On June 22, 2004, EPA denied AstroPower���s request for relief under the ���Final Policy Statement on Incentives for Self-Policing: Discovery, Disclosure, Correction, and Prevention of Violations���, 65 Fed. Reg. 19618 (April 11, 2000) (���Audit Poicy���).
In a letter to EPA dated July 15, 2003, and in a subsequent responses to EPA inquiries AstroPower disclosed that it had failed to submit Toxic Chemical Release Inventory Forms (Forms A and/or Forms R ) for release of hydrogen fluoride and nitric acid from its Solar Park Facility, located at 461 Wyoming Road, Newark, Delaware for calendar years 2001, as required by Section 313 of EPCRA, 42 U.S.C. �� 11023.
After EPA���s review of AstroPower���s information, EPA concludes that AstroPower does not qualify for a penalty reduction, since the company did not disclose the violation in writing to EPA within the twenty-one (21) calendar day deadline set forth in criterion 3 in Section D of the Audit Policy.
In April 2004 AstroPower filed for protection from its creditors under Chapter 11 of the U.S. Bankruptcy Code, 11 U.S.C. ���� 1101 et seq. Region III, at this time, has decided not to pursue any further action on the EPCRA �� 313 violations or the bankruptcy. The cost that EPA would incur for legal and technical resources would far exceed the amount of Region III���s claims.