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Telecommunications Industry Compliance Incentive Program
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The Agency achieved its first settlement in this effort with GTE Corporation on January 21, 1998. GTE voluntarily informed EPA under the Agency’s Audit Policy that it had failed to notify state agencies and local fire departments of sulfuric acid-filled batteries at a number of sites, in violation of the Emergency Planning and Community Right-to-Know Act (EPCRA). GTE also told EPA that it had violated the Clean Water Act (CWA) by failing to develop Spill Prevention, Control, and Countermeasure (SPCC) plans for facilities that stored diesel fuel. The settlement resolved violations at 314 facilities. By consolidating the audit disclosures involving so many facilities, EPA and GTE were able to reach agreement through a streamlined process that benefitted the company, EPA, and most importantly, the public and environment.
Since EPA reached its first Audit Policy settlement with a telecommunications company in 1998, more than 40 telecommunications companies have disclosed violations of EPCRA, the CWA, Clean Air Act (CAA), and the Resource Conservation and Recovery Act (RCRA). Compliance results include insuring that: emergency responders and planners have information regarding the presence of hazardous chemicals at facilities; facilities have SPCC Plans; and facilities are in compliance with various CAA requirements. This effort demonstrates that industry and the Agency can work together toward a common goal to achieve greater compliance and a higher level of environmental management without costly litigation.
Consequences of Discovery by the Government
Under a consent decree entered on December 16, 2003, ALLTEL Corporation (ALLTEL), a leading provider of communications and information services was required to carry out cross-cutting environmental compliance audits at its facilities nationwide (over 7,500) and pay a $1,058,000 civil penalty. The agreement settled claims that ALLTEL violated the CAA, CWA, and/or EPCRA at 205 of its facilities in 18 states. This settlement highlights EPA’s commitment to pursue noncompliers who have elected not to participate and take advantage of compliance incentive efforts initiated by EPA to ensure compliance with environmental laws.The telecommunications companies settling with EPA have spent over $4 million to achieve environmental compliance at their facilities, and paid approximately $3.5 million in penalties. While EPA waived potential gravity-based penalties, for most of the cases resolved under the Audit Policy, EPA collected the economic benefit gained by the companies that delayed compliance. EPA considers economic benefit to be an important component of a penalty to ensure that violators do not obtain an unfair advantage over their law-abiding competitors.
For information about the environmental requirements for telecom facilities, and for a list of settled cases, see below.
"Enforcement Alert" Newsletter: "EPA's 'Audit Policy' Offers Opportunity for Telecommunications Industry to Remedy Violations" Volume 3, Number 6 (June 2000) (PDF, 38KB, 4 pages)
For more information concerning the EPA Telecommunications Program or EPA’s Audit Policy, contact Phil Milton at (202) 564-5029, milton.philip@epa.gov.
Summary of Telecom Cases
Since 1998, over 6000 facilities have been brought into compliance through 38 settlements (34 under the Audit Policy). A list of these matters is below.
Specifically, EPA’s efforts have resulted in the following:
- 4,872 facilities filing EPCRA reports with local emergency responders and planners. The reports notified them of the presence of approximately 7.5 million pounds of sulfuric acid, approximately 13.2 million pounds of diesel fuel, approximately 13.8 million pounds of lead, and 0.25 million pounds of ethylene glycol.
- 838 facilities implementing Spill Prevention, Control, and Countermeasure Plans.
- 779 facilities returning to compliance with various CAA SIP requirements, by either applying for permits or waivers from affected states. (Including ~7500 lbs reduction of air pollutants (NOx and CO)).
- 24 facilities returning to compliance with CAA ' 608 and 40 CFR Part 82, Subpart F requirements regarding ozone depleting substances.
- 10 facilities returning to compliance with RCRA UST requirements.
- 1 facility returning to compliance with RCRA Subtitle C requirements.
