[Federal Register Volume 67, Number 240 (Friday, December 13, 2002)]
[Notices]
[Pages 76744-76745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-31468]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7421-8; CWA-HQ-2002-6000; EPCRA-HQ-2002-6000; CAA-HQ-2002-6000]


Clean Water Act Class II: Proposed Administrative Settlement, 
Penalty Assessment and Opportunity To Comment Regarding ADT Security 
Services, Inc.

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has entered into a consent agreement with ADT Security 
Services, Inc. (``ADT'') to resolve violations of the Clean Water Act 
(''CWA''), the Clean Air Act (``CAA''), and the Emergency Planning and 
Community Right-to-Know Act (``EPCRA'') and their implementing 
regulations.
    The Administrator is hereby providing public notice of this consent 
agreement and final order and providing an opportunity for interested 
persons to comment on the CWA portions, as required by CWA section 
311(b)(6)(C), 33 U.S.C. 1321(b)(6)(C).
    ADT failed to prepare Spill Prevention Control and Countermeasure 
(``SPCC'') plans for eight facilities where they stored diesel oil in 
above ground tanks. EPA, as authorized by CWA section 311(b)(6), 33 
U.S.C. 1321(b)(6), has assessed a civil penalty for these violations. 
ADT failed to obtain the appropriate operating permits or exemptions at 
seven facilities in violation of CAA section 110, 42 U.S.C. 7410, and 
various state implementation plan (``SIP'') requirements for emergency 
generators. EPA, as authorized by CAA section 113(d)(1), 42 U.S.C. 
7413(d)(1), has assessed a civil penalty for these violations. ADT 
failed to file an emergency planning notification with the State 
Emergency Response Commission (``SERC'') and to provide the name of an 
emergency contact to the Local Emergency Planning Committee (``LEPC''). 
ADT failed to submit Material Safety Data Sheets (``MSDS'') or a list 
of chemicals to the LEPC, the SERC, and the fire department with 
jurisdiction over each facility for ninety-two facilities in violation 
of EPCRA section 311, 42 U.S.C. 11021. At ninety-two facilities, ADT 
failed to submit an Emergency and Hazardous Chemical Inventory form to 
the LEPC, the SERC, and the fire department with jurisdiction over each 
facility in violation of EPCRA section 312, 42 U.S.C. 11022. EPA, as 
authorized by EPCRA section 325, 42 U.S.C. 11045, has assessed a civil 
penalty for these violations.

DATES: Comments are due on or before January 13, 2003.

ADDRESSES: Send written comments to the Docket Office, Enforcement and 
Compliance Docket and Information Center (2201T), Docket Number EC-
2002-020, U.S. Environmental Protection Agency, EPA West, 1200 
Pennsylvania Avenue NW., Room B133, Washington, DC 20460 (in triplicate 
if possible.)
    Please use a font size no smaller than 12. Comments may also be 
sent electronically to [email protected] or faxed to (202) 566-1511. 
Attach electronic comments as a text file and try to avoid the use of 
special characters and any forms of encryption. Please be sure to 
include the Docket Number EC-2002-020 on your document.
    In person, deliver comments to U.S. Environmental Protection 
Agency, EPA West, 1301 Constitution Avenue, NW., Room B133, Washington, 
DC 20460. Parties interested in reviewing docket information may do so 
by calling (202) 566-1512 or (202) 566-1513. A reasonable fee may be 
charged by EPA for copying docket materials.

FOR FURTHER INFORMATION CONTACT: Beth Cavalier, Multimedia Enforcement 
Division (2248-A), U.S. Environmental Protection Agency, 1200 
Pennsylvania Avenue, NW., Washington, DC 20460; telephone (202) 564-
3271; fax: (202) 564-9001; e-mail: [email protected].

SUPPLEMENTARY INFORMATION: Electronic Copies: Electronic copies of this 
document are available from the EPA Home Page under the link ``Laws and 
Regulations'' at the Federal Register--Environmental Documents entry 
(http://www.epa.gov/fedrgstr).

