7/30/12 - NOTICE OF DETERMINATION. IN A JUNE 17, 2011, LETTER TO EPA, GAK DISCLOSED VIOLATIONS OF EPCRA 313. SPECIFICALLY, GAK DISCLOSED THAT IT HAD FAILED TO FILE FORM R REPORTS FOR REPORTING YEARS 2007, 2008 AND 2009 FOR DIISOCYANATES, AND FOR REPORTING YEARS 2007 AND 2008 FOR N-METHYL-2-PYRROLIDONE. THE CHEMICALS WERE PRESENT AT THE HOPKINSVILLE, KENTUCKY FACILITY IN AMOUNTS GREATER THAN THE THRESHOLD PLANNING QUANTITIES OF 25,000 POUNDS EACH YEAR FOR DIISOCYANATES, AND 10,000 POUNDS FOR EACH YEAR FOR N-METHYL-2-PYRROLIDONE. THE LETTER ALSO CONTAINED INFORMATION CONCERNING CORRECTIVE ACTIONS TAKEN BY GAK TO COME BACK INTO COMPLIANCE.
PURSUANT TO THE AUDIT POLICY AND BASED ON INFORMATION PROVIDED BY GAK, THE EPA MAKES THE FOLLOWING FINAL DETERMINATION FOR THE FEDERALLY ENFORCEABLE VIOLATIONS IDENTIFIED: GAK VIOLATED EPCRA SECTION 313 BY FAILING TO SUBMIT FORM R REPORTS FOR THE 2007, 2008 AND 2009 REPORTING YEARS FOR DIISCYANATES; GAK VIOLATED EPCRA SECTION 313 BY FAILING TO SUBMIT FORM R REPORTS FOR THE 2007 AND 2008 REPORTING YEARS FOR N-METHYL-2-PYRROLIDONE; AND THE GAK SELF-DISCLOSURE MEETS THE CONDITIONS OF THE AUDIT POLICY FOR 100 PERCENT ELIMINATION OF THE GRAVITY-BASED PORTION OF THE PENALTY.