12/21/2012 - NOTICE OF DETERMINATION ISSUED.
IN AN APRIL 5, 2012 SUBMITTAL TO EPA, SPANISH TRAIL DISCLOSED FIVE VIOLATIONS OF THE REPORTING REQUIREMENTS SET FORTH IN SECTIONS 311 AND 312 OF THE EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW ACT (EPCRA). BY APRIL 30, 2012, SPANISH TRAIL HAD CORRECTED THE REPORTING VIOLATIONS, WHICH SIGNALED ITS RETURN TO COMPLIANCE.
PURSUANT TO THE AUDIT POLICY AND BASED ON INFORMATION PROVIDED BY SPANISH TRAIL, EPA MAKES THE FOLLOWING FINAL DETERMINATION FOR THE DISCLOSURE IDENTIFIED ABOVE: THE SPANISH TRAIL SELF DISCLOSURE MEETS THE CONDITIONS OF THE EPA AUDIT POLICY FOR 100 PERCENT ELIMINATION OF GRAVITY-BASED PENALTIES FOR ITS VIOLATIONS OF EPCRA. EPA WILL NOT SEEK GRAVITY-BASED PENALTIES FOR THESE VIOLATIONS. IN ADDITION, FOR PURPOSES OF THIS DISCLOSURE, EPA WILL NOT SEEK THE ECONOMIC BENEFIT PORTION OF THE PENALTY.