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used and stored anhydrous ammonia at the Facility in quantities that exceeded the <br /> threshold, as determined under 40 CFR § 68.115. <br /> 22. As an owner or operator of a stationary source that had more than a threshold quantity of <br /> a regulated substance in a process,Respondent was required,under 40 C.F.R. §§ 68.12(a) <br /> and 68.150,to submit an RMP to EPA no later than June 21, 1999. <br /> 23. Respondent,in a violation of Section 112(r)(7) of the CAA,42 U.S.C. § 7412(r)(7),and <br /> 40 CFR §§.68.12(a)and 68.150,failed to submit an RMP for anhydrous ammonia present <br /> at the Facility on or before June 21, 1999. <br /> E. CIVIL PENALTY <br /> 24. Section 113(d) of the CAA,42 U.S.C. § 7413(d), as adjusted by the Debt Collection <br /> Improvement Act of 1996 and 40 CFR Part 19, authorizes a civil administrative penalty <br /> of up to $27,500 per day for violations that occur after January 30, 1997 and before <br /> March 15, 2004. For violations that occur on or after March 15, 2004,a civil <br /> administrative penalty of$32,500 per day is authorized. <br /> 25. Under EPA's Final Policy Statement on Incentives for Self-Policing: Discovery, <br /> Disclosures, Correction and Prevention of Violations, 65 FR 19618, ("Audit Policy"), <br /> effective May 11, 2000,EPA has the discretion to eliminate or substantially reduce the <br /> gravity component of a penalty if it determines that a respondent has satisfied the nine <br /> conditions set forth in the Audit Policy. <br /> 26. The nine conditions a respondent must satisfy under the Audit Policy are: (1) systematic <br /> discovery of the violation through an environmental audit or a compliance management <br /> system; (2) voluntary discovery; (3)prompt disclosure; (4) discovery and disclosure <br /> 5 <br /> CA/FO Provena Foods,dba Swiss American Sausage Co.,Lathrop,CA <br />