ON MARCH 24, 2004, EPA ISSUED A NOTICE OF DETERMINATION ( NOD ) PURSUANT TO THE FINAL POLICY STATEMENT ON 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 CEMCOLIFT, INC. ( CEMCO ), FOR VIOLATIONS OF SECTION 313 OF THE EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT ( ECPRA ) 42 U.S.C. SECTION 11023, AND ITS IMPLEMENTING REGULATIONS AT 40 C.F.R. PART 372 AT ITS FACILITY LOCATED AT 2801 TOWNSHIP LINE ROAD, HATFIELD, PENNSYLVANIA.
IN A LETTER TO EPA DATED JULY 17, 2003, AND IN SUBSEQUENT RESPONSES TO EPA INQUIRIES CEMCO DISCLOSED THAT THEY HAD FAILED TO SUBMIT TOXIC CHEMICAL RRELEASE INVENTORY FORMS (FORM R) FOR MANGANESE FOR THE REPORTING YEAR 2000 AND FOR MANGANESE AND CHROMIUM FOR THE REPORTING YEARS 2001 AS REQUIRED BY SECTION 313 OF EPCRA, 2 U.S.C. SECTION 11023.
THE TOTAL GRAVITY-BASED CIVIL PENALTY FOR THESE VIOLATIONS WOULD BE $56,100.00. HOWEVER, CEMCO 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 IS INSIGNIFICANT, EPA HAS ALSO WAIVED THE ECONOMIC BENEFIT PENALTY FOR THE DISCLOSED VIOLATIONS