7/27/05 - NOTICE OF DETERMINATION ISSUED.
VIOLATION 1: KERR FAILED TO SUBMIT MATERIAL SAFETY DATA SHEETS (MSDS) FOR SULFURIC ACID TO THE STATE EMERGENCY RESPONSE COMMISSION (SERC), THE LOCAL EMERGENCY PLANNING COMMITTEE (LEPC), AND THE FIRE DEPT WITH JURISDICTION OVER THE FACILITY WITHIN 3 MONTHS AFTER BEING REQUIRED TO PREPARE OR HAVE AVAILABLE A MSDS FOR SURFURIC ACID UNDER THE OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970, AS REQUIRED BY SECTION 311 OF EPCRA.
VIOLATION 2: KERR FAILED TO TIMELY SUBMIT TIER II REPORTS FOR SULFURIC ACID TO THE STATE EMERGENCY RESPONSE COMMISSION (SERC), THE LOCAL EMERGENCY PLANNING COMMITTEE (LEPC), AND THE FIRE DEPT WITH JURISDICTION OVER THE FACILITY FOR CALENDAR YEARS 2002 THROUGH 2004, AS REQUIRED BY SECTION 312 OF EPCRA.
ON APRIL 14, 2005, KERR SUBMITTED THE REPORTS TO THE APPROPRIATE AGENCIES