6/28/2010 - NOTICE OF DETERMINATION ISSUED.
IN A JULY 14, 2009, LETTER TO EPA, RESPONDENT DISCLOSED VIOLATIONS OF SECTION 313 OF THE EMERGENCY PLANNING AND COMMUITY RIGHT TO KNOW ACT ( EPCRA ), 42 U.S.C SECTION 11023, PURSUANT TO THE AUDIT POLICY. THE JULY 14, 2009, LETTER ALSO CONTAINED INFORMATION CONCERNING CORRECTIVE ACTIONS TAKEN BY RESPONDENT TO COME BACK INTO COMPLLIANCE. THE VIOLATION RECOGNIZED BY THIS NOD FOLLOWS:
- 40 CFR SECTION 372.85,FAILURE TO SUBMIT TOXIC RELEASE INVENTORY REPORTS FOR THE 2008 REPORTING YEAR FOR ARSENIC.
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.