UNITED STATES 

ENVIRONMENTAL PROTECTION AGENCY 

BEFORE THE ENVIRONMENTAL APPEALS BOARD 

fN THE MATTER OF 

Comcast Cable Communications, L.L.C. 

170 I John F. Kennedy Boulevard 

Philadelphia, PA 19103 

Respondent 

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Docket No. EPCRA-HQ-20 15-800 I 

CW A-HQ-20 15-800 I 

CONSENT AGREEMENT 

I. Preliminary Statement 

I. Complainant, the United States Environmental Protection Agency ("Complainant" or 

'·EPA .. ) and Respondent, Comcast Cable Communications, L.L.C. ("'Respondent" or "Comcast 

Cable"), having consented to the terms of this Consent Agreement ("Agreement"), and before 

the taking of any testimony and without the adjudication of issues of law or fact herein, agree to 

comply with the terms of this Agreement and attached proposed Final Order hereby incorporated 

by reference. 

2. Respondent notified EPA of noncompliance with reporting requirements under Sections 

302, 3 11 and 312 of the Emergency Planning and Community Right-to-Know Act (EPCRA) at 

thirteen of its communication and network facilities. Respondent self-disclosed these violations 

pursuant to EPA's policy entitled Incentives for Self-Policing: Discovery, Disclosure, Correction 

and Prevention of Violations (Audit Policy), 65 Fed. Reg. 19,618 (Apr. 11, 2000) in a letter 

dated July 15,20 14. 

3. In its letter dated July 15, 20 14, Respondent proposed to complete environmental audits 

at an additional22 1 facilities and, as requested by EPA, provided a list offacilities to be audited 

in an electronic message dated August 8, 2014. In a telephone conversation on August 11 , 20 14, 

EPA agreed to Respondent's proposal to complete the audits of the additional facilities by 

September 15, 2014 and submit a final report to EPA by December 5, 2014. 

4. EPA granted Respondent's request for an extension of the due date for submittal of its 

final audit report to January 6, 20 15 in an electronic mail message dated December 4, 2014. 

5. On January 5, 2015, pursuant to EPA's Audit Policy, Respondent submitted a final audit 

report, voluntarily disclosing to EPA violations of: 

A. Clean Water Act (CWA) Section 31 1 (j), 33 U.S.C. § 1321 (j); 

B. Emergency Planning and Community Right-to-Know Act (EPCRA) 

Section 302, 42 U.S.C. § II 002; 
C. EPCRA Section 31 1, 42 U.S.C. § 11 021; and 

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

Respondent ultimately audited a total of286 facilities within 60 days of its July 

15, 20 14 letter, as documented in Respondent's January 5, 20 15 final audit report. 

6. Respondent's final audit report summarized steps taken to prevent recurrence of any 

violations after they had been disclosed. Respondent's disclosures resulted in a final list of 

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

subject of this Agreement. 

7. The disclosures listed in Attachment A have been detem1ined by EPA to satisfy all the 

conditions set forth in the Audit Policy. These violations therefore qualify for a I 00% reduction 

of the civil penalty's gravity component, described urther in Sections Ill - V of this Agreement. 

8. Respondent, defined above, is a telecommunications company that owns or operates the 

facilities at issue in this Agreement. 

II. Jurisdiction 

9. The parties agree to the commencement and cone I us ion 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, and more specifically by 40 

C.F.R. §§ 22. 13(b) and 22.18(b )(2)-(3). . 

I 0. Respondent agrees that Complainant bas the jurisdiction to bring an administrative 

action, based upon the facts that Respondent provided, for these violations and for the 

assessment of civil penalties pursuant to CWA Section 3ll(b)(6)(A)-(B), 33 U.S.C. 

§§ 132I (b)(6)(A)-(B) and EPCRA Section 325(c). 42 U.S.C. § 11045(c). 

11. Respondent hereby waives its right to request a judicial or administrati ve hearing on any 

issue of law or fact set forth in this Agreement and its right to judicial review of the proposed 

Final Order accompanying this Agreement. 

12. For purposes of this proceeding, Respondent admits that EPA has j urisdiction over the 

subject matter that is the basis of this Agreement. 

13. Respondent neither admits nor deni es the conclusions of law as set forth in this 

Agreement. 

ll l. Statements of Fact 

14. Respondent is a telecommunications company organized under the laws of the State of 

Delaware. 

2 
15. Respondent is among the largest providers of cable services in the United States, offering 

a variety of entertainment, information and communications solutions to residential and 

commercial customers, and is located at 1701 John F. Kennedy Boulevard, Philadelphia, PA 

19103, and is incorporated in the State of Delaware. 

16. Pursuant to EPA's Audit Policy, Respondent hereby certifies and warrants as true for all 

the violations listed in Attachments A and B the following facts upon which this Agreement is 

based: 

A. The violations were discovered through an audit or through a compliance 

management system reflecting due diligence; 

B. The violations were discovered voluntarily; 

C. The violations were promptly disclosed to EPA in writing; 

D. The violations were disclosed prior to commencement of an agency 

inspection or investigation, notice of a citizen suit, filing of a complaint by 

a third party, reporting of the violations by a "whistleblower" employee, 

or imminent discovery by a regulatory agency; 

E. The violations have been corrected; 

F. Appropriate steps have been taken to prevent a recurrence of the 

violations; 

G. The specific violations (or closely related violations), identified in 

Attaclunents A and B, have not occurred within three years of the date of 

disclosure identified in Section I, Paragraphs 2, 3, and 4 above, at the 

same facilities that are the subject of this Agreement, and have not 

occulTed within five years of the date of disclosure identified in Section I, 

Paragraphs 2, 3, and 4 above, as part of a pattern at multiple facilities 

owned or operated by Respondent. For the purposes of Subparagraph G, a 

violation is: 

(i) Any violation of federal, state, or local environmental law 

identified in a j udicial or administrative order, consent agreement 

or order, complaint, or notice of violation, conviction or plea 

agreement; or 

(ii) Any act or omission for which the regulated entity has previously 

received penalty mitigation from EPA or a state or local agency; 

H. The violations have not resulted in serious actual harm nor presented an 

imminent and substantial endangerment to human health or the 

3 
environment and they did not violate the specific terms of any judicial or 

administrative Final Order or Agreement; and 

I. Respondent has cooperated as requested by EPA. 

IV. Conclusions of Law 

EPCRA 

17. Respondent is a person as defined in EPCRA Section 329(7), 42 U.S.C. § 11 049(7), and 

is the owner or operator of the facilities as defined in EPCRA Section 329(4), 42 U.S.C. 

