3/27/13 - NOTICE OF DETERMINATION ISSUED. FINDINGS OF FACT: IN AN APRIL 12, 202 EDISCLOSURE TO EPA, COLORMASTERS, LLC DISCLOSED VIOLATIONS OF EPCRA. COLORMASTERS, LLC DID NOT SUBMIT A MATERIAL SAFETY DATA SHEET FOR SULFURIC ACID, AS REQUIRED BY EPCRA 311 AND DID NOT SUBMIT CHEMICAL INVENTORY FORM FOR SULFURIC ACID FOR REPORTING YEARS 2007, 2008, 2009, 2010, AS REQUIRED BY EPCRA 312.
PURSUANT TO THE AUDIT POLICY, AND BASED ON INFO PROVIDED BY THE FACILITY, EPA MAKES THE FOLLOWING FINAL DETERMINATION FOR THE FEDERALLY ENFORCEABLE VIOLATIONS AS IDENTIFIED ABOVE: THE FACILITY DID VIOLATE THE RQUIREMENTS CITED ABOVE; HOWEVER, THE SELF-DISCLOSURE MET THE CONDITIONS OF THE AUDIT POLICY FOR 100 PERCENT ELIMINATION OF THE GRAVITY-BASED PENALTIES FOR THESE VIOLATIONS. THUS, 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.