On June 17, 2004, IFC submitted a written and signed statement of voluntary disclosure under the Small Business Compliance Policy to EPA, stating that they had failed to file EPCRA Form R Toxic Release Inventory Reports. On June 3, 2004, IFC was notified by counsel, after an audit and review of production data they were in potential noncompliance with reporting requirements of EPCRA Section 313. The disclosure was made within 21 days after discovery and the Form R reports for chromium for reporting years 2000-2002 were filed with EPA in December 2004.
On March 9, 2005, Ms. Aarti Reddy called Mr. Myron Kocan regarding the June 17, 2004 disclosure and to request additional information. Based on information provided by IFC, we believe that the company�s application for 100% mitigation is valid, because the requirements of conditions D.1 thru D.4. of the Small Business Policy appear to have been met. Based on this determination, we recommend that no monetary penalty be assessed in this case. Accordingly, we propose to settle the matter with no penalty and to issue a Notice of Determination.
If a Civil Administrative Complaint were to be issued in this case for the non-reporting of chromium for reporting years 2000-2002, it would include a proposed gravity-based penalty of $16,500 (penalty calculated pursuant to Enforcement Response Policy for Section 313 of EPCRA promulgated by the U.S. EPA Office of Compliance Monitoring, Office of Pesticides and Toxic Substances, o