§ 11049(4), which are listed in Attachment A, hereby incorporated by reference. 

18. Section 302(c) ofEPCRA, 42 U.S.C. § ll002(c), and the regulations found at 40 C.F.R. 

Part 355, require the owner or operator of a faci li ty at which an extremely hazardous substance is 

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

Response Commission (SERC) that the facility is subject to the requirements of EPCRA 

§ 302(c). 

19. Section 3 11 (a) ofEPCRA, 42 U.S.C. § 11 02 1(a), and the implementing 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 1970. 29 U.S.C. §§ 651-678 ("OSH Act"), and 

regulations promulgated under the OSH Act, to submit the MSDS, or in the alternative, a list of 

such hazardous chemicals to the appropriate Local Emergency Planning Committee ("LEPC''), 

the State Emergency Response Commission ("SERC"), and to the fire department with 

jurisdiction over the faci lity by October 17, 1987, or within three months of first becoming 

subject to EPCRA Section 31 1 requirements. 

20. Section 312(a) of EPCRA, 42 U.S.C. § II 022(a), and the implementing 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 an MSDS for a hazardous chemical under the OSH Act and regulations 

promulgated under the OSH Act, to prepare and submit an emergency and hazardous chemical 

inventory form containing the information required by the regulations at 40 C.F.R. Part 370 to 

the appropriate LEPC, SERC, and to the fire department with jurisdiction over the facility by 

March I, 1988 (or March I of the first year after the facility first becomes subject to EPCRA 

§ 3 12 requirements), and annually thereafter. The inventory form contains "Tier I" or "Tier II " 

information, pursuant to Section 3 12 of EPCRA, 42 U.S.C. § II 022, and 40 C.F.R. Part 370. 

21. The facilities at issue in this Agreement are "facilities" as defined in Section 329(4) of 

EPCRA, 42 U.S.C. § II 049(4), and 40 C.F.R. § 370.66, and subject to Sections 311 and 312 of 

EPCRA and regulations promulgated thereunder. 

22. Diesel fuel, lead and sulfuric acid are "hazardous chemicals," as defined in Sections 

311 (e) and 329(5) of EPCRA, 42 U.S.C. §§ ll021(e), 11 049(5), and 40 C.F.R. § 370.66. 

4 
Sulfuric acid is also listed, in the appendices to 40 C.F.R. Part 355, as an "extremely hazardous 

substance" ("EHS"), as defined in 40 C.F.R. § 370.66. 

23 . As set forth in 40 C.F.R. § 370.1 O(a)(2), the rep011ing threshold amount for hazardous 

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

(I 0,000) pounds. The reporting threshold, therefore, for diesel fuel and lead is ten thousand 

(I 0,000) pounds. As set fot1h in 40 C.F.R. § 370. 1 O(a)(2), for extremely hazardous substances 

(EI-IS) present at the faci I ity, the reporting threshold is five hundred (500) pounds or the 

threshold planning quantity (TPQ) as de fined in 40 C.F.R Part 355, whichever is lower.. The TPQ 

for sulfuric acid is one thousand (1,000) lbs. Here, where the reporting threshold is lower than 

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

24. The information supplied by Respondent indicates that, for varying lengths of time from 

2006 through 20 14, sulfuric acid, diesel fuel and/or lead in excess of the threshold amounts were 

present at the facilities listed in Attachment A. 

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

information supplied to EPA by Respondent, for varying lengths of time between 2006 and 20 14, 

Respondent violated EPCRA Section 302(c), 42 U.S.C. § II 002(c), and the regulations found at 

40 C.F.R. § 355 when it failed to prepare and submit emergency and chemical inventory forms 

for six (6) facilities, to the LEPC and the SERC with jurisdiction over these facilities; EPCRA 

Section 3l l(a), 42 U.S.C. § 1102J(a), and the regulations found at 40 C.F.R. Part 370, when it 

failed to submit an MSDS for a hazardous chemical(s) and extremely hazardous chemical(s) for 

twenty-two (22) facilities, to the LEPC, SERC, and/or the fire department with jurisdiction over 

these facilities, as identified in Attachment A; and violated EPCRA Section 3 12(a), 42 U.S.C. 

§ II 022(a), and the regulations found at 40 C.F.R. Part 370 at twenty-six (26) facilities, by 

failing to prepare and submit emergency and chemical inventory forms to the LEPC, the SERC 

and/or the fire department with jurisdiction over each facility for various Reporting Years 

between 2006 and 2014, as identified in Attachment A. These violations were corrected in 201 4 

and 20 15. 

26. Respondent is a person within the meaning of CW A Section 3 I 1 (a)(7), 33 U.S.C. 

§ 132 1 (a)(7), and 40 C.F.R. § I I 2.2, and is the owner or operator, as defined by CWA Section 

3 11 (a)(6). 33 U.S.C. § 1321(a)(6), and 40 C.F.R. § I 12.2, of the ten (10) facilities described in 

Attachment B, hereby incorporated by reference. 

27. The regulations at 40 C.F. R. § I 12. 1 through § I 12.7, which implement CW A Section 

31 1U)( I)(c), 33 U.S.C. § 132 1U)(l)(C), set forth procedures, methods and requirements to 

prevent the discharge of oil from non-transportation-related facil ities 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. 

