ON DECEMBER 22, 2003, 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 STIHL, INC., VIRGINIA BEACH PLANT ( STIHL ), FOR VIOLATIONS OF SECTIONS 313 OF THE EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT ( EPCRA ) 42 U.S.C. SECTION 11023, AND ITS IMPLEMENTING REGULATIONS AT 40 C.F.R. PART 372 AT ITS FACILITY LOCATGED AT 526 VIKING DRIVE, VIRGINIA BEACH, VIRGINIA.
IN A LETTER TO EPA DATED JULY 2, 2003, AND IN SUBSEQUENT RESPONSES TO EPA INQUIRIES STIHL DISCLOSED THAT THEY HAD FAILED TO SUBMIT TOXIC CHEMICAL RELEASE INVENTORY FORMS (FORM R) FOR TOLUENE FOR THE REPORTING YEAR 1997 AND TOLUENE AND XYLENE FOR THE REPORTING YEARS 1998 THROUGH 2001 AS REQUIRED BY SECTION 313 OF EPCRA, 42 U.S.C. SECTION 11023.
THE TOTAL GRAVITY-BASED CIVIL PENALTY FOR THESE VIOLATIONS WOULD BE $168,300.00. HOWEVER, STIHL 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 GAINE DIS INSIGNIFICANT, EPA HAS ALSO WAIVED THE ECONOMIC BENEFIT PENALTY FOR THE DISCLOSED VIOLATION