3/7/05 - NOTICE OF DETERMINATION ISSUED. IN A LETTER DATED SEPTEMBER 14, 2001, MARSHALL DURBIN ADMITTED VIOLATIONS OF SECTION 313 OF EPCRA AT ITS FACILITIES LOCATED IN HATTIESBURG, MISSISSIPPI AND JACKSON, ALABAMA, BY FAILING TO TIMELY SUBMIT TRI REPORTS FOR REPORTING YEARS 1998 THROUGH 1999 FOR AMMONIA AND CHLORINE. MARSHALL DURBIN ALSO FAILED TO TIMELY SUBMIT TRI REPORTS FOR REPORTING YEARS 1998 THROUGH 1999 FOR COPPER COMPOUNDS FOR ITS FACILITIES LOCATED IN HALLEYVILLE, ALABAMA; WAYNESBORO, MISSISSIPPI; AND PHILADELPHIA, MISSISSIPPI. IN HIS SEPTEMBER 14, 2001, LETTER TO EPA, MARSHALL DURBIN REVEALED THAT FOLLOWING THE INITIAL STAGES OF AN ENVIRONMENTAL AUDIT, THE COMPANY LEARNED THAT EPA DID NT HAVE FORM Rs OR FORM A REPORTS FOR THE YEARS 1997 THROUGH 2001. EPA RESPONDED TO MARSHALL DURBIN'S LETTER ON SEPTEMBER 20, 2001. IN THAT LETTER, EPA REQUESTED ADDITIONAL INFO NECESSARY TO DETERMIN WHETHER MARSHALL DURBIN MET THE NINE CONDITIONS FOR PENALTY MITIGATION OR A PENALTY REDUCTION. IN A LETTER TO EPA DATED OCTOBER 19, 2001, MR. WILLIAM J. COLE INFORMATION EPA THAT HIS FIRM HAD BEEN RETAINED AS COUNSEL BY MARSHALL DURBIN. IN THAT LETTER, MR. COLE REQUESTED AN ADDITIONAL 10 DAYS IN WHICH TO RESPOND TO THE REQUEST FOR ADDITIONAL INFORMATION. ON OCTOBER 29, 2001, MR. COLE INFORMED EPA THAT BASED ON COMPANY RESEARCH, IT HAD BEEN DETERMINED THAT REPORTS FOR YEARS 1998 THROUGH 2000 HAD BEEN ELECTRONICALLY SUBMITTED TO EPA, THEREFORE NO VIOLATIONS HAD OCCURRED. A REVIEW O