4/9/2012 - NOTICE OF DETERMINATION ISSUED. IN AN AUGUST 6, 2010, LETER TO EPA, RESPONDENT DISCLOSED VIOLATIONS OF SECTION 313 OF EPCRA, PURSUANT TO THE AUDIT POLICY. THE AUGUST 6, 2010, LETTER ALSO CONTAINED INFORMATION CONCERNING CORRECTIVE ACTIONS TAKEN BY RESPONDENT TO COME BACK INTO COMPLIANCE. THE VIOLATIONS RECOGNIZED BY THIS NOTICE OF DETERMINATION FOLLOW:
SECTION 313 OF EPCRA, 42 U.S.C SECTION 11023, FOR FAILURE TO SUBMIT TOXIC RELEASE INVENTORY REPORTS FOR THE REPORTING YEARS 2004 - 2009 FOR DIISOCYANATES. RESPONDENT SUBMITTED THE REPORTS BY OCTOBER 6, 2010.
PURSUANT TO THE AUDIT POLICY AND BASED ON INFORMATION PROVIDED BY RESPONDENT, EPA MAKES THE FOLLOWING FINAL DETERMINATION FOR THE DISCLOSURE IDENTIFIED ABOVE: RESPONDENT MEETS THE CONDITIONS OF THE AUDIT POLICY FOR 100 PERCENT ELIMINATION OF GRAVITY-BASED PENALTIES FOR THESE VIOILATIONS. EPA WILL NOT SEEK GRAVITY-BASED PENALTIES FOR THESE VIOLATIONS. IN ADDITION, FOR PURPOSED OF THIS SELF-DISCLOSURE, NO ECONOMIC BENEFIT WILL BE SOUGHT.