ON MARCH 31, 2005, EPA ISSUED A NOTICE OF DETERMINATION ( NOD ) BASED ON A SELF-DISCLOSURE BY RITCHEY METALS COMPANY, INC. ( RITCHEY METALS ) FOR VIOLATIONS OF SECTION 313 OF ECRA AT ITS FACILITY LOCATED IN HENDERSONVILLE, PENNSYLVANIA. RITCHEY METALS DISCLOSED THAT IT HAD FAILED TO TIMELY SUBMIT TO EPA AND THE COMMONWEALTHH OF PENNSYLVANIA A TOXIC CHEMICAL RELEASE INVENTORY REPORT (FORM R) FOR ALUMINUM, COPPER, LEAD, AND ZINC FOR REPORTING YEARS 2001-2002. THE TOTAL GRAVITY-BASED CIVIL PENALTY FOR THESE VIOLATIONS WOULD BE $78,100. HOWEVER, RITCHEY METALS SATISFIED ALL THE CONDITIONS OF EPA'S SMALL BUSINESS POLICY AND THEREFORE EPA WAIVED THE GRAVITY-BASED CIVIL PENALTY FOR THE DISCLOSED VIOLATIONS. IN ADDITION, GIVEN THAT NO SIGNIFICANT ECONOMIC BENEFIT HAS ACCRUED TO RITCHEY METALS CONCERNING ITS VIOLATIONS, EPA HAS WAIVED THE ECONOMIC BENEFIT PENALTY FOR THE DISCLOSED VIOLATIONS.