9/17/13 - NOTICE OF DETERMINATION ISSUED. IN A LETTER TO EPA, DATED FEB 19, 2010, THE FEDERAL BUREAU OF PRISONS SUBMITTED A FINAL AUDIT REPORT WHICH DISCLOSED POTENTIAL VIOLATIONS OF FLORIDA'S HAZARDOUS WASTE LAW AND ITS IMPLEMENTING REGULATIONS AT FLORIDA ANNOTATED CODE (FAC) 62-730.160 AND FAC 62-737.400(5) (RCRA AND 40 CFR 262.11, 273.5 AND 273.13). THE DISCLOSURES DETERMINED BY EPA TO BE VIOLATIONS WERE CORRECTED BY DEC 10, 2009. PURSUANT TO THE AUDIT POLICY AND BOP AUDIT AGREEMENT, AND BASED ON INFO PROVIDED BY FDC MIAMI, THE EPA MAKES THE FOLLOWING FINAL DETERMINATION FOR THE FEDERALLY ENFORCEMENT VIOLATIONS AS IDENTIFIED ABOVE: FDC MIAMI DID VIOLATE FLORIDA'S HAZARDOUS WASTE MANAGEMENT RULES AT FAC 62-730.160 AND FAC 62-737.400(5) (40 CFR 262.11, 273.5, 273.13). HOWEVER, THE SELF-DISCLOSURE MET THE CONDITIONS OF THE AUDIT POLICY AND BOP AUDIT AGREEMENT FOR 100 PERCENT ELIMINATION OF THE GRAVITY-BASED PORTION OF THE PENALTIES FOR THESE VIOLATIONS. THUS, EPA WILL NOT SEEK GRAVITY-BASED PENALTIES FOR THESE VIOLATIONS. IN ADDITION, SINCE ANY ECONOMIC BENEFIT ASSOCIATED WITH THESE VIOLATIONS IS NEGLIGIBLE, FOR PURPOSES OF THIS DISCLOSURE, EPA WILL NOT SEEK AN ECONOMIC BENEFIT COMPONENT OF THE PENALTIES.