On March 27, 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 Taylor Packing Company, Inc. for violations of Section 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. The Facility is located at PA Route 706, P.O.Box 188, Wyalusing, Pennsylvania.
In letters dated May 28, 2002 and December 5, 2002 to EPA, Taylor Packing Company, Inc. disclosed to the agency that the Facility had failed to file Toxic Release Inventory Forms ( Form Rs ) for water dissociable nitrate compounds for the reporting years 1997 through 2000. The total gravity-based civil penalty for these violations would be $110,000.00. However, because Taylor Packing Company, Inc. satisfied all of the conditions of EPA's Self-Disclosure Policy and the amount of economic benefit gained was insignificant, EPA waived the gravity-based civil penalty for the disclosed violation