The NOD is based on self-disclosures provided by Worldwide Automotive, Inc. ( Worldwide ), for violations of Sections 311, 312 and 313 of EPCRA, and its implementing regulations at 40 C.F.R. Parts 370 and 372. The Worldwide facility is located at 4260 Entre Court, Chantilly, VA 20151-2100 ( Facility ). In a letter to EPA dated March 19, 2002, and in subsequent responses to EPA inquiries, Worldwide disclosed that the Facility had failed to submit Material Safety Data Sheets and Tier II Reports to the LEPC, SERC, and the local fire department for copper which had been stored at the Facility in quantities greater than 10,000 pounds. In addition, Worldwide also disclosed that it had failed to submit Toxic Chemical Release Inventory Forms (Forms A and/or Forms R) for copper, for the reporting years 1997 through 2001, as required by Section 313 of EPCRA.
The total gravity-based civil penalty for these violations would be $135,647.00. However, Worldwide satisfied all of the conditions of EPA's Self-Disclosure Policy and the amount of economic benefit gained is insignificant; therefore, EPA waived the gravity-based civil penalty for the disclosed violations