadelphia, PA EPCRA 302 and 303 (1996) EPCRA 311 (1996) and EPCRA 312 (1996-1998)

EPCRA 302 and 303 (1999) EPCRA 3 1 1 (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 3 1 1 (1 998) 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 3 1 1 (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 5 127Truse 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 1 1 (1999) EPCRA 302 

### and 303 (1999) EPCRA 3 1 1 (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 3 1 1 (1996) and EPCRA 3 12 (1 996-1998) 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)

18ATTACHMENT 

### B cont’d.

600 Congress, Suite 1210, Austin, TX NEXTLINK Texas, Inc. 1300West 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 180East 100 South, Salt Lake City, UT 1 18 South 1000West, Salt Lake City, 

### UT

1229 South 1840West, Orem, UT EPCRA 302 and 303 (1994) EPCRA 31 1 (1994) and EPCRA 312 (1994-1998)

EPCRA 302 and 303 (1998) 

### EPCRA311 (1998)andEPCRA312 (1998) EPCRA 302 and 303 (1998) EPCRA 31 1 (1998) and EPCRA 312 (1998) EPCRA 302 and 303 (1999) EPCRA 3 1 1 (1999) EPCRA 302 and 302 (1998) EPCRA 3 1 1 (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 31 1 (1996) and EPCRA 312 (1996-1998)

EPCRA 311 (1998) and EPCRA 312 (1998) EPCRA 302 and 303 (1997) EPCRA 3 1 1 (1997) and EPCRA 3 12 (1997- 1998) EPCRA 302 and 303 (1996) EPCRA 311 (1996) andEPCRA 312 (1996-1998)

EPCRA 31 1 (1998) and EPCRA 312 (1998) 19ATTACHMENT 

### B cont'd. NEXTLINK Washington. Inc. 1000Denny Way, Suite 300, Seattle, WA 11 16West 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, SantaAna, CA NEXTLINK California, Inc. 200 Pine Street, SantaAna, CA NEXTLINK California, Inc., 5771 Copely Drive, San Diego, CA NEXTLINK California, Inc. 855 Mission Court Fremont, California NEXTLINK D.C., Inc. 4301 ConnecticutAve, Wash. D.C. NEXTLINK Florida, Inc., 16563NW, 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 31 lO)(l)(C), 40 CFR Part 112

CWA 31 1@(l)(C), 40 CFR 

### Part 1 12

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 2nd Floor Houston, Texas NEXTLINK Texas, Inc., 1300West Mockingbird, Suite 200, Dallas TX NEXTLINK Washington, Inc., 1000Denny Way, Suite 300, Seattle, WA RCRA Violation NEXTLINK Illinois, Inc. 71 1 Edgewood Road Wood Dale, IL CWA311(j)(l)(C), 40 CFRPart 112

CWA 3 1lo)(l)(C), 40 CFR Part 112

CWA 3 1 1Q)(l)(C), 40 CFR Part 1 12

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

CWA 3 1l(j)( l)(C), 40 CFR Part 1 12

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

RCRA 9003,40 CFR 9280.95

21BEFORE 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 1505 Farm Credit Drive ) McLean, Virginia 22 102 ) Respondent )

FINAL ORDER Whereas Complainant,the United StatesEnvironmentalProtectionAgency, and Respondent, NEXTLINK Communications,hc.and its subsidiaries, the Parties herein, representedby counsel,have consentedto the entry of this Final Order, and agree to comply with the Consent Agreement signedby 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