I. Background

    ADT Security Services, Inc. a security services company 
incorporated in the State of Delaware and located at One Town Center 
Road, Boca Raton, Florida 33064, disclosed, pursuant to the EPA 
``Incentives for Self-Policing: Discovery, Disclosures, Correction and 
Prevention of Violations'' (``Audit Policy''), 65 FR 19618 (April 11, 
2000), that they failed to prepare SPCC plans for eight facilities 
where they stored diesel oil in above ground storage tanks, in 
violation of the CWA section 311(b)(3) and 40 CFR part 112. ADT 
disclosed that for seven facilities they had failed to obtain operating 
permits or exemptions in violation of CAA section 110, 42 U.S.C. 7410, 
and various SIP requirements for emergency generators. ADT disclosed 
that at sixty-eight facilities they had failed to file emergency 
planning notifications with the SERC and failed to provide the name of 
an emergency contact to the LEPC, in violation of EPCRA section 302, 42 
U.S.C. 11002. ADT further disclosed that at ninety-two facilities they 
had failed to submit MSDS' or a list of chemicals to the LEPC, SERC, 
and the fire departments with jurisdiction over the facilities, in 
violation of EPCRA section 311, 42 U.S.C. 11021; and that at ninety-two 
facilities had failed to submit an

[[Page 76745]]

Emergency and Hazardous Chemical Inventory to the LEPC, SERC, and fire 
departments with jurisdiction over the facilities, in violation of 
EPCRA section 312, 42 U.S.C. 11022.
    Pursuant to 40 CFR 22.45(b)(2)(iii), the following is a list of 
facilities at which ADT self-disclosed violations of CWA section 
311(b)(3): 5400 West Rosecrans Avenue, Hawthorne, California; 14200 
Exposition Avenue, Aurora, Colorado; 9000 Town Center Parkway, 
Bradenton, Florida; 1052 South Powerline Road, Deerfield, Florida; 9512 
Sunbeam Center Drive, Jacksonville, Florida; 7805 NW 97th Terrace, 
Kansas City, Missouri; 502 Fortune Drive, Papillion, Nebraska; and 285 
Thruway Park Drive, West Henrietta, New York. These facilities are not 
required to obtain water permits for the requirements relating to the 
SPCC violations disclosed.
    In addition, ADT self-disclosed violations of EPCRA sections 302 
and/or sections 311 and 312 at facilities located in the following 
states: Alabama, Arkansas, California, Colorado, Connecticut, Delaware, 
Florida, Georgia, Illinois, Indiana, Kansas, Louisiana, Massachusetts, 
Maryland, Michigan, Minnesota, Missouri, North Carolina, Nebraska, New 
Hampshire, New Jersey, New York, Nevada, Ohio, Pennsylvania, Rhode 
Island, South Carolina, Tennessee, Texas, Virginia, Washington, and the 
District of Columbia. ADT self-disclosed violations of CAA section 110 
at facilities located in California.
    EPA determined that ADT met the criteria set out in the Audit 
Policy for a 100% waiver of the gravity component of the penalty. As a 
result, EPA proposes to waive the gravity based penalty ($1,914,965) 
and proposes a settlement penalty amount of thirty-one thousand, seven 
hundred and forty-one dollars ($31,741). This is the amount of the 
economic benefit gained by ADT, attributable to their delayed 
compliance with the SPCC, CAA and EPCRA regulations. ADT Security 
Services, Inc. has agreed to pay this amount. EPA and ADT negotiated 
and signed an administrative consent agreement, following the 
Consolidated Rules of Practice, 40 CFR 22.13(b), on October 18, 2002 
(In Re: ADT Security Services, Inc., Docket Nos. CWA-HQ-2002-6000, 
EPCRA-HQ-2002-6000, CAA-HQ-2002-6000). This consent agreement is 
subject to public notice and comment under CWA section 311(b)(6), 33 
U.S.C. 1321(b)(6).
    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 the 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 $137,500 by EPA. Class II proceedings under CWA section 
311(b)(6) are conducted in accordance with 40 CFR part 22.
    Under CAA section 113(d), the Administrator may issue an 
administrative order assessing a civil penalty against any person who 
has violated an applicable implementation plan or any other requirement 
of the Act, including any rule, order, waiver, permit or plan. 
Proceedings under CAA section 113(d) are conducted in accordance with 
40 CFR part 22.
    Under EPCRA section 325, 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 the Act. Proceedings under 
EPCRA section 325 are conducted in accordance with 40 CFR part 22.
    The procedures by which the public may comment on a proposed Class 
II penalty order, or participate in a Clean Water Act Class II penalty 
proceeding, are set forth in 40 CFR 22.45. The deadline for submitting 
public comment on this proposed final order is January 13, 2003. All 
comments will be transferred to the Environmental Appeals Board 
(``EAB'') of EPA for consideration. The powers and duties of the EAB 
are outlined in 40 CFR 22.4(a).
    Pursuant to CWA section 311(b)(6)(C), EPA will not issue an order 
in this proceeding prior to the close of the public comment period.

    Dated: December 4, 2002.
Rosemarie A. Kelley,
Acting Director, Multimedia Enforcement Division, Office of Enforcement 
and Compliance Assurance.
[FR Doc. 02-31468 Filed 12-12-02; 8:45 am]
BILLING CODE 6560-50-P