Respondent located in Alden, NY submitted a disclosure under the Audit Policy for Emergency Planing & Community Right to Know Act (EPCRA) 313, and 312. The EPCRA 313 toxic release inventory disclosure is being considered under a separate notice of determination by EPA. As for the EPCRA 312 the company failed to include two chemicals in their Tier 2 reports but have since corrected the issue. EPA assessed the disclosure for 312 and based on information provided it was determined that the facility meets the condition of the Audit Policy for 100% elimination of the total gravity based penalties which could have been otherwise assessed for the 312 EPCRA violation.