This settlement resolves violations at legacy Cingular Wireless sites from 2001 to 2003, and violations at NCW sites from October 2004 to 2006.
In March 2005 and May 2007, NCW notified EPA pursuant to EPAÂs Audit Policy that it had possible noncompliance with reporting requirements related to the presence of sulfuric acid, diesel, and lead at multiple facilities under the Emergency Planning and Community Right-to-Know Act (EPCRA).
NCW disclosed the following violations to EPA:
EPCRA § 311(a), 42 U.S.C. § 11021(a), and the regulations found at 40 C.F.R. Part 370, when NCW failed to submit Material Safety Data Sheets (MSDS) for a hazardous chemical(s) or, in the alternative, a list of such chemicals, for 525 facilities, to the Local Emergency Planning Committee (LEPC), State Emergency Response Commission (SERC), and the fire department with jurisdiction over these facilities.
EPCRA § 312(a), 42 U.S.C. § 11022(a), and the regulations found at 40 C.F.R. Part 370 at 641 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.