LATE Reporter Initiative: This is a consolidated action pursuant to our Consolidated Rules of Practice, 40 C.F.R. �22.18(b)(2) and (3), which provide that a proceeding may be simultaneously commenced and concluded by the issuance of a Consent Agreement and Final Order when the parties agree to settle one or more causes of action before the filing of an Administrative Complaint.
A review of the Toxic Release Inventory Envirofacts Database (TRI Database) indicated that Kimble Glass Inc. (Kimble) voluntarily submitted to the EPA late Form R reports for the following:
Chemical Name Reporting Year Report Due Report Submitted Days Late
Barium 1998 July 1, 1999 September 15, 1999 75*
Barium 1999 July 1, 2000 March 19, 2001 260
Barium 2000 July 1, 2001 May 9, 2002 311
* No penalty assessed because late filing less than 90 days
On April 24 2003, a letter was sent to the company to address these late reporting violations and to request additional information. On April 29, May 6, 7 and 13, 2003, Kimble provided the requested information. Based on this information, it was determined that Kimble had reported late and had �processed� (as defined in 40 C.F.R. � 372.3) 35,125, 133,707 and 85,097 lbs of barium during 1998, 1999 and 2000.
These failures to submit the Form R reports, in a timely manner, constitute violations of Section 313 of EPCRA, 42 U.S.C. �11023, and 40 C.F.R �372.30. The penalty was initially calculated using the Enforcement Response Policy