This enforcement action was filed in response to violations discovered during an EPCRA compliance inspection which was conducted on 7/17/2008. The facility had on site anhydrous ammonia as well as sulfuric acid and lead in the form of lead-acid batteries. All three substances were in quantities above the RQ for each. At that time it was noted that the last Tier II form was submitted for calendar year 2003 and only listed anhydrous ammonia. The Tier II form for 2007 was submitted 193 days late. The Tier II forms for calendar years 2008, 2009 and 2010 were submitted on time but did not include lead. On 2/1/2012 EPA filed the Administrative Complaint. Summit provided an Answer to Complaint with additional financial information supporting an inability to pay claim. Upon evaluation of this information, EPA determined that Summit is not able to pay any level of penalty. Summit will certify compliance with EPCRA to the EPA.