On June 30, 2005, EPA issued a Notice of Determination (���NOD���) pursuant to the ���Final Policy Statement on Incentives for Self-Policing: Discovery, Disclosure, Correction, and Prevention of Violations,��� 65 Fed. Reg. 19618 (April 11, 2000). The NOD is based on a self-disclosure provided by Morningstar Foods, LLC (���Morningstar���) for violations of Sections 312 and 313 of the Emergency Planning and Community Right-to-Know Act (���EPCRA���) 42 U.S.C. ����11022, 11023, and its implementing regulations at 40 C.F.R. Parts 370 and 372. The Morningstar Facility is located at 6364 South Valley Pike, Mount Crawford, VA 22841 (���Facility���). In a letter to EPA dated July 12, 2004 and in subsequent responses to EPA inquiries, Morningstar disclosed that the Facility had failed to submit Tier II Reports to the LEPC, SERC, and the local fire department for Ammonia, Nitric Acid and Sulfuric Acid, in violation of EPCRA Section 312. These extremely hazardous substances were stored at the Facility in quantities which exceeded the Extremely Hazardous Substance Threshold Planning Quantity during the reporting years 2001 through 2003. In addition, Morningstar also disclosed that it had failed to submit Toxic Chemical Release Inventory Forms (Forms A and/or Forms R ) for Nitric Acid and Nitrate Compounds for the reporting years 2001 and 2002, as required by Section 313 of EPCRA. The total gravity-based civil penal