EPA v. GTE CORPORATION

Case summary

ON FEBRUARY 22, 1996, GTE CORPORATION (GTE), THROUGH ITS ATTORNEYS, NOTIFIED EPA THAT IT HAD, BY THE INITIATION OF A COMPANY-WIDE AUDIT, IDENTIFIED THE POSSIBILITY OF VIOLATIONS OF EPCRA AND OF THE SPCC REGULATIONS OF THE CWA. THE AGENCY AND GTE CORPORATION HAVE COME TO AN AGREEMENT RES OLVING 600 VIOLATIONS AT 314 GTE FACILITIES IN 21 STATES. T HE VIOLATIONS OCCURRED UNDER THE EMERGENCY PLANNING AND COMM UNITY RIGHT TO KNOW ACT (EPCRA) AND THE SPILL PREVENTION COU NTERMEASURE AND CONTROL (SPCC) REQUIREMENTS OF THE CLEAN WAT ER ACT (CWA). GTE DISCLOSED 511 VIOLATIONS OF EPCRA, FOR FAILURE TO NOTIFY STATE AGENCIES AND LOCAL FIRE DEPARTMENTS OF SULFURIC ACID FILLED BATTERIES AT 229 GTE TELECOMMUNICATIONS SITES ACROSS THE COUNTRY. THIS TYPE OF INFORMATION IS NEEDED BY STATE AN D LOCAL RESPONSE AUTHORITIES TO PROTECT COMMUNITIES AND FIRE FIGHTERS IN THE EVENT OF A CHEMICAL SPILL OR RELEASE. ANOTHER 89 VIOLATIONS WERE NOTED FOR FAILURE TO DEVELOP REQU IRED SPCC PLANS FOR DIESEL FUEL STORED AT THE FACILITIES. SUCH PLANS ARE REQUIRED TO HELP PREVENT OR MITIGATE SPILLS A ND KEEP HAZARDOUS CHEMICALS FROM POLLUTING STREAMS, RIVERS A ND OTHER BODIES OF WATER. AFTER DISCOVERING NON-COMPLIANCE AT SEVERAL FACILITIES, GTE PROMPTLY NOTIFIED EPA OF THE VIOLATIONS PURSUANT TO EPA'S SE LF-DISCLOSURE POLICY AND UNDERTOOK A COMPANY-WIDE AUDIT AT 1 0,000 SITES NATIONWIDE. AFTER DISCLOSING THE VIOLATIONS, GT E WORKED CLOSELY WITH EPA TO ENSURE ALL THE VIOLATIONS WERE CORRECTED. UNDER THE TERMS OF THE SETTLEMENT, GTE FILED THE REQUIRED EPCRA REPORTS WITH THE APPROPRIATE STATE AND LOCAL AGENCIES, AND IS IMPLEMENTING SPCC PLANS AT THE FACILITIES. THE COMPANY WILL PAY A $52,264 PENALTY, EQUAL TO THE AMOUNT OF MONEY SAVED DURING ITS PERIOD OF NON-COMPLIANCE. OF THIS AMOUNT, $35,556 IS ATTRIBUTABLE TO THE EPCRA VIOLATIONS AND $16,708 IS ATTRIBUTABLE TO THE CWA VIOLATIONS. SINCE THE COMPANY VOLUNTARILY DISCLOSED AND CORRECTED THE VIOLATIONS, THE AGENCY WAIVED ANOTHER $2.38 MILLION IN POTENTIAL PENALTI ES.

Defendants (1)

• GTE CORPORATIONNamed in complaintNamed in settlement

Facilities (1)

• GTE OPERATIONS SUPPORT INC

  ONE STANFORD FORUM, STAMFORD, CT, 06904

  Registry ID: 110010682724

Statutes cited

• EPCRA 303 — Comprehensive Emergency Response Plans
• EPCRA 311 — Material Safety Data Sheets (MSDS)
• EPCRA 302 — Substances and Facilities Covered and Notification
• CWA 311J — SPCC and/or Federal Response Plan Violations
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms

Enforcement conclusions (1)

• GTE CORPORATIONentered 1998-01-21

  Primary law: EPCRA

  Federal penalty: $52,264

Timeline (3 milestones)

• 1997-09-29Complaint Filed/Proposed Order
• 1998-01-21Final Order Issued
• 2002-01-08Enforcement Action Data Entered