On January 30, 2003, EPA issued a Notice of Determination (NOD) pursuant to the EPA's Small Business Compliance Policy, 65 FR 19630 (April 11, 2000) ( Small Business Policy ). EPA has applied the Small Business Policy to Palmer International, Inc. ( Palmer ) disclosures of violations at its Facility, located at 2036 Lucon Road, Skippack, Pennsylvania. Palmer employs fewer than 100 employees. These self disclosures were made via letters dated July 12, 2002, August 27, 2002 and September 11, 2002. The NOD is based on self-disclosures provided 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.
In its letters, Palmer disclosed to the agency that the Facility filed incorrect data on its Toxic Release Inventory Forms ( Forms Rs ) for fomaldehyde for the reporting years 1998 through 2000 as required by Section 313 of EPCRA. The total gravity-based civilty penalty for these violations would be $82,500. However, because Palmer satisfied all the conditions of EPA's Small Business Policy, EPA waived the gravity-based civil penalty for the disclosed violations