ON JULY 27, 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 ATOFINA FOR VIOLATIONS OF SECTION 12(a)(2)(N) OF THE FEDERAL INSECTICIDE, FUNGICIDE AND RODENTICIDE ACT ( FIFRA ), 7 U.S.C. SECTION 136j(a)(2)(N) and 19 C.F.R. 12.112.
IN A LETTER DATED MARCH 10, 2003 TO EPA, ATOFINA DISCLOSED TO THE AGENCY THAT IT FAILED TO FILE THE REQUIRED NOTICE OF ARRIVAL OF PESTICIDES AND DEVICES FORMS (ENVIRONMENTAL PROTECTION AGENCY FORM 3540-1), ( NOTICE OF ARRIVAL ), FOR IMPORTS OF SODIUM CHLORITE. ATOFINA DISCLOSED IN ITS MARCH 10, 2003 LETTER THAT IT FAILED TO FILE THESE REPORTS ON THIRTY (30) SEPARATE OCCASIONS FROM 1999 - 2003. THE TOTAL GRAVITY-BASED CIVIL PENALTY FOR THESE VIOLATIONS WOULD BE $165,000.00. HOWEVER, BECAUSE ATOFINA 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 VIOLATIONS.