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[Federal Register Volume 78, Number 138 (Thursday, July 18, 2013)]
[Notices]
[Pages 42942-42944]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17302]

[[Page 42942]]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9834-6; Docket ID Number EPA-HQ-OECA-2013-0170]

Clean Water Act Class II: Proposed Administrative Settlement, 
Penalty Assessment and Opportunity To Comment Regarding T-Mobile US, 
Inc., Successor by Merger to MetroPCS Communications, Inc.

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has entered into a Consent Agreement with T-Mobile US, 
Inc. (T-Mobile US), which formed following the merger of MetroPCS 
Communications, Inc. (MetroPCS) and T-Mobile USA, Inc. (T-Mobile USA), 
to resolve violations of the Clean Water Act (CWA), the Emergency 
Planning and Community Right-to-Know Act (EPCRA), the Clean Air Act 
(CAA), the Resource Conservation and Recovery Act (RCRA), and their 
implementing regulations.
    The Administrator is hereby providing public notice of this Consent 
Agreement and proposed Final Order (CAFO), and providing an opportunity 
for interested persons to comment on the CWA, EPCRA, CAA and RCRA 
portions of the CAFO, pursuant to CWA Section 311(b)(6)(C), 33 U.S.C. 
1321(b)(6)(C). Upon closure of the public comment period, the CAFO and 
any public comments will be forwarded to the Agency's Environmental 
Appeals Board (EAB).

DATES: Comments are due on or before August 19, 2013.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OECA-2013-0170, by one of the following methods:
    www.regulations.gov: Follow the online instructions for 
submitting comments.
     Email: docket.oeca@epa.gov, Attention Docket ID No. EPA-
HQ-OECA-2013-0170.
     Fax: (202) 566-9744, Attention Docket ID No. EPA-HQ-OECA-
2013-0170.
     Mail: Enforcement and Compliance Docket Information 
Center, Environmental Protection Agency, Mailcode: 2822T, 1200 
Pennsylvania Avenue NW., Washington, DC, 20460, Attention Docket ID No. 
EPA-HQ-OECA-2013-0170.
     Hand Delivery: Enforcement and Compliance Docket 
Information Center in the EPA Docket Center (EPA/DC), EPA West, Room B 
3334, 1301 Constitution Avenue NW., Washington, DC The EPA Docket 
Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
Reading Room is (202) 566-1744, and the telephone number for the 
Enforcement and Compliance Docket is (202) 566-1927. Such deliveries 
are only accepted during the Docket's normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OECA-
2013-0170. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through www.regulations.gov. The 
www.regulations.gov Web site is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through www.regulations.gov, your email 
address will be automatically captured and included as part of the 
comment that is placed in the public docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket, visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the 
www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
at www.regulations.gov or in hard copy at the Enforcement and 
Compliance Docket Information Center in the EPA Docket Center (EPA/DC), 
EPA West, Room B 3334, 1301 Constitution Avenue NW., Washington, DC The 
EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 
p.m., Monday through Friday, excluding legal holidays. The telephone 
number for the Reading Room is (202) 566-1744, and the telephone number 
for the Enforcement and Compliance Docket is (202) 566-1927.

FOR FURTHER INFORMATION CONTACT: Michael Calhoun, Special Litigation 
and Projects Division (2248-A), U.S. Environmental Protection Agency, 
1200 Pennsylvania Avenue NW., Washington, DC 20460; telephone: (202) 
564-6031; fax: (202) 564-9001; and email: calhoun.michael@epa.gov.

Background

    This proposed settlement agreement is the result of voluntary 
disclosures of CWA, EPCRA, CAA, and RCRA violations by MetroPCS to the 
Special Litigation and Projects Division (SLPD) in the Office of Civil 
Enforcement. MetroPCS was a wireless telecommunications company that 
used Distributed Antenna System (DAS) network facilities to provide 
wider wireless coverage and increase indoor WiFi capacity where 
alternate technologies are infeasible due to terrain or zoning 
challenges for cell tower placement. T-Mobile US is a 
telecommunications company organized under the laws of the State of 
Delaware which formed as a result of the May 1, 2013 merger of MetroPCS 
and T-Mobile USA.
    On December 31, 2009, EPA and MetroPCS entered into a corporate 
audit agreement pursuant to EPA's policy on Incentives for Self-
Policing: Discovery, Disclosure, Correction and Prevention of 
Violations (Audit Policy), 65 FR 19618 (Apr. 11, 2000), regarding 88 
office buildings, warehouses, and DAS facilities located in 11 states 
(first phase). EPA and MetroPCS subsequently amended the audit 
agreement on November 4, 2010, to add to the audit 11,715 cell site 
facilities and two switch sites located in 15 states (second phase). A 
final list of all disclosed and corrected violations is provided in 
Attachment A to the CAFO.

