On July 7, 2004, Osram Sylvania Products, Inc. submitted a written and signed statement of voluntary disclosure to EPA, stating that they had failed to file EPCRA Form R Toxic Release Inventory Reports for mercury for reporting years 2000-2002.
Between August 2003 and July 2004, Osram retained a consultant, GZA GeoEnvironmental (�GZA�) to perform various environmental, health and safety-related assignments for the Maybrook facility which was shut down on or about August 11, 2003. On May 26, 2004, GZA began an environmental audit of the Maybrook facility�s EPCRA reporting obligations. GZA concluded on June 29, 2004 that the facility should have filed Form R reports for mercury for reporting years 2000-2002. In July, 2004, Osram filed late Form R reports for mercury for reporting years 2000-2002.
On February 22, 2005, we requested additional information from Osram to complete our review.
Based on information provided by Osram, we believe that Osram's application for 100% mitigation is valid, because the requirements of conditions D.1 thru D.9 of the Audit 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 issue a Notice of Determination.
If a Civil Administrative Complaint were to be issued in this case for the non-reporting of mercury for reporting year 2000-2002, it would include a proposed gravity-based penalty of