On March 27, 2003, EPA issued a Notice of Determination ( NOD ) pursuant to the Final Policy Statement on Incentives of 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 Honeywell International Inc. ( Honeywell ), 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 at its facility located at the intersection of Routes 46 & 446, Smethport, Pennsylvania.
In a letter to EPA dated October 31, 2002, and in a subsequent responses to EPA inquiries Honeywell disclosed that the Facility had failed to submit Toxic Chemical Release Inventory Forms (Forms A and/or Forms R) for mercury compounds, sulfuric acid, n-hexane, polycyclic aromatic coumpounds, hydrochloric acid, and zinc compounds, for reporting years 1999 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 $149,848.00. However, Honeywell satisfied all of the conditions of EPA's Self-Disclosure Policy and the amount of economic benefit gained is insignificant, EPA waived the gravity-based civil penalty for the disclosed violations