3/25/2013 - NOTICE OF DETERMINATION ISSUED.
IN A JUNE 1, 2012, EDISCLOSURE TO THE EPA, PALM COMMODITIES INTERNATIONAL, INC., DISCLOSED VIOLATIONS OF THE EMERGENCY COMMUNITY RIGHT-TO-KNOW ACT (EPCRA). PALM COMMODITIES INTERNATIONAL, INC., DID NOT SUBMIT A TRI FORM R REPORT FOR CADIUM AND SUBMITTED A TRI FORM R REPORT FOR NICKEL COMPOUNDS WHICH CONTAINED AN ERROR, FOR REPORTING YEAR 2010, IN VIOLATION OF SECTION 313 OF EPCRA.
PURSUANT TO THE AUDIT POLICY, AND BASED ON INFORMATION PROVIDED BY THE FACILITY, THE EPA MAKES THE FOLLOWING FINAL DETERMINATION FOR THE FEDERALLY ENFORCEABLE VIOLATIONS AS IDENTIFIED ABOVE: THE FACILITY DID VIOLATE THE REQUIREMENTS CITED ABOVE; HOWEVER, THE SELF-DISCLOSURE MET THE CONDITIONS OF THE AUDIT POLICY FOR 100 PERCENT ELIMINATION OF THE GRAVITY-BASED PENALTIES FOR THESE VIOLATIONS. THUS, EPA WILL NOT SEEK GRAVITY BASED PENALTIES FOR THESE VIOLATIONS. IN ADDITION, FOR PURPOSES OF THIS DISCLOSURE, THE EPA WILL NOT SEEK THE ECONOMIC BENEFIT PORTION OF THE PENALTY.