8/7/2014 - NOTICE OF DETERMINATION ISSUED.
IN A JULY 12, 2012, LETTER TO EPA, RESPONDENT DISCLOSED VIOLATIONS OF THE CLEAN AIR ACT, AND THE EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT, AS LISTED BELOW:
VIOLATION 1: RESPONDENT VIOLATED CAA SECTION 112(r)(7), BY FAILING TO DEVELOP AND SUBMIT TO THE EPA A RISK MANAGEMENT PLAN ( RMP ).
VIOLATION 2: RESPONDENT VIOLATED EPCRA, BY FAILING TO ADDRESS SULFURIC ACID IN ITS TIER II CHEMICAL INVENTORY REPORTS FOR CALENDAR YEARS 2009, 2010, AND 2011.
DETERMINATION:
RESPONDENT DID VIOLATE LEGAL REQUIREMENTS CITED ABOVE; HOWEVER, THE SELF-DISCLOSURE MET THE CONDITIONS OF THE AUDIT POLICY AS MODIFIED BY THE INTERIM APPROACH AND THEREFORE QUALIFIED FOR 100 PERCENT ELIMINATION OF THE GRAVITY-BASED PENALTIES FOR THESE VIOLATIONS. THEREFORE, THE EPA WILL NOT SEEK GRAVITY-BASED PENALTIES FOR THESE VIOLATIONS. THE EPA FURTHER DETERMINES THAT RESPONDENT DID NOT OBTAIN AN ECONOMIC BENEFIT FROM THESE VIOLATIONS AND THUS, ASSESSMENT OF AN ECONOMIC BENEFIT PENALTY IS NOT WARRANTED.