EPA v. US WEST BUSINESS RESOURCES, INC.

Case summary

US WSET COMMUNICATIONS, INC. AND US WEST BUSINESS RESOURCES, INC. RESPECTIVELY OWN AND OPERATE A TELECOMMUNICATIONS COM- PLEX (PLAZA CAMPANA) IN ALBUQUERQUE, NEW MEXICO WHICH IS A TELEPHONE SWITCHING AND COMPUTER OPERATIONS FACILITY. AT THE TIME THE FACILITY WAS CONSTRUCTED IN 1979 AND 1980, AND A- GAIN IN 1983 AND 1889, LARGE DIESEL-DRIVEN GENERATOR STA- TIONS WERE INSTALLED IN THE BASEMENT OF THE COMPLEX FOR THE PURPOSE OFEMERGENCY BACKUP POWER AND, POTENTIALLY, TO SUP- PLEMENT PEAK POWER REQUIREMENTS FOR THE ALBUQUERQUE AREA. US WEST INSTALLED THE GENERATION EQUIPMENT WITHOUT OBTAINING A PERMIT, AND OPERATED THE EQUIPMENT ON A LIMITED BASIS WITH- OUT A PERMIT FROM 1980 UNTIL 1989. THE POTENTIAL EMISSIONS OF THE ENGINES IN OPERATION WERE CALCULATED VARIOUSLY BY THE STATE OF NEW MEXICO, EPA AND US WEST, AND ARE DESCRIBED IN DETAIL, BOTH IN THE ATTACHED COM- PLAINT AND IN A SEPT. 30, 1993 MEMORANDUM REVIEWING THE CASE AND DESCRIBING POTENTIAL LITIGATION RISK. ALTHOUGH THE ACT- UAL EMISSIONS WERE A TINY FRACTION OF THE THRESHOLD FOR AP- PLICABILITY OF PSD REGULATIONS TO THE FACILITY, IT WAS EPA'S POSITION THAT, UNDER 40 C.F.R. SEC. 52.21 AND 52.24, PO- TENTIAL EMISSIONS BY THE FACILITY, CALCULATED BY EITHER PARTY, MADE IT SUBJECT TO THE REGULATIONS AS A MAJOR STAT- IONARY SOURCE . BASED ON THE RESPONSE TO A JUL. 24, 1989, INFORMATION REQUEST BY EPA AND THE INSPECTIONS OF THE FACIL- ITY, IT WAS CONFIRMED THAT US WEST HAD (1) CONSTRUCTED AND OPERATED A MAJOR STATIONARY SOURCE OF NOX WITHOUT A PSD PER- MIT IN VIOLATION OF 40 C.F.R. SEC. 52.21, AND (2) CONSTRUCT- ED AND OPERATED A MAJOR STATIONARY SOURCE OF CO IN A NON- ATTAINMENT AREA WITHOUT A NEW SOURCE REVIEW (NSR) PERMIT IN VIOLATION OF 40 C.F.R. SEC. 52.24, ACCORDING TO THE CALCU- LATED POTENTIAL OF THE SOURCES TO EMIT. A CASE RELATING TO THE US WEST FACILITY WAS REFERRED TO DOJ BY REGION 6 ON DEC. 28, 1989, CITING THE ABOVE DESCRIBED VIOLATIONS AND SEEKING A CIVIL PENALTY OF $240,000 FOR THE TWO COUNTS. THAT REFERRAL WAS RETURNED TO EPA ON SEPT. 24, 1990, BY REQUEST, BECAUSE EPA OFFICE OF ENFORCEMENT WANTED THE OPPORTUNITY TO REISSUE THE NOTICE OF VIOLATION ORIGINAL- LY ISSUED IN NOV. OF 1989. THE NECESSITY TO REISSUE THE NO- TICE OF VIOLATION WAS NEVER SHOWN AND IT WAS NEVER REISSUED. THE VIOLATIONS CITED IN THE ATTACHED COMPLAINT ARE THOSE CI- TED IN THE ORIGINAL NOTICE OF VIOLATION DATED NOV. 20, 1989. THE CASE WAS NOT PURSUED IMMEDIATELY BY EPA AFTER THE RETURN OF THE CASE BY DOJ IN SEPT. 1990 BECAUSE FURTHER INVESTIGA- TION OF THE REGULATIONS REVEALED THAT THERE WERE QUESTIONS ABOUT THE APPLICABILITY OF CERTAIN REGULATIONS AT THE TIME OF THE INSTALLATION OF THE EQUIPMENT WHICH NEEDED TO BE EX- AMINED AND ADDRESSED. THOSE HAVE SINCE BEEN EXAMINED AND AD- DRESSED IN THE ATTACHED MEMORANDUM DATED SEPT. 30, 1993. IN OCT. OF 1990, US WEST WAS ISSUED A FEDERALLY ENFORCEABLE SYNTHETIC MINOR SOURCE PERMIT BY THE CITY OF ALBUQUERQUE, RESTRICTING EMISSIONS FROM THE EIGHT ENGINES AT ITS FACILITY WHICH ARE THE SUBJECT OF THIS COMPLAINT, AND BRINGING THE FACILITY INTO CURRENT COMPLIANCE WITH THE PSD AND NSRREGU- LATIONS CITED IN THE COMPLAINT. US WEST COMMUNICATIONS, INC. AND US WEST BUSINESS RESOURCES, INC. ARE SUBSIDIARIES OF US WEST, INC., WHICH IS A REGIONAL BELL HOLDING COMPANY. MOUNTAIN STATES TELEPHONE & TELEGRAPH COMPANY, A SUBSIDIARY OF AT & T, OWNED AND OPERATED THE FA- CILITY PRIOR TO THAT. THE FACILITY AT WHICH THE VIOLATIONS OCCURRED IS THE US WEST TELECOMMUNICATIONS COMPLEX (PLAZA CAMPANA) AT 400 TIJERAS STREET, N.W., IN ALBUQUERQUE, N.M. THIS CASE IS SUBJECT TO BEING BARRED FROM FILING BY THE STATUTE IF LIMITATIONS, 28 U.S.C. SEC. 2462, ON OCT 26, 1995, OR SOONER. ALSO, THE PENALTY AMOUNT ASSESSABLE FOR SETTLEMENT UNDER THE CLEAN AIR ACT

Defendants (1)

• US WEST RESOURCES, INC.Named in complaintNamed in settlement

Facilities (1)

• US WEST PLAZA CAMPANA TELECOMMUNICATIONS COMPLEX

  400 TIJERAS AVE, NW, ALBUQUERQUE, NM, 871023256

  Registry ID: 110001553569

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• US WEST BUSINESS RESOURCES, INentered 1995-11-22

  Primary law: CAA

  Federal penalty: $78,000

Timeline (7 milestones)

• 1993-01-01Enforcement Action Data Entered
• 1994-06-06Referred To Dept Of Justice
• 1995-11-22Final Order Lodged
• 1995-11-22Final Order Entered
• 1995-11-22Complaint Filed With Court
• 1995-11-22Concluded
• 1995-12-21Enforcement Action Closed