8/13/09 - NOTICE OF DETERMINATION ISSUED. QUEENS DISCOVERED THE VIOLATIONS OF EPCRA, CWA, OPA, RCRA, AND TSCA ON APR 11, 2008, UPON RECEIPT OF A PEER AUDIT REPORT. QUEENS DISCLOSED THE VIOLATIONS TO EPA ON MAY 2, 2008. AS PROVIDED BY A 30-DAY EXTENSION, ALL VIOLATIONS WERE CORRECTED BY JULY 30, 2008. NONE OF THE VIOLATIONS DISCOVERED ARE REPEAT VIOLATIONS. ADDITIONALLY, NONE OF THE VIOLATIONS RESULTED IN SERIOUS HARM NOR DID THEY PRESENT AN IMMINENT AND SUBSTANTIAL ENDANGERMENT. FINALLY, QUEENS HAS TAKEN STEPS TO PREVENT THE RECURRENCE OF THE VIOLATIONS AND HAS COOPERATED FULLY WITH EPA. EPA MAKES THE FOLLOWING FINAL DETERMINATION FOR THE DISCLOSURE IDENTIFIED ABOVE: THE UNIVERSITY MEETS THE CONDITIONS OF THE AUDIT POLICY FOR 100 PERCENT ELIMINATION OF GRAVITY-BASED PENALTIES FOR THE VIOLATIONS. EPA WILL NOT SEEK A GRAVITY-BASED PENALTY FOR THESE VIOLATIONS. IN ADDITION, QUEENS GAINED NO APPARENT ECONOMIC BENEFIT AS A RESULT OF NONCOMPLIANCE. CONSISTENT WITH THE PURPOSES OF THE AUDIT POLICY, EPA EXPECTS THE FACILITY TO INSTITUTE, ON A CONTINUING AND COMPANY-WIDE BASIS, THE INTERNAL POLICIES AND PROCEDURES NECESSARY TO PREVENT RECURRENCE OF VIOLATIONS OF ENVIRONMENTAL REQUIREMENTS.