5 
28. 40 C.F.R. § 11 2.3(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 Plan ("SPCC Plan"). 

29. Respondent is engaged in storing or consuming oil or oil products at the ten ( 1 0) 

facilities, described in Attachment B, in quantities that "may be harmful," as defined by 40 

C.F.R. § 11 0.3. 

30. The faci lities described in Attachment Bare onshore facilities within the meaning of 

Section 3 ll(a)(l0) ofthe CWA, 33 U.S.C. § 132 l(a)(l0), and 40 C.F.R. § 11 2.2, which, due to 

their location, could reasonably be expected to discharge oil to a navigable water of the United 

States (as defined by Section 502(7) ofthe CWA, 33 U.S.C. § 1362(7), and 40 C.F.R. § 110.1) or 

its adjoining shoreline that may either ( 1) violate applicable water quality standards or (2) cause 

a film or sheen or discoloration of the surface of the water or adjoining shorelines or cause a 

sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines. 

31. Based on the above, and pursuant to CW A Section 3 11 U)( 1 )(C) and its implementing 

regulations, Respondent is subj ect to the requirements of 40 C.F.R. § 11 2. 1 through§ 112.7 at 

the ten (10) faci lities listed in Attachment B. 

32. EPA hereby states and alleges that, based on the information supplied by Respondent, for 

varying lengths of time between 2005 and 2014, Respondent violated the CW A at ten ( 1 0) 

facilities identified in Attachment B by failing to prepare or revise an SPCC Plan as required by 

CWA Section 311 U)(l)(C), 33 U.S.C. § 1321U)(l)(C), and the regulations found at 40 C.F.R. 

§ 112.1 through § 112.7. 

V. Civil Penalty 

33. 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 for those violations described in 

Attachments A and B and thereby qualifies for a I 00% reduction of the gravity component of the 

civil penalty that otherwise would apply to these violations. EPA alleges that the gravity 

component of the civil penalty for violations described in Attachments A and B would ordinarily 

be $448,659. Of that potential penalty, $96,800 is attributable to CW A violations, and $351 ,859 

is attributable to EPCRA violations. EPA alleges that this gravity component is potentially 

assessable agai nst Respondent for the violations described in Attachments A and B. Pursuant to 

the Audit Policy, however, EPA will waive 100% of the gravity-based penalties potentially 

assessable for the· violations in Section 1V and Attachments A and B. 

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

economic benefit Respondent gained as a result of its noncompliance. Based on information 

provided by Respondent and use of the Economic Benefit (BEN) computer model, for the 

violations described in Attachments A and B, EPA has determined that Respondent obtained an 

economic benefit of $28,782 as a result of its noncompliance in this matter. Of this amount, 

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$22,393 is attributable to CWA violations, and $6,389 is attributable to EPCRA violations. 

Pursuant to the Audit Policy, EPA will assess a penalty equi valent to the economic benefit for 

the violations listed in Attachments A and B. 

35. Accordingly, the civil penalty agreed upon by the parties for settlement purposes is 

$28,782. 

VI. Terms of Settlement 

36. As further defined in Paragraphs 36 and 37 below, Respondent agrees to pay a civil 

penalty in the sum ofTWENTY-EIGHT THOUSAND SEVEN HUNDRED EIGHTY-TWO 

DOLLARS ($28, 782) for the violations alleged herein within thitty (30) calendar days of 

issuance of the Final Order (i.e., the effective date ofthis Consent Agreement and attached Final 

Order) by the Environmental Appeals Board ("EAB"). See 40 C.F.R. § 22.3 1 (c). 

For payment of the civil penalties related to the EPCRA violations, Respondent shall pay the 

amount of S IX THOUSAND THREE HUNDRED EIGHTY-NINE DOLLARS ($6,389.00) 

using one of the following instructions: 

A. Via U.S Postal Service regular mail of a certified or cashier's check, made payable to the 

·'United States Treasury," sent to the following address: 

United States Environmental Protection Agency 

Fines and Penalties 

Cincinnati Finance Center 

Post Office Box 979077 

St. Louis, MO 63197-9000 

The check sha ll indicate that it is for " In re: In the Matter of Comcast Cable Communications, 

LLC (Docket No. EPCRA-HQ-2015-8001)." 

B. Via overnight delivery of a cettified or cashier's check, made payable to the 

"United States Treasury," sent to the following address: 

United States Environmental Protection Agency 

Fines and Penalties 

U.S. Bank 

I 005 Convention Plaza 

Mail Station SL-MO-C2-GL 

St. Louis, MO 63 10 I 

The check shall indicate that it is for " In re : In the Matter ofComcast Cable Communications, 

LLC (Docket No. EPCRA-HQ-20 15-800 I)." 

The U.S. Bank customer service contact for both regular mail and overnight delivery is Natalie 

Pearson, who may be reached at 31 4-418-4087. 

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

Federal Reserve Bank ofNew York 

Account Number: 68010727 

ABA Number: 021030004 

SWIFT address = FRNYUS33 

33 Liberty Street 

New York, NY 10045 

Field Tag 4200 of the Fedwire message shall read "D 68010727 Environmental 

Protection Agency-Comcast Cable Communications LLC, Docket No. EPCRAHQ-20 15-8001 ." 

The Federal Reserve customer service contact may be reached at 2 12-720-5000. 

D. Via automatic clearinghouse (ACH), also known as Remittance Express (REX), to the 

following account: 

US Treasury/Cashlink ACH Receiver 

ABA No. 05136706 

Account 3 1 0006, Environmental Protection Agency 

CTX format Transaction Code 22 - checking 

Physical location of the United States Treasury facility: 

5700 Rivertech Court 

Riverdale, MD 20737 

The Finance Center customer service contact, Jesse White, may be reached at 30 1-887-

6548. 

E. Via on-line payment (from bank account, credit card, debit card): 

Website: www.pav.gov 

Enter "Sf O·I.I " in the search field. 

