On March 31, 2003, EPA issued a Notice of Determination ( NOD ) pursuant to the Final Policy Statement on Incentives for Self-Policing: Discovery, Correction, and Prevention of Violations , 65 Fed. Reg. 19618 (April 18, 2000). The NOD is based on self-disclosures provided by Conestoga Enterprises, Inc. ( Conestoga ), for violations of Sections 302 and 312 of the Emergency Planning and Community Right-to-Know Act ( EPCRA ), 42 U.S.C. Section 11002 and 11022, and its implementing regulations at 40 C.F.R. Part 372 which occurred at Conestoga's CEI Networks, 441 Science Park Road, State College, PA, CEI Networks, 402 S. Allen Street, State College, PA, Conestoga Telephone & Telegraph Company, 2nd & Warwick Street, Boyertown, PA, Conestoga Telephone & Telegraph Company, 202 E. First Street, Birdsboro, PA, Buffalo Valley Telephone Company, 300 Third Street, Mifflinburg, PA, Buffalo Valley Telephone Company, 20 South Second Street, Lewisburg, PA facilities.
In letters to EPA dated December 21, 2001, January 11, 2002, and in a subsequent responses to EPA inquiries Conestoga disclosed that the Facilities had failed to submit Emergency Planning Notification to the State Emergency Planning Committee and Tier II reports to the Local Emergency PLanning Committe and the local fire deparment for Sulfuric Acid, Lead and # 2 Heating Oil, for the reporting years 2000 through 2002, as required by Sections 302 and 313 of EPCRA, 42 U.S.C. section 11002 and 11022.
The total gravity-based