Proposed Settlement

    EPA determined that MetroPCS' disclosures satisfied all the 
conditions set forth in the Audit Policy, and therefore qualify for a 
100% reduction of the civil penalty's gravity component. Pursuant to 
the settlement agreement, EPA proposes to waive the gravity-based 
penalty. T-Mobile US has agreed to pay

[[Page 42943]]

a civil penalty of $16,913 for the violations identified in Attachment 
A. This figure is the calculated economic benefit of noncompliance 
based on information provided by MetroPCS and use of the Economic 
Benefit (BEN) computer model. Of this amount, $11,441 is attributable 
to EPCRA violations, $3,777 is attributable to CWA violations, $1,543 
is attributable to CAA violations, and $152 is attributable to RCRA 
violations.
    EPA and T-Mobile US negotiated the proposed Consent Agreement in 
accordance with the Consolidated Rules of Practice, 40 CFR Part 22, 
specifically 40 CFR 22.13(b) and 22.18(b) (In re: T-Mobile US, Inc., 
EPCRA-HQ-2013-8004; CWA-HQ-2013-8004; CAA-HQ-2013-8004; and RCRA-HQ-
2013-8004). This Consent Agreement is subject to public notice and 
comment under Section 311(b)(6)(C) of the CWA, 33 U.S.C. 1321(b)(6)(C). 
The procedures by which the public may comment on a proposed CWA Class 
II penalty order, or participate in a Class II penalty proceeding, are 
set forth in 40 CFR 22.45. The deadline for submitting public comment 
on this proposed final order is August 19, 2013. All comments will be 
transferred to the EAB for consideration. The EAB's powers and duties 
are outlined in 40 CFR 22.4(a).

Disclosed and Corrected Violations

CWA

    MetroPCS violated CWA Section 311(j), 33 U.S.C. 1321(j), and the 
regulations found at 40 CFR Part 112, because it failed to prepare and 
implement Spill Prevention, Control, and Countermeasure (SPCC) Plans 
for two facilities identified in Attachment A (720 2nd St, Suite 1200, 
Oakland, CA 94607 and 2990 Gateway Drive, Suite 950, Norcross, GA 
30071).
    Under CWA Section 311(b)(6)(A), 33 U.S.C. 1321(b)(6)(A), any owner, 
operator, or person in charge of a vessel, onshore facility, or 
offshore facility from which oil is discharged in violation of CWA 
Section 311(b)(3), 33 U.S.C. 1321(b)(3), or who fails or refuses to 
comply with any regulations that have been issued under CWA Section 
311(j), 33 U.S.C. 1321(j), may be assessed an administrative civil 
penalty of up to $177,500 by EPA. Class II proceedings under CWA 
Section 311(b)(6) are conducted in accordance with 40 CFR Part 22. As 
authorized by CWA Section 311(b)(6), 33 U.S.C. 1321(b)(6), EPA has 
assessed a civil penalty for these violations.
    Pursuant to CWA Section 311(b)(6)(C), 33 U.S.C. 1321(b)(6)(C), EPA 
will not issue an order in this proceeding prior to the close of the 
public comment period.

EPCRA

    MetroPCS disclosed that it violated Sections 302(c) and 303(d) of 
EPCRA, 42 U.S.C. 11002(c) and 11003(d), and the implementing 
regulations found at 40 CFR Part 355, at 24 facilities listed in 
Attachment A when it failed to properly provide emergency planning 
notifications for these facilities. Such notification is mandatory when 
extremely hazardous substances are present at a facility in an amount 
equal to or greater than the materials' threshold planning quantities. 
These violations constitute one-time violations.
    MetroPCS violated Section 311(a) of EPCRA, 42 U.S.C. 11021(a), and 
the implementing regulations found at 40 CFR Part 370, at 24 facilities 
listed in Attachment A when it failed to submit a Material Safety Data 
Sheet(s) (MSDS) for a hazardous chemical(s) and/or an extremely 
hazardous substance(s) or, in the alternative, a list of such 
chemicals, to the local emergency planning committee (LEPC), the state 
emergency response commission (SERC), and the fire department with 
jurisdiction over these facilities. In addition, MetroPCS disclosed 
that it violated Section 312(a) of EPCRA, 42 U.S.C. 11022(a), and the 
regulations found at 40 CFR Part 370, at 24 facilities listed in 
Attachment A by failing to prepare and submit emergency and chemical 
inventory forms (Tier I or Tier II, as described in 40 CFR Part 370) to 
the LEPC, SERC, and the fire department with jurisdiction over these 
facilities.
    Under EPCRA Section 325, 42 U.S.C. 11045, the Administrator may 
issue an administrative order assessing a civil penalty against any 
person who has violated applicable emergency planning or right-to-know 
requirements, or any other requirement of EPCRA. Proceedings under 
EPCRA Section 325 are conducted in accordance with 40 CFR Part 22. EPA, 
as authorized by EPCRA Section 325, 42 U.S.C. 11045, has assessed a 
civil penalty for these violations.

