On January 7, 2004, EPA issued a Notice of Determination ( NOD ) pursuant to the Final Policy Statement on Incentives for Self-Policing: Discovery, Disclosure, Correction, and Prevention of Violations , 65 Fed. Reg. 19618 (April 11, 2000). The NOD is based on self-disclosures provided by Carter Machinery Company ( Carter ), for violations of Sections 311 and 312 of the Emergency Planning and Community Right-to-Know Act ( EPCRA ), 42 U.S.C. ���� 11021 and 11022, and its implementing regulations at 40 C.F.R. Part 372 which occurred at Carter's Chesapeake VA; Norton, VA; Mechanicsville, VA; Salem, VA; Lynchburg, VA; Fishersville, VA; Bluefield, WV; and Pineville, VA facilities.
In a letter to EPA dated April 25, 2003 and in a subsequent responses to EPA inquiries Carter disclosed that the Facilities had failed to submit Emergency Planning Notification to the State Emergency Planning Committee and Tier II reports to the Local Emergency Planning Committee and the local fire department for Amoco Diesel Fuel, No. 2; CAT Diesel Engine Oil (CG-4); Cat Trans/Drive Trn 30; Propane BOC Gases, and Battery Acid (Sulfuric Acid) stored for use by the Facilities met the EPCRA 311 and 312 reporting thresholds. In addition, Carter revealed that it had not submitted Material Safety Data Sheets ( MSDS ) or Tier II Hazardous Chemical Inventory forms for the reporting years 2001 and 2002.
The total gravity-based civil penalty for these violations would be $159,500.00. However, Car