Open the form and complete the required fields (marked with an asterisk). 

Under "Type of Payment," choose "Civil Penalty." 

Under " Invoice#" type "Comcast Cable Communications, LLC, Docket No. 

EPCRA -HQ-20 15-8001, " into the "Court # or Bill #" subfi eld. 

Leave the other subfields blank. Under " Installments?" choose "No." 

Under "Region," type "HQ." 

Payment by check or '>Vire transfer shall bear the case docket number "Comcast Cable 

Communications, L.L.C., Docket No. EPCRA-HQ-2015-800 l :· 

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37. In payment ofthe civil penalty related to the CWA SPCC violations, Respondent shall, 

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

in the amount ofTWENTY-TWO THOUSAND THREE HUNDRED AND NINETYTHREE DOLLARS ($22,393) made payable to the "Environmental Protection Agency," and 

bearing the notation "OSLTF-311" to: 

United States Environmental Protection Agency 

Fines and Penalties 

Cincinnati Finance Center 

Post Office Box 979077 

St. Louis, MO 63197-9000 

The check shall indicate that it is for " In the Matter of Comcast Cable Communications. 

L.L.C., Docket No. CWA-HQ-2015-8001." 

Alternatively, Respondent shall pay TWENTY-TWO THOUSAND THREE 

HUNDRED AND NINETY-THREE DOLLARS ($22,393) via wire transfer with a 

notation of"In the Maner ofComcast Cable Communications. L.L.C., Docket No. CWAHQ-2015-8001 " to the Federal Reserve Bank ofNew York using the following 

instructions: 

Federal Reserve Bank of New York 

ABA Number: 021030004 

Account Number: 680 I 0727 

SWIFT address: FRNYUS33 

33 Liberty Street 

New York, NY 10045 

Field Tag 4200 of the wire transfer shall read "D 680 I 0727 Environmental 

Protection Agency." 

38. Respondent shall forward evidence of the checks, wire transfers, and/or internet-based 

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

9 
Beth Cavalier 

Special Litigation and Projects Division (2248-A) 

Office of Enforcement and Compliance Assurance 

U.S. Environmental Protection Agency 

1200 Pennsylvania Ave, N.W. 

Ariel Rios Building, Room 31 19C 

Washington, DC 20460 

and 

Clerk, Environmental Appeals Board 

U.S. Environmental Protection Agency 

MC 11038 

1200 Pennsylvania Avenue, N.W. 

Washington, DC 20460 

39. Pursuant to 3 1 U.S.C. § 37 17, EPA is entitled to assess interest and penalties on debts 

owed to the United States and a charge to cover the cost of processing and handling a delinquent 

claim. Interest will therefore begin to accrue on the civil penalty from the elate that the EAB 

issues the Final Order, if the penalty is not paid by the date required. Interest will be assessed at 

the rate of the United States Treasury tax and loan rate in accordance with 40 C.F. R. § 13 .ll. A 

charge will be assessed to cover the costs of debt collection, including processing and handling 

costs and attorney fees. ln addition, a penalty charge of 12 percent ( 12%) per year compounded 

annually will be assessed on any portion of the debt that remains delinquent more than ninety 

(90) days after payment is due. 

40. 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 complied with its obligations 

under Section VI, Paragraphs 35, 36 and 3 7 of this agreement. 

41. For the purposes of state and fede ral 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. 

VII. Severability 

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

Respondent has certified to certain facts. The parties agree that, if and to the extent that EPA 

determines that any information or certification provided by Respondent is materially false or 

inaccurate, the portion of this Agreement pertaining to the affected facilities, including 

mitigation of the proposed penalty, may be voided or this entire Agreement may be declared null 

and void at EPA's election, and EPA may proceed with an enforcement action. 

10 
43. The parties agree that Respondent reserves all of its rights should this Agreement be 

voided in whole or in part. The parties further agree that Respondent's obligations under this 

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

(EAB); provided, however, that in the event that the EAB expresses any objections to, or its 

intent to reject, this Agreement, the parties agree that they shall exercise their mutual best efforts 

to address and resolve the EAB's objections. 

VII. State and Public Notice 

44. The parties acknowledge that the settlement portions of this Agreement which pertain to 

the CWA violations are, pursuant to CWA Section 3Il(b)(6)(C)(i), 33 U.S.C. 

§ 1321 (b)(6)(C)(i), subject to public notice and comment requirements. Furthermore, the parties 

acknowledge and agree that EPA will also provide. public notice ofthe EPCRA portions of this 

Agreement. Should EPA receive comments regarding the issuance of the proposed Final Order 

assessing the civil penalty agreed to in Section V, EPA shall forward such comments to 

Respondent within ten (1 0) days of the receipt of the public comments. 

VIT I. Reservation of Rights and Settlement 

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

Respondent of civil penalties as required by Paragraphs 35 through 37 shall resolve only the civil 

and administrative claims specified in Section IV and Attachments A and B. 

46. Nothing in this Agreement and the Final Order shall be construed to limit the authority of 

EPA and/or the United States to undertake any action against Respondent, in response to any 

condition which EPA or the United States detem1ines 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 

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

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

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

(acting in their official capacity), agents, successors and assigns. Except as provided for in 

Paragraph 47, any change in ownership or corporate status of Respondent including, but not 

limited to, any transfer of assets or real or personal property shall not alter Respondent's 

responsibilities under this Agreement, including the obligation to pay the civil penalty referred to 

in Section V. The obligation to pay civil penalties cannot be transferred under Paragraph 47. 

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

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

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

II 
construed to be a ruling on, or a determination of, any issue related to any federal , state or local 

permit. 

50. Except as provided in Paragraph 43, Respondent waives any rights it may have to contest 

the allegations contained herein and its right to seek judicial review of the Final Order 

accompanying this Agreement. 

51. The undersigned representative of each party to this Agreement certify that each is dul y 

authorized by the party whom it represents to enter into these terms and bind that party to it. 

