9/14/2011 - NOTICE OF DETERMINATION.
NOD STATES:
IN A MAY 21, 2009, LETTER TO EPA, RDC DISCLOSED VIOLATIONS OF SECTION 313 OF THE EPCRA, THAT INCLUDED FAILURE TO FILE FORM R REPORTS FOR THE 2005, 2006 AND 2007 REPORTING YEARS FOR CHROMIUM, COPPER, LEAD, MANGANESE, AND PHOSPHORUS, WHICH WERE PRESENT AT THE FACILITY IN QUANTITIES THAT EXCEEDED THE THRESHOLD PLANNING QUANTITIES SET FORTH IN 40 C.F.R. SECTION 372.25. THE LETTER ALSO CONTAINED INFORMATION CONCERNING ACTIONS TAKEN BY RDC TO COME BACK INTO COMPLIANCE.
PURSUANT TO THE AUDIT POLICY AND BASED ON INFORMATION PROVIDED BY RDC, EPA MAKES THE FOLLOWING FINAL DETERMINATION FOR THE DISCLOSURE IDENTIFIED. RDC MEETS THE CONDITIONS OF THE AUDIT POLICY FOR 100 PERCENT ELIMINATION OF GRAVITY-BASED PENALTIES FOR THESE VIOLATIONS. EPA WILL NOT SEEK GRAVITY-BASED PENALTIES FOR THESE VIOLATIONS. IN ADDITION, FOR PURPOSES OF THIS SELF-DISCLOSURE, NO ECONOMIC BENEFIT WILL BE SOUGHT. AS A RESULT, EPA ASSESSES ZERO PENALTIES FOR THESE VIOLATIONS.