6/28/10 - NOTICE OF DETERMINATION ISSUED.
IN A JULY 8, 2008, LETTER TO EPA, RESPONDENT DISCLOSED VIOLATIONS OF SECTION 312 OF THE EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW ACT ( EPCRA ), 42 U.S.C. SECTION 11022, PURSUANT TO THE AUDIT POLICY. THE JULY 8, 2008, LETTER ALSO CONTAINED INFORMATION CONCERNING CORRECTIVE ACTIONS TAKEN BY RESPONDENT TO COME BACK INTO COMPLIANCE. THE VIOLATIONS RECOGNIZED BY THIS NOD FOLLOW:
- 40 CFR SECTION 370.44, FAILURE TO SUBMIT TIER II REPORT FOR THE 2005 REPORTING YEAR FOR SULFURIC ACID.
- 40 CFR SECTION 370.44, FAILURE TO SUBMIT TIER II REPORT FOR THE 2006 REPORTING YEAR FOR SULFURIC ACID.
- 40 CFR SECTION 370.44, FAILURE TO SUBMIT TIER II REPORT FOR THE 2007 REPORTING YEAR FOR SULFURIC ACID.
PURSUANT TO THE AUDIT POLICY AND BASED ON INFORMATION PROVIDED BY RESPONDENT, EPA MAKES THE FOLLOWING FINAL DETERMINATION FOR THE DISCLOSURE IDENTIFIED ABOVE: RESPONDENT MEETS THE CONDITIONS OF THE AUDIT POLICY FOR 100 PERCENT ELIMINATION OF GRAVITY-BASED PENALTIES FOR THESE VIOLATIONS. IN ADDITION, FOR PURPOSES OF THIS SELF DISCLOSURE, NO ECONOMIC BENEFIT WILL BE SOUGHT. THEREFORE, EPA ASSESSES A ZERO PENALTY.