FOR Complainant: 

Andrew R. Stewart 

Acting Director 

Special Litigation and Proj ects Division 

Office of Civil Enforcement 

Office of Enforcement and Compliance Assurance 

U.S. Environmental Protection Agency 

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FOR Respondent: 

42~ Douglas R. Gutlu·ie 

Senior Vice President, Big South Region 

Comcast Cable Communications, L.L.C 

H~r; 

Date 

13 

 L.L.C. 

Attachment A 

NITY RIGHT-TO-KNOW (EPCRA) NONCOMPLIANCE 

ZIP NATURE OF VIOLATION STATUTORY CITATION REGULATORY DATE DATE OF ACTIONS TAKEN TO CITATION · FEDERAL NONCOMPLIANCE RETURN TO RETURN TO 

BEGAN COMPLIANCE COMPLIANCE 

36607 

response 

Failure to 

commiSSIOn 

to notify the 

(SERC) 

state emergency EPCRA Sect•on 302(c). 42 U S.C. § 11002(c) and 40 C.F.R §§ 355, 370 5/ 31 /201 4 for 811412014 EPCRA §§ 302, 311 

facll1ty 1s subject to the reqwemen

that the EPCRA Sect1on 311(a), 42 U S.C. § 11021(a) EPCRA§ 302 No11ficat10ns subm1tted ts of Notificat•on for EPCRA Failure to submi for sulfuric acid and t a Material sulfuric acid: Safety Data Sheet lead. (MSDS) or a hst of 6130/2014 for chem1cals to the LEPC, SERC. and EPCRA§311 lire department with junsdiction over Nollficat•on for the facility as required by EPCRA. sulfunc acid and 

lead. 

30202 Failure to subm1t a Matenal Safety EPCRA Section 311(a). 42 U S.C. § 11021(a) and 40 C F.R § 370 1112012010 8/1512014 EPCRA§ 311 

Data Sheet (MSDS) or a hst of EPCRA Sect1on 312(a). 42 US C. § 11022(a) chem1cals to the LEPC. SERC, and Nollf1cat10n: T 1er II 

fire department with jurisd Report submitted for iction over 

the facihty. Failure sulfuric acid. to prepare and 

subm1t an emergency and hazardous 

chemical inventory form to the LEPC, 

SERC. and fire department with 

surisd1ct1on over the facihty 

30004 

Data 

Failure 

Shee

to s

t 

u

(

bmi

MSDS) 

t a M

or 

aterial 

a hst 

Sa

of 

fety EPCRA Section 311(a). 42 U.S.C. § 11021(a) and 40 C.F.R. §§ 355, 370 1112012010 8/1512014 EPCRA§311 EPCRA Section 312(a). 42 USC § 11022(a) chem1cals to the LEPC, SERC, and Notification. Tier II 

fire department with jurisdic Report submitted for tion over 

the facility. Failure to prepare and sulfunc acid. 

subm1t an emergency and hazardous 

chem1cal inventory form to the LEPC. 

SERC. and fire department with 

jurisdiction over the facility 

30022 Failure to submit a Matenal Safety EPCRA Section 311(a). 42 U.S.C. § 11021(a) and 40 C.F.R. §§ 355, 370 51212009 9/612014 EPCRA § 311 

Data Sheet (MSDS) or a hst of EPCRA Section 312(a). 42 U S.C § 11022(a) chem1cats to the LEPC, SERC Notij1cat1on: T1er II , and 

fire department with jurisdiction over Report submitted for 

the facility. Failure to prepare and sulfuric acid. 

subm1t an emergency and hazardous 

chem1cal inventory form to the LEPC. 

SERC, and fire department with 

jurisdiction over the facility 

30309 

Data 

Failu

Sheet 

re to s

(MSDS) 

ubmit a M

or 

ate

a 

rial 

list of 

Safety 

EPCRA 

EPCRA 

Sec

Section 311(a). 42 U.S.C. § 11021(a) and 40 C.F.R. §§ 355, 370 1112012010 811512014 EPCRA § 31 1 tion 312(a). 42 U.S C. § 11022(a) chem•cals to the LEPC. SERC, and Notification; Tier II 

fire department w1th jurisdic Report submitted for tion over 

the facility. Failure to prepare and sulfuric acid 

subm1t an emergency and hazardous 

chem1cal Inventory form to the LEPC. 

SERC, and fire department with 

jurisdiction over the facility. 

Page 1 of 6 

 L.L.C. Attachment A 

NITY RIGHT-TO-KNOW (EPCRA) NONCOMPLIANCE 

ZIP NATURE OF VIOLATION STATUTORY CITATION REGULATORY DATE DATE OF ACTIONS TAKEN TO 

CITATION · FEDERAL NONCOMPLIANCE RETURN TO RETURN TO 

BEGAN COMPLIANCE COMPLIANCE 

30339 Fa1lure to prepare and submit an EPCRA Section 312(a). 42 U.S.C § 11022(a) 40 C.F R § 370 3/1/2014 916/2014 Revised Tier II Report 

emergency and hazardous chemical submitted for sulfuric 

1nventory form to the LEPC. SERC. acod. lead, and unra low and fire department woth JUrtSd1Ct10n sulfur diesel (ULSO) over the facility 

30307 F a1lure to submit a Materoal Safety EPCRA Sect1on 311(a). 42 U.S.C. § 11021(a) and 40 C F R § 370 11/29/2010 12/24/2014 EPCRA § 311 Data Sheet (MSOS) or a list of EPCRA Sect1on 312(a). 42 U.S.C. § 11022(a) Notification: Tier II 

chem1cals to the LEPC, SERC, and Report submitted for fire department with jurosdiction over sulfuric ac1d. 

the facility. Failure to prepare and 

submit an emergency and hazardous 

chem1cal inventory form to the LEPC. 

