The Notice of Determination ( NOD ) addressess violations by Bohler Uddeholm Specialty Metals, Inc., ( Bohler Uddeholm ) of the Title III of the Superfund Amendments and Reauthorization Act, (also known as the Emergency Planning and Community Right-to-Know Act of 1986 (hereinafter EPCRA ), 42 U.S.C. section 11001-11050; and the Resource Conservation and Recovery Act ( RCRA ), 42 U.S.C. section 6901-6992k. The violations occurred at Bohler Uddeholm's facility located at 2306 Eastover Drive, in South Boston, Virginia ( Facility ). On February 28, 2001, Bohler Uddeholm, through its counsel Gentry, Locke, Rakes & Moore, LLP., pursuant to the Agency's Final Policy Statement on Incentives for Self-Policing: Discovery, Disclosure, Correction, and Prevention of Violations , 60 Fed. Reg. 19618 (April 11, 2000)(the Self-Disclosure Policy ), disclosed to the Agency that potential violations of EPCRA, 42 U.S.C. Section 11001 - 11050 and its implementing regulations, 40 C.F.R. Parts 370 and 372; and RCRA, 42 U.S.C. Section 6901-6992k and its implementing regulations, 40 C.F.R. Parts 262 and 265 may have occurred at the Facility.
Bohler Uddholm has violated Sections 312 and 313 of EPCRA, 42 U.S.C. section 11022 and 11023. The gravity-based civil penalty for the disclosed Section 312 and 313 EPCRA violations would be $90,896.00. Finally, Bohler Uddeeholm is responsible for violations of Sections 3004 and 3005 of RCRA, 42 U.S.C. section 6924 and 6925. The total gravity-based civi