On November 25, 2002, EPA issued a Notice of Determination ( NOD ) pusuant to the Final Policy Statement on Incentives for Self-Policing: Discovery, Disclosure, Correction, and Prevention of iolations , 65 Fed. Reg. 19618 (April 11, 2000). The NOD is based on self-disclosures provided by Cytect Industries, Inc ( Cytec ), for violations of Sections 311 and 312 of the Emergency Planning and Community Right-to-Know Act ( EPCRA ) 42 U.S.C. section 11021, 11022, and its implementing regulations at 40 C.F.R. Parts 370 and 372. The Cytec facility is located at 2820 Patrick Henry Highway (Rt. 151), Virginia (the Facility ).
In a letter to EPA dated December 19, 2000, and in a subsequent responses to EPA inquiries Pine Grove disclosed that the Facility had failed to sumibt Material Safety Data Sheets and Tier II Reports to the LEPC, SERC, and the local fire department for calcium hydroxide (hydrated lime) which had been stored at the Facility in quantities greater than 10,000 pounds for the reporting years 1996 through 1999.
The total gravity-based civil penalty for these violations would be $93,500.00. However, Pine Grove satisfied all the conditions of EPA's Self-Disclosure Policy and the amount of economic benefit gained is insignificant, EPA waived the gravity-based civil penalty for the disclosed violations.