SERC. and fire department with 

JUrtSdiC1ion over the facol1ty 

30342 Failure to subm1t a Material Safety EPCRA Sectoon 311(a). 42 U.S.C. § 11021(a) and 40 C.F R §§ 355, 370 5/2/2006 916/2014 EPCRA§311 Data Sheet (MSDS) or a list of EPCRA Section 312(a). 42 U.S.C. § 11022(a} Notification; Tier II chemicals to the LEPC, SERC, and Report submitted for fire department with jurosdiction over sulfuroc acid. 

the facility. Failure to prepare and 

submit an emergency and hazardous 

chemical inventory form to the LEPC, 

SERC, and fire department w1th 

JurisdiC1ion over the fac1hty. 

30904 Failure to prepare and submit an EPCRA Section 312(a). 42 U.S. C.§ 11022(a) 40 C.F.R. § 370 3/1/2014 9/6/2014 Revised Tier II Report 

emergency and hazardous chemical submitted for lead. 

inventory form to the LEPC. SERC. 

and fire department w1th jurosdiction 

over the facility 

30114 Failure to prepare and subm1t an EPCRA Sect1on 312(a). 42 U.S.C. § 11022(a) 40 C F R § 370 3/1/2013 8/15/2014 T 1er II Report subm1t1ed 

emergency and hazardous chem1cal for sulfuric acid. 

inventory form to the LEPC, SERC, 

and fire department w1th JUrisdiction 

over the facility. 

30132 F aiture to submit a Materoal Safety EPCRA Sect1on 31 1(a). 42 U.S.C. § 11021(a) and 40 C F R §§ 355, 370 6/30/2013 9/6/2014 EPCRA§311 Data Sheet (MSOS) or a lost of EPCRA Sect1on 312(a). 42 U.S.C. § 11022(a) Notrfication: Tier II 

chem1cals to the LEPC. SERC, and Report submitted for fire department woth JUOSdiCIJon over sulfunc aCid, the facility. Failure to prepare and 

submit an emergency and hazardous 

chemical inventory form to the LEPC, 

SERC, and fire department with 

jurisdiction over the facihty 

----

Page 2 of6 

L.L.C. Attachment A 

NITY RIGHT-TO-KNOW (EPCRA) NONCOMPLIANCE 

ZIP NATURE OF VIOLATION STATUTORY CITATION REGULATORY DATE DATE OF ACTIONS TAKEN TO 

CITATION· FEDERAL NONCOMPLIANCE RETURN TO RETURN TO 

BEGAN COMPLIANCE COMPLIANCE 

30260 Failure to to notify the state emergency EPCRA Section 302(c). 42 U.S.C. § 11002(c); EPCRA 40 C.F.R. §§ 355, 370 8/3 1/2011 9/6/2014 EPCRA§ 302 

response commission (SERC) that the Section 311(a). 42 U.S. C. § 11021(a); EPCRA Section Notification submitted 

facility is subject to the requirements of 312(a). 42 U.S.C. § 11022(a) for acid; EPCRA 

EPCRA. Failure to submit a Material § 311 Notification and 

Safety Data Sheet (MSDS) or a list of revised Tier II Report 

chemicals to the LEPC. SERC. and submitted for lead. 

fire department with jurisdiclion over 

the facility as required by EPCRA. 

Failure to prepare and submit an 

emergency and hazardous chemical 

inventory form to the LEPC, SERC. 

and fire department with jurisdiction 

over the facility. 

30071 Failure to submit a Material Safety EPCRA Section 311(a). 42 U.S.C. § 11021(a) and 40 C.F.R. § 370 8/30/2012 8/15/2014 EPCRA§ 31 1 Data Sheet (MSDS) or a list of EPCRA Section 312(a). 42 U.S.C. § 11022(a) Notification; Tier II 

chemicals to the LEPC. SERC. and Report submitted for 

fire department with jurisdiction over sulfuric acid. 

the facility. Failure to prepare and 

submit an emergency and hazardous 

chemical inventory form to the LEPC. 

SERC. and fire department with 

jurisdiction over the facility. 

30274 Failure to submit a Material Safety EPCRA Section 311(a). 42 U.S.C. § 11021(a) and 40 C.F.R. § 370 11/30/2010 8/15/2014 EPCRA§ 311 Data Sheet (MSDS) or a list of EPCRA $ection 312(a),' 42 U.S.C. § 11022(a) Notification; Tier II 

chemicals to the LEPC, SERC, and Report submitted for fire department with jurisdiction over acid. 

the facility. Failure to prepare and 

submit an emergency and hazardous 

chemical inventory form to the LEPC. 

SERC. and fire department with 

jurisdiction over the facility. 

30052 Failure to submit a Material Safety EPCRA Section 31 1(a). 42 U.S.C. § 11021(a) and 40 C.F.R. § 370 8/30/2012 8/15/2014 EPCRA§ 311 Data Sheet (MSDS) or a list of EPCRA Section 312(a). 42 U.S.C. § 11022(a) Notification: Tier II 

chemicals to the LEPC, SERC. and Report submitted for fire department with jurisdiction over acid. 

the facility. Failure to prepare and 

submit an emergency and hazardous 

chemical inventory form to the LEPC, 

SERC. and fire department with 

jurisdiction over the facility, 

Page 3 of 6 

 L.L.C. 

Attac hment A 

NITY RIGHT-TO-KNOW (EPCRA) NONCOMPLIANCE 

ZIP NATURE OF VIOLATION STATUTORY CITATION REGULATORY DATE DATE OF ACTIONS TAKEN TO 

CITATION · FEDERAL NONCOMPLIANCE RETURN TO RETURN TO 

BEGAN COMPLIANCE COMPLIANCE 

30083 

Data 

Failure to submit a Material Safely EPCRA Se<:tion 311(a). 42 U.S C § 11021(a) and 40 C.F.R. § 370 6/1/2012 8/15/2014 EPCRA§ 311 Sheet (MSDS) or a list of EPCRA Sect1on 312(a). 42 USC § 11022(a) 

NotificatiOn, Tier II chem1cals to the LEPC. SERC. and 

Report submitted for fire department with JUrisdiction over 

suHunc acid. the facility. F ailurc to prepare and 

submit an emergency and hazardous 

chem1cal inventory form to the LEPC. 