Summary of Telecom Cases |
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ICIS No. |
Case Name |
Case No. |
Description |
HQ-1997-6000 |
GTE Corporation |
EPCRA-97-H-001 |
Consent Agreement and Final Order (CAFO) resolved EPCRA and CWA violations at 314 facilities in 21 states. Final Order signed 1/21/98. |
HQ-1999-6000 |
US Cellular Corp. |
EPCRA-HQ-99-001 |
CAFO resolved EPCRA and CWA violations at 46 facilities in 20 states. Final Order signed 2/3/99. |
HQ-1999-6001 |
Southwestern Bell Telephone Co. |
CWA-HQ-99-002 |
CAFO resolved CWA violations at 117 facilities in 5 states. Final Order signed 4/7/99. |
HQ-1999-6002 |
PrimeCo Personal Communications |
EPCRA-HQ-99-002 |
CAFO resolved EPCRA violations at 14 facilities in 6 states. Final Order signed 2/4/99. |
HQ-1999-6003 |
Cincinnati Bell Tel. Co. & Cincinnati Bell Long Distance Co. |
EPCRA-HQ-99-003 |
CAFO resolved EPCRA violations at 42 facilities in 3 states. Final Order signed 2/2/99. |
HQ-1999-6004 |
Convergys Customer Mgt Group Inc. |
EPCRA-HQ-99-004 |
CAFO resolved EPCRA violations at 5 facilities in 3 states. Final Order signed 2/2/99. |
HQ-1999-6005 |
Cellco Partnership (BAM) |
EPCRA-HQ-99-005 |
CAFO resolved EPCRA and CWA violations at 189 facilities in 20 states. Final Order signed 4/9/99. |
HQ-1999-6007 |
BellSouth Corporation |
EPCRA-HQ-99-008 |
CAFO resolved EPCRA and CWA violations at 9 facilities in 4 states. Final Order signed 12/16/99. |
HQ-1999-6009 |
US West Communications |
EPCRA-HQ-99-009 |
CAFO resolved EPCRA and CWA violations at 19 facilities in 8 states. Final Order signed 2/24/00. |
HQ-1999-6008 |
Bell Atlantic Companies |
EPCRA-HQ-99-010 |
CAFO resolved EPCRA and CWA violations at 72 facilities in 12 states and DC. Final Order signed 1/18/00. |
HQ-1999-6010 |
Western Wireless and VoiceStream Wireless |
EPCRA-HQ-99-011 |
CAFO resolved EPCRA and CWA violations at 34 facilities in 19 states. Final Order signed 1/20/00. |
HQ-2000-6000 |
AirTouch Communications |
EPCRA-HQ-99-013 |
CAFO resolved EPCRA violations at 61 facilities in 5 states. Final Order signed 1/18/00. |
HQ-2000-6001 |
Paging Network, Inc |
EPCRA-HQ-99-012 |
CAFO resolved EPCRA, CWA and CAA violations at 9 facilities in 6 states. Final Order signed 2/15/00. |
HQ-2000-6002 |
NEXTLINK |
MM-HQ-2000-0004 |
CAFO resolved EPCRA, CWA, CAA, and RCRA (1-UST financial assurance) violations at 61 facilities in 20 states. Final Order signed 12/19/00. |
HQ-2000-6003 |
AirTouch Communications |
MM-HQ-2000-0006 |
CAFO resolved CWA and CAA violations at 61 facilities in 7 states. Final Order signed 12/22/00. |
HQ-2000-6010 |
AT&T Corp. |
MM-HQ-2001-0004 |
CAFO resolved EPCRA and CWA violations at 494 facilities in 32 states. Final Order signed 1/18/01. |
HQ-2000-6011 |
Qwest Communications |
MM-HQ-2001-0002 |
CAFO resolved EPCRA, CWA, and CAA violations at 410 facilities in 40 states. Final Order signed 1/19/01. |
HQ-2000-6008 |
AT&T Broadband |
MM-HQ-2001-0001 |
CAFO resolved EPCRA and CWA violations at 97 facilities in 21 states. Final Order signed 1/22/01. |
HQ-2000-6007 |
Broadwing Communications Inc. |
MM-HQ-2001-0015 |
CAFO resolved EPCRA and CWA violations, and NOD resolved CAA violations at 246 facilities in 33 states. Final Order signed 5/1/01 and NOD signed 1/30/01. |
HQ-2001-6000 |
XO |
MM-HQ-2001-0017 |
CAFO resolved EPCRA, CWA, CAA violations at 4 facilities in 3 states. Final Order signed 5/29/01. |
