By disclosure letter and Audit Policy Eligibility Checklist submitted August 4, 2008, Frito-Lay disclosed to EPA that their Jonesboro, Arkansas facility had a non-reporting violation for Nitric Acid for 2005, and late reporting violations for Nitric Acid and Nitrate Compounds for 2006. Frito-Lay has subsequently corrected and submitted the Toxic Release Inventory Form R Reports for 2005 - 2006 to the EPA and to the State of Arkansas. The disclosure met all 9 conditions of the Audit Policy; therefore, the gravity-based penalty was waived.