IN MARCH, 2004, EPA ISSUED A NOTICE OF DETERMINATION ( NOD ) PURSUANT TO THE INCENTIVES FOR SELF-POLICING: DISCOVERY, DISCLOSURE, CORRECTION, AND PREVENTION OF VIOLATIONS , 65 FED. REG. 19618 (APRIL 11, 2000). THE NOD IS BASED ON SELF-DISCLOSURES PROVIDED BY LNP ENGINEERING PLASTICS, INC., THORNDALE PLANT ( LNP ), FOR VIOLATIONS OF SECTION 312 AND 313 OF THE EMERGENCY REGULATIONS AT 40 C.F.R. PARTS 370 AND 372 AT ITS FACILITY LOCATED AT 251 SOUTH BAILEY ROAD, THORNDALE, PA 19372.
IN A LETTER TO EPA DATED JUNE 5, 2003, JULY 30, 2003, AND IN SUBSEQUENT RESPONSES TO EPA INQUIRIES LNP DISCLOSED ITS FAILURE TO SUBMIT TIER II HAZARDOUS CHEMICAL INVENTORY FORMS FOR SEVERAL HAZARDOUS CHEMICALS WHICH HAD BEEN STORED AT THE FACILITY IN QUANTITIES OVER THE REPORTABLE THRESHOLD DURING THE CALENDAR YEAR 2002. IN ADDITION, LNP DISCLOSED ITS FAILURE TO SUBMIT TOXIC CHEMICAL RELEASE INVENTORY ( TRI ) FORM R FOR ZINC COMPOUNDS, ANTIMONY COMPOUNDS AND OPPER DEFICIENCIES FOR THE CALENDAR YEARS 1997 THROUGH 2001.
THE TOTAL GRAVITY-BASED CIVIL PENALTY FOR THESE VIOLATIONS WOULD BE $172,426. HOWEVER, LNP SATISFIED ALL OF THE CONDITIONS OF EPA'S SELF-DISCLOSURE POLICY AND THEREFORE EPA WAIVED THE GRAVITY-BASED CIVIL PENALTY FOR THE DISCLOSED VIOLATIONS. IN ADDITION, GIVEN THAT THE AMOUNT OF ECONOMIC BENEFIT GAINED IN INSIGNIFICANT, EPA HAS ALSO WAIVED THE ECONOMIC BENEFIT PENALTY FOR THE DISCLOSED VIOLATION