CAA

    MetroPCS violated the federally-approved New Jersey and 
Pennsylvania State Implementation Plan (SIP) requirements for failure 
to comply with recordkeeping and permitting requirements for its 
emergency generators at five facilities listed in Attachment A. Section 
110(a)(1) of the CAA, 42 U.S.C. 7410(a)(1), requires states to submit 
plans to implement, maintain, and enforce ambient air quality 
standards. Both the New Jersey and Pennsylvania SIPs include 
requirements approved by EPA under Section 110 of the CAA, 42 U.S.C. 
7410. As detailed below, these provisions were incorporated into the 
respective SIPs and are therefore federally-enforceable.
    At the time of the violations, the New Jersey SIP included a 
provision, N.J.A.C. 7:27 Section 19.11, stating that emergency 
generators are subject to specific on-site recordkeeping requirements, 
effective March 7, 2007. This provision was federally-approved on July 
31, 2007, and became federally-enforceable on August 30, 2007 (72 Fed. 
Reg. 41626). MetroPCS owned or operated a facility in Pennsauken, New 
Jersey that failed to keep on-site operating records for its emergency 
generator in accordance with N.J.A.C. 7:27 Section 19.11.
    At the time of the violations, the Pennsylvania SIP included a 
provision, City of Philadelphia Air Management Regulation I, Section 
II, stating that air contaminant sources must apply for an installation 
permit and operating license. This provision was federally-approved and 
became federally-enforceable on May 4, 1974 (40 Fed. Reg. 41787). 
MetroPCS owned or operated four (4) facilities in Philadelphia, 
Pennsylvania that failed to apply for an installation permit and 
operating license as required by the City of Philadelphia Air 
Management Regulation I, Section II.
    MetroPCS violated the federally-approved SIP requirements which 
were approved by EPA pursuant to CAA Section 110, 42 U.S.C. 7410. 
MetroPCS is therefore subject to federal enforcement under CAA Section 
113(d), 42 U.S.C. 7413(d). EPA, as authorized by CAA Section 113(d), 42 
U.S.C. 7413(d), may assess a civil penalty for these violations. Under 
CAA Section 113(d), 42 U.S.C. 7413(d), the Administrator may issue an 
administrative order assessing a civil penalty against any person who 
has violated an applicable requirement of the CAA, including any rule, 
order, waiver, permit or plan. Proceedings under CAA Section 113(d) are 
conducted in accordance with 40 CFR Part 22. EPA, as authorized by the 
CAA, has assessed a civil penalty for these violations.

RCRA

    MetroPCS violated Section 3002 of RCRA, 42 U.S.C. 6922, and the 
regulations found at 40 CFR 273.13--.15 (universal waste requirements 
for the storage, labeling, and inventory of lamps and batteries), and 
the federally-

[[Page 42944]]

authorized state regulations at one facility in Florida (Fla. Admin. 
Code Ann. R. 62-730.185), one facility in Georgia (Section 391-3-11.18 
of the Georgia Hazardous Waste Management Rules (GHWMR)), and one 
facility in New York (Title 6 of the New York Codes, Rules, and 
Regulations, Section 374-3.2), as identified in Attachment A. MetroPCS 
also disclosed that it violated Section 3002 of RCRA, 42 U.S.C. 6922, 
and the regulations found at 40 CFR 273.16, at one facility in Florida 
(Fla. Admin. Code Ann. R. 62-730.185) and one facility in Georgia 
(Section 391-3-11.18 of the GHWMR), by failing to train employees in 
proper identification and management of universal waste. Proceedings 
under RCRA Section 3008, 42 U.S.C. 6928, are conducted in accordance 
with 40 CFR Part 22. EPA, as authorized by RCRA Section 3008(g), 42 
U.S.C. 6928(g), has assessed a civil penalty for these violations.

List of Subjects

    Environmental Protection.

    Dated: June 21, 2013.
Andrew R. Stewart,
Acting Director, Special Litigation and Projects Division, Office of 
Civil Enforcement, Office of Enforcement and Compliance Assurance.
[FR Doc. 2013-17302 Filed 7-17-13; 8:45 am]
BILLING CODE 6560-50-P
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