On September 28, 2011, EPA issued a Notice of Determination (ÂNODÂ) pursuant to the Self-Disclosure Policy. The NOD is based on a self-disclosure provided by Stella-Jones Corporation (ÂStella-JonesÂ) regarding violations of Section 112 of the Clean Air Act (ÂCAAÂ), 42 U.S.C.
§ 7412, at its facility located in Reedy, West Virginia.
Stella-Jones violated 40 C.F.R. § 63.11430(c), as authorized by Section 112 of the CAA, 42 U.S.C. § 7412, by failing to prepare a management practice plan for a wood preserving area source. In addition, Stella-Jones violated 40 C.F.R. § 63.11432, as authorized by Section 112 of the CAA, 42 U.S.C. § 7412, by failing to submit an initial notification of compliance and certification of compliance to EPA.
The total gravity-based civil penalty for the violations would be $148,937.25. Since Stella-Jones satisfied all of the conditions of EPAÂs Self-Disclosure Policy and the amount of economic benefit gained was insignificant, EPA waived the gravity-based civil penalty for the disclosed violations.