BSC acquired Guidant Corporation on April 21, 2006. Following the acquisition, BSC integrated the Guidant facilities into BSCs environmental management system and on October 12, 2006, a third-party auditing firm informed BSC of its findings for the Dorado Guidant facility.Under EPAs Enforcement Response Policy (ERP) for Section 313 of EPCRA issued by the USEPA Office of Compliance Monitoring, Office of Pesticides and Toxic Substances, on August 10, 1992, a gravity-based penalty of at least $92,000 could have been assessed for these non-reporting violations.
The facility also disclosed that it had failed to report argon on its Tier II chemical inventory for calendar years 2004 and 2005. The facility submitted revised SARA 312 reports for 2004 and 2005 on November 8, 2006 to the Puerto Rico State Emergency Response Commissions Environmental Quality Board (40 CFR Parts370.20 and 370.25). The Section 312 violations of EPCRA could have resulted in a penalty of at least $10,000 under Section 325 of EPCRA U.S.C. 11045. A total Sections 312 and 313 penalty of at least $102,000 could have been assessed for these violations.