MSHA - ELKTON MAINTENANCE SHOP

IN A LETTER TO EPA, DATED SEPTEMBER 23, 2009, MSHA DISCLOSED POTENTIAL VIOLATIONS OF THE RESOURCE CONSERVATION AND RECOVERY ACT AND THE CLEAN WATER ACT. EPA EVALUATED ELKTON'S DISCLOSURE, DETERMINED THAT THE FACILITY MET ALL OF THE AUDIT POLICY'S CONDITIONS AND ISSUED A NOTICE OF DETERMINATION RESOLVING THE CASE. On December 17, 2010, EPA issued a Notice of Determination (ANOD@) pursuant its policy, “Incentives for Self-Policing: Discovery, Disclosure, Correction and Prevention of Violations,” 60 FR 66706 (April 11, 2000) (the AAudit Policy@) and “Self Audit/Self Disclosure Agreement between the Maryland Aviation Administration and the U.S. Environmental Protection Agency Region III” (September 15, 2008). The NOD is based on a self-disclosure provided by the Maryland Aviation Administration’s (“MSHA”) Elkton Maintenance Shop Facility, located on 2024 E. Old Philadelphia Road, Elkton, MD. In a letter to EPA, dated September 23, 2009, MSHA disclosed potential violations of the Resource Conservation and Recovery Act and the Clean Water Act. EPA evaluated Elkton’s disclosure, determined that the Facility met all of the Audit Policy’s conditions and did not experience any economic benefit, and therefore qualified for the full penalty mitigation.