7/9/13 - NOTICE OF DETERMINATION ISSUED. IN A JULY 12, 2012, E-DISCLOSURE TO EPA, STUEKEN, LLC, DISCLOSED VIOLATED OF EPCRA, STUEKEN, LLC DID NOT SUBMIT REQUIRED REPORTS FOR TETRACHLOROETHYLENE IN 2006, IN VIOLATION OF EPCRA 311; DID NOT SUBMIT REQUIRED REPORTS FOR TETRACHLOROETHYLENE AND SULFURIC ACID FOR REPORTING YEARS 2007, 2008, 2009, 2010, AND 2011, IN VIOLATION OF EPCRA 312; AND DID NOT SUBMIT REPORTS FOR TETRACHLOROETHYLENE FOR REPORTING YEARS 2006, 2007 AND 2010, IN VIOLATION OF EPCRA 313.
PURSUANT TO THE AUDIT POLICY AND BASED ON INFO PROVIDED BY THE FACILITY, EPA MAKES THE FOLLOWING FINAL DETERMINATION FOR THE FEDERALLY ENFORCEABLE VIOLATIONS AS IDENTIFIED ABOVE: THE FACILITY DID VIOLATE THE REQUIREMENTS CITED ABOVE; HOWEVER, THE SELF-DISCLOSURE MET THE CONDITIONS OF THE AUDIT POLICY FOR 100 PERCENT ELIMINATION OF THE GRAVITY-BASED PENALTIES FOR THESE VIOLATIONS. THUS, EPA WILL NOT SEEK GRAVITY-BASED PENALTIES FOR THESE VIOLATIONS. IN ADDITION, FOR PURPOSES OF THIS DISCLOSURE, EPA WILL NOT SEEK THE ECONOMIC BENEFIT PORTION OF THE PENALTY. CONSISTENT WITH THE PURPOSES OF THE AUDIT POLICY, AND AS AGREED TO IN ITS DISCLOSURE, EPA EXPECTES THE FACILITY TO INSTITUTE, ON A CONTINUING BASIS, THE INTERNAL POLICIES AND PROCEDURES NECESSARY TO PREVENT RECURRENCE OF VIOLATIONS OF ENVIRONMENTAL REQUIREMENTS.