Stature Electric disclosed to EPA on January 20, 2007 under EPAs Audit Policy its failure to file Form R reports for lead for each of calendar years 2002, 2003, 2004 and 2005 and for copper for each of calendar years 2004 and 2005. The disclosure followed an electronic mail inquiry in October 2006 regarding Stature ElectricÂs apparent lack of filing for copper for calendar 2004 following having reported for copper in calendar years 2001, 2002 and 2003. This inquiry was part of our yearly data quality calls. The failure to submit a Form R or Form A report in a timely manner constitutes a violation of Section 313 of EPCRA, 42 U.S.C. 11023, and 40 C.F.R 372.30.
EPA has determined that Stature ElectricÂs request for 100% mitigation under the Audit Policy cannot be granted because the disclosure postdated EPAÂs inquiry and the company fails to meet the No Repeat Violations criterion described at condition D.7 of the Audit Policy.