Based on information provided by Circuitek, we believe that Circuitek's application for 100% mitigation is valid, because the requirements of conditions D.1 thru D.7 of the Audit Policy appear to have been met. Based on this determination, we recommend that no monetary penalty be assessed in this case. Accordingly, we propose to settle the matter with no penalty and issue a Notice of Determination.
If a Civil Administrative Complaint were to be issued in this case for the non-reporting of ammonia for the 1997 calendar year, it would include a proposed gravity-based penalty of $18,700 (penalty calculated pursuant to Enforcement Response Policy for Section 313 of EPCRA promulgated by the U.S. EPA Office of Compliance Monitoring, Office of Pesticides and Toxic Substances, on August 10, 1993 and Penalty Policy Supplements pursuant to the Civil Penalty Inflation Adjustment Rule of April 18, 1997)