HQ-2001-6001 |
WorldCom |
CAA-HQ-2001-6001 |
CAFO resolved EPCRA, CWA, and CAA violations at 437 facilities in 43 states. Final Order signed 12/3/01. |
HQ-2001-6040 |
Cellco Partnership, Doing business as Verizon Wireless |
EPCRA-HQ-2001-6040 |
CAFO resolved EPCRA violations at 110 facilities in 1 (CA) state. Final Order signed 12/3/01. |
HQ-2001-6041 |
360 Networks |
NOD: |
Notice of Determination (NOD) resolved EPCRA, CWA, and CAA violations at 24 facilities in 13 states and DC. NOD signed 11/08/01. |
HQ-2000-6012 |
Sprint |
01-1120-CV-W-6 |
Consent Decree (CD) resolved EPCRA and CWA violations at 398 facilities in 36 states and DC. CD entered 11/27/01. |
HQ-2001-6002 |
Comcast |
CWA-HQ-2001-6002, EPCRA-HQ-2001-6002, CAA-HQ-2001-6002 |
CAFO resolved violations for CWA, EPCRA and CAA at 131 facilities at 20 states. Final Order signed 04/18/02. |
HQ-2002-6002 |
Dobson Cellular Systems, Inc. and American Cellular Corporation |
EPCRA-HQ-2002-6002, RCRA-HQ-2002-6002, |
CAFO resolved violations of EPCRA, RCRA, CWA, and CAA at 29 facilities in 16 states. Final Order signed 10/29/02. |
HQ-2002-6001
|
Nextel |
EPCRA-HQ-2002-6001, CWA-HQ-2002-6001, CAA-HQ-2002-6001, RCRA-HQ-2002-6001 |
CAFO resolved violations of EPCRA, RCRA, CWA, and CAA at 75 facilities in 22 states. Final order signed 4/8/03. |
HQ-2005-8000 |
Cellco Partnership dba as Verizon Wireless |
EPCRA-HQ-2005-8000 |
CAFO resolved violations of EPCRA at 431 facilities in 24 states. Final order signed 3/8/06. |
HQ-2006-6004 |
Adelphia Communications Corp |
02-41729 (REG) |
Settlement Agreement filed in Bankruptcy Court resolved violations of EPCRA, CWA, and CAA at 110 facilities in 12 states. Final order signed 7/24/06. |
HQ-2007-6001 |
American Tower Corporation |
EPCRA-HQ-2007-6001 |
CAFO resolved violations of EPCRA at 231 facilities in 41states. Final Order signed 11/3/08. |
HQ-2008-8001 |
Windstream Wireless |
EPCRA-HQ-2008-8001, CWA-HQ-2008-8001 |
CAFO resolved violations of EPCRA and CWA at 48 facilities in 4 states. Final Order signed 11/3/08. |
HQ-2009-8003 |
ALLTEL (acquisition of Western Wireless, Southern Illinois Cellular Corp., and VA Cellular) |
EPCRA-HQ-2009-8003 |
NOD resolved violations of EPCRA, CAA, and CWA at 58 facilities in 15 states. NOD signed on 1/9/09. |
HQ-2008-8002 |
Cellco Partnership dba Verizon Wireless |
EPCRA-HQ-2008-8002, |
CAFO resolved violations of EPCRA, CWA, and CAA violations at 655 facilities in 42 states. Final Order signed 11/23/09. |
HQ-2011-8000 |
Via West, Inc. |
EPCRA-HQ-2011-8000 |
NOD resolved violations of EPCRA, and CAA violations at 12 facilities in 5 states. NOD signed 1/17/11. |
HQ-2012-8000 |
Sidera Networks |
EPCRA-HQ-2012-8000 |
NOD resolved violations of EPCRA at 7 facilities in 5 states. NOD signed 10/11/11. |
HQ-2007-6000 |
Cingular Wireless |
EPCRA-HQ-2007-6000 |
CAFO resolved violations of EPCRA at 642 facilities in 35 states and PR. Final Order signed 2/9/12. |
HQ-1999-6006 |
MCI WorldCom |
EPCRA-HQ-99-007 |
CAFO resolved violations of EPCRA, CWA, and CAA at 153 facilities in 29 states and DC. Final Order signed 3/7/00. Stipulated penalties for EPCRA violations at 107 facilities requested in May and June 2000. |
HQ-2000-6004 |
ALLTEL Corporation |
4-03 CV-8752WRW |
CD resolved violations of EPCRA, CWA, and CAA at 196 facilities in 18 states. CD entered 12/16/03. |