3/18/08 - NOTICE OF DETERMINATION ISSUED. IN A LTR DATED FEB 28, 2007, NCEMC ADMITTED THE FOLLOWING VIOLATIONS OF EPCRA: NCEMC FAILED TO TIMELY SUBMIT NOTIFICATION TO THE LOCAL ENVIRONMENTAL PLANNING COMMITTEE THAT NO. 2 DIESEL FUEL WAS STORED AT ITS FACILITIES IN RALEIGH, BUXTON, AND OCRACOKE, NC, AS REQUIRED BY EPCRA SEC 312. NCEMC ALSO FAILED TO TIMELY SUBMIT FOR ITS FACILIES IN RALEIGH, BUXTON, AND OCRACOKE, NC, TIER II FORMS FOR NO. 2 DIESEL FUEL FOR REPORTING YRS 2004 AND 2005 TO EPA, THE STATE OF NC'S EMERGENCY RESPONSE COMMISSION, THE LOCAL ENVIRONMENTAL PLANNING COMMITTEE, AND THE FIRE DEPT WITH JURISDICITON IN THE AREA, AS REQUIRED BY EPCRA SEC 312. ON MARCH 1, 2007 NCEMC SUBMITTED THE FORMS TO THE APPROPRIATE AGENCIES. UNDER EPA'S ENFORCEMENT POLICY FOR EPCRA VIOLATIONS, A GRAVITY-BASED PENALTY OF $241,476 COULD HAVE BEEN ASSESSED FOR THESE NON-REPORTING VIOLATIONS.