SERC, and fire department w1th 

jurisdiction over the facility. 

30083 Fa1lure to prepare and subm1t an EPCRA Section 312(a). 42 USC § 11022(a) 40 C FR.§ 370 311/2014 9/6/2014 Rev1sed T1er II Report emergency and hazardous chemical subm11ted for sulfunc inventory form to the LEPC, SERC, acid and lead. and fire department with jurisdiction 

over the facility. 

29405 Failure to to not1fy the state emergency EPCRA Section 302(c). 42 U.S.C 11002(c). EPCRA 40 C F R. §§ 355. 370 5/2/2014 for EPCRA 9/712014 Updated EPCRA § 302 response commi ssion (SERC) that the Sect1on 311(a), 42 U.S.C. § 1102 1(a); EPCRA Section § 311 Notification for Nollfcation submitted for facility is subject to the requirements of 31 2(a). 42 U.S.C. § 11022(a) EPCRA lead; 8/31/2014 for sulfunc acid; EPCRA § . Failure to submit a Matenal 

S EPCRA§ 311 311 Nottfication and afety Data Sheet (MSDS) or a hst of Notd1ca11on for rev1sed Tier II Report chemicals to the LEPC. SERC, and ULSD. subm1ned lor lead and fire department with jurisdiction over ULSD. the facility as reqUired by EPCRA. 

Fa1lure to prepare and subm1t an 

emergency and hazardous chem1cal 

1nventory form to the LEPC. SERC, 

and fire department with jurisdiction 

over the facility. 

37743 

Data 

Failure to submit a Material Safety EPCRA Section 311(a). 42 U.S.C. § 11021(a); EPCRA 40 C F.R. § 370 11/30/2013 9/9/2014 EPCRA § 311 Sheet (MSDS) or a llst of Section 312(a). 42 U S.C. § 11022(a) Nohf1cat1on, Tier II chemicals to the LEPC, SERC, and Report submitted for fire department w1th Jurisdiction over sulfunc acid. the facility. Failure to prepare and 

submit an emergency and hazardous 

chemical inventory form to the LEPC, 

SERC. and fire department With 

junsdiction over the facility. 

Page 4 of 6 

 L.L.C. Attachment A 

NITY RIGHT-TO-KNOW (EPCRA) NONCOMPLIANCE 

ZIP NATURE OF VIOLATION STATUTORY CITATION REGULATORY DATE DATE OF ACTIONS TAKEN TO 

CITATION- FEDERAL NONCOMPLIANCE RETURN TO RETURN TO 

BEGAN COMPLIANCE COMPLIANCE 

37615 Failure to to notify the state emergency EPCRA Sectoon 302(c). 42 U.S.C. 11002(c); EPCRA 40 C F.R §§ 355, 370 10/31/2012 for 8/ 15/201 4 EPCRA § 302 

response commissoon (SERC) that the Sectoon 311(a). 42 U.S C § 11021(a); EPCRA Section EPCRA § 302 Notdication and Toer II facohty os subject to the requirements of 312(a}. 42 U S C § 11022(a) Notofocatoon for Report submrtted for EPCRA. Failure to submit a Matenal 

su~uric acrd. sulfurrc acid; EPCRA Safety Data Sheet (MSDS) or a lost of 11/30/2012 for § 311 Notification chemicals to the LEPC, SERC, and EPCRA § 311 submotted for sulfurrc fore depanment wrth junsdrction over Notification for acod and lead the facility as requored by EPCRA sulfunc acod and Faolure to prepare and submit an lead. 

emergency and hazardous chemrcal 

inventory form to the LEPC. SERC. 

and fore department with jurisdoction 

over the facility. 

37917 Failure to to notify the state emergency EPCRA Scctron 302(c). 42 U.S.C. 11002(c); EPCRA 40 C.F.R. §§ 355, 370 10/31/2013 for 8/15/2014 EPCRA §§ 302 and 31 1 response commission (SERC) that the Section 311(a), 42 U.S.C. § 11021(a); EPCRA Section EPCRA§ 302 Notofoca tions submitted facoloty is subject to the requirements of 312(a), 42 US C. § 11022(a) Notificatron for for sulfuric acid and EPCRA Failure to submit a Matenal sulfuroc acod, lead, Trer II Report Safety Data Sheet (MSDS) or a lost of 11/30/2013 for submoned for su~unc chemrcals to the LEPC, SERC, and EPCRA §311 a cod fore department with jurisdiction over Notification for the facility as requored by EPCRA sulfunc acrd and Faolure to prepare and submit an lead. 

emergency and hazardous chemrcal 

onventory form to the LEPC. SERC. 

and fire department with jurisdiction 

over the facility. 

38115 F aolure to to notofy the state emergency EPCRA Sectoon 302(c), 42 U S.C. § 11002(c) and 40 C.F.R. §§ 355, 370 9/6/2014 for EPCRA 12/24/2014 EPCRA §§ 302 and 311 response commissron (SERC) that the EPCRA Sectoon 311(a), 42 U.S.C. § 11021(a) § 302 Notificatoon for Notifications submitled facility is subject to the requirements of su~uric acid; for sulfuric acid and EPCRA Failure to submit a Materral 10/6/2014 for lead Safety Data Sheet (MSDS) or a list of EPCRA§311 chemocals to the LEPC, SERC, and Notificatron for fire department wrth Jurisdiction over sulfuric acod and the facility as required by EPCRA. lead. 

