New Cingular Wireless PCS, LLC, et al. (Board decision, January 3, 2013)

Plain-English summary

New Cingular Wireless PCS, LLC, and related respondents were parties to enforcement matters under the Emergency Planning and Community Right-to-Know Act, the Clean Water Act, and the Clean Air Act. The Environmental Appeals Board incorporated the attached Consent Agreement into its Final Order and ratified it under 40 C.F.R. § 22.18(c). The respondent was ordered to comply with all terms of the Consent Agreement effective immediately. The two-page release does not state the alleged violations, the agreement's specific obligations, or a penalty amount.

Decision snapshot

• Cited authorities: 40 C.F.R. § 22.18(c)
• Outcome: The attached Consent Agreement was incorporated and ratified, and the respondent was ordered to comply immediately.
• Key point: An EAB Final Order can make a Consent Agreement effective by incorporating and ratifying it under the EPA's Consolidated Rules of Practice.

Full text (EPA EAB public release)

BEFORE THE ENVIRONMENTAL APPEALS BOARD
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C.

In re:

New Cingular Wireless PCS,
LLC, et al.
1025 Lenox Park Blvd.
Atlanta, GA 30319

Docket No. EPCRA-HQ-2009-8001
CWA-HQ-2009-8001
CAA-HQ-2009-8001

FINAL ORDER

Pursuant to 40 C.F.R. § 22.18(c) of EPA's Consolidated Rules of Practice, the attached Consent Agreement resolving this matter is incorporated by reference into this Final Order and is hereby ratified.

The Respondent is ORDERED to comply with all terms of the Consent Agreement, effective immediately.

So Ordered.¹

Date: 1/3/2013

Kathie A. Stein
Judge, Environmental Appeals Board

¹ The two-member panel ratifying this matter is composed of Environmental Appeals Judges Leslye M. Fraser and Kathie A. Stein.

CERTIFICATE OF SERVICE

I hereby certify that a copy of the Final Order for: In the Matter of New Cingular Wireless PCS, LLC, Docket No. EPCRA-HQ-2009-8001; CWA-HQ-2009-8001; and CAA-HQ-2009-8001 was sent to the following persons in the manner indicated:

By Interoffice Mail:

Jeanne Duross, Attorney-Advisor
Special Litigation and Projects Division
Office of Civil Enforcement
Office of Enforcement and Compliance Assurance
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, NW (MC2248A)
Washington, D.C. 20460

By Certified Mail:

Philip A. Moffat, Esq.
Verdant Law, PLLC
1025 Connecticut Ave., NW, Suite 1000
Washington, DC 20036

Dated: JAN - 3 2013

Annette Duncan, Secretary
Environmental Appeals Board
U.S. EPA -Mail Code 1103M
1200 Penn. Avenue, N.W.
Washington, D.C. 20460
Phone (202) 233-0122
Fax (202) 233-0121