The failure to submit a Form R report or Form A certification statement in a timely manner constitutes a violation of Section 313 of EPCRA, 42 U.S.C. 11023, and 40 C.F.R 372.30. Acrilex Inc. submitted a Form A on June 15, 2007 for the 2005 calendar year. the Form A was 347 days late. The amount of the penalty was initially calculated using the Enforcement Response Policy (ERP) for Section 313 of EPCRA issued by the USEPA Office of Compliance Monitoring, Office of Pesticides and Toxic Substances, on April 12, 2001. The original proposed penalty would have been $21,200.