---

Page 5 of 6 

L.L.C. Attachment A 

ITY RIGHT-TO-KNOW (EPCRA) NONCOMPLIANCE 

ZIP NATURE OF VIOLATION STATUJ"ORY CITATION REGULATORY DATE DATE OF ACTIONS TAKEN TO 

CITATION · FEDERAL NONCOMPLIANCE RETURN TO RETURN TO 

BEGAN COMPLIANCE COMPLIANCE 

38125 Failure to submit a Materoal Safety EPCRA Sectoon 311(a), 42 U.S.C § 11021(a) and 40 C.F R § 370 11/30/2007 8/15/2014 EPCRA§ 31 1 

Data Sheet (MSDS) or a lo st of EPCRA Sectoon 312(a). 42 U.S.C § 11022(a) Notifocat•on: Tier II 

chemicals to the LEPC. SERC. and Report submolled for fore department woth JUnsdoctoon over ULSD 

the facoloty. Failure to prepare and 

subm•t an emergency and hazardous 

chemical onventory form to the LEPC. 

SERC. and fire depanment w1th 

jurisdiction over the facility 

38115 Failure to prepare and subm1t an EPCRA Section 312(a), 42 U.S C § 11022(a) 40 C.F R § 370 3/ 1/2014 9/9/2014 Revosed Toer II Repon 

emergency and hazardous chemocal subm1lled for sulfuroc 

onventory form to the LEPC. SERC. acod and lead. 

and fire depanment with Jurosdoctoon 

over the facility. 

37214 Failure to prepare and submit an EPCRA Section 312(a). 42 U.S.C. § 11022(a) 40 C.F.R. § 370 3/1/2014 9/9/2014 Revised Tier II Repon 

emergency and hazardous chemical submitted for lead. 

inventory form to the LEPC. SERC, 

and fire department with 1unsdoction 

over the facility. 

37711 Faolure to to notify the state emergency EPCRA Sect•on 302(c), 42 U.S C 11002(c). EPCRA 40 C F.R §§ 355, 370 10/31/20 12 for 8/15/2014 Submrt EPCRA §§ 302 

response commossoon (SERC) that the Sect1on 311(a), 42 U.S.C. § 11021(a): EPCRA Section EPCRA§ 302 and 311 NotificatiOns for 

lac•loty IS subject to the requirements of 312(a). 42 U.S.C. § 11022(a) Notification for sulfuric acid; Submit EPCRA. Failure to subm•t a Maleroal sulfuric acod; Toer II Report for sulfunc Safely Data Sheet (MSDS) or a list of 11/30/2012 for acid 

chemicals to the LEPC, SERC. and EPCRA§31 1 fore department w1th Jurosd•ctoon over NotificatiOn for 

the facility as requored by EPCRA. sulfuroc ac•d 

Failure to prepare and submot an 

emergency and hazardous chemical 

1nventory form to the LEPC. SERC, 

and fire department with JUnsd•ction 

over the facility. 

-

Page 6 of 6 

.C. Attachment B 

 CONTROL, AND COUNTERMEASURE (SPCC) NONCOMPLIANCE 

TATE ZIP NATURE OF STATUTORY REGULATORY DATE DATE OF CHEMICAL($) OR ACTIONS TAKEN TO VIOLATION CITATION CITATION· NONCOMPLIANCE RETURN TO POLLUTANT($) RETURN TO FEDERAL BEGAN COMPLIANCE• INVOLVED COMPLIANCE 

A 30339 New SPCC Plan CWA Section 40 C.F.R. §§ 112.1 - 08/01113 11126/2014 ULSD Developed and 

Required 3110}(1)(c), 33 U.S.C. 112.7 implemented SPCC Plan § 1321Gl(1)(c) 

! 

A 30904 New SPCC Plan CWA Section 40 C.F R. §§ 112.1 - 11/10/11 11126/2014 ULSD Developed and 

Required 311 0)(1 )(c), 33 U.S.C. 112.7 implemented SPCC Plan § 1321{j)(1)(c) 

 36607 New SPCC Plan CWASection 40 C.F.R. §§ 112.1 • 09/17/14 11126/2014 ULSD Developed and Required 311 {j)(1 )(c), 33 U.S.C. 112.7 implemented SPCC Plan § 1321 (j)(1 )(c) 

A 30083 New SPCC Plan CWA Section 40C.F.R.§§ 112.1 · 09/01113 11/26/2014 ULSD Developed and 

Required 311{j)(1)(c). 33 u.s.c. 112.7 implemented SPCC Plan § 1321 {j)(1 )(c) 

A 30188 New SPCC Plan CWA Section 40 C.F.R. §§ 112.1 • 07/01105 11 /26/2014 ULSD Developed and Required 311(j)(1)(c). 33 U.S.C. 112.7 implemented SPCC Plan § 1321{j)(1)(C) 

 72205 New SPCC Plan CWASection 40C.F.R.§§ 112.1 · 07/13/13 11/19/2014 ULSD Developed and Required 311 {j)(1 )(c). 33 U.S.C. 112.7 implemented SPCC Plan § 1321(j)(1){c) 

 29405 New SPCC Plan CWA Section 40 C.F.R. §§ 112.1 • 11/10/11 11/26/2014 ULSD and Developed and 

Required 311{j)(1){c), 33 U.S.C. 112.7 gasoline implemented SPCC Plan § 1321(j)(1)(c) 

38125 New SPCC Plan CWASection 40 C.F.R. §§ 112.1 · 11/10/11 11126/2014 ULSD Developed and 

Required 311{j)(1)(c), 33 U.S.C. 112.7 implemented SPCC Plan § 1321(j)(1)(c) 

 29405 New SPCC Plan CWASection 40 C.F.R. §§ 112.1 • 06/01114 1111812014 ULSD Developed and 

Required 311(j){1)(c). 33 U.S.C. 112.7 implemented SPCC Plan § 1321(j)(1)(c) 

 72205 Revised SPCC CWASection 40 C.F.R. §§ 112.1 • 12/01/07 11/19/2014 ULSD Revised SPCC Plan Plan Required 311(j)(1)(c). 33 U.S.C. 112.7 

§ 1321 (j)(1 )(c) 

Page 1 of 1