1/28/2009 - NOTICE OF DETERMINATION ISSUED. RESPONDENT FAILED TO TIMELY SUBMIT TIER II FORMS FOR ITS FACILITY IN LOUISVILLE, KENTUCKY FOR DIESEL FUEL AND OXYGEN FOR REPORTING YEARS 2005, 2006, AND 2007, TO EPA AND THE STATE EMERGENCY RESPONSE COMMISSION, THE LOCAL ENVIRONMENTAL PLANNING COMMITTEE, AND THE FIRE DEPARTMENT WITH JURISDICTION IN THE AREA, AS REQUIRED BY SECTION 312 OF EPCRA. ON APRIL 16, 2008, RESPONDENT SUBMITTED THE FORMS TO THE APPROPRIATE AGENCIES.