A review of the Toxic Release Inventory Envirofacts Database (TRI Database) indicated that the Respondent voluntarily submitted the following Form R reports to the EPA:
Chemical Name Reporting Year Report Due Report Submitted Days Late
phosphoric acid 1998 July 1, 1999 March 29, 2000 271
formaldehyde 1998 July 1, 1999 March 29, 2000 271
biphenyl 1998 July 1, 1999 March 29, 2000 271
diethanolamine 1998 July 1, 1999 March 29, 2000 271
On March 24, 2003, a letter addressing the above late reporting violations was sent to the company in an effort to gain more insight into the circumstances concerning the above violations. Based on the information provided by Oxford Textile Inc. (Oxford) on May 12, 2003, it was determined that Oxford had �processed and otherwise used� (as defined in 40 C.F.R. � 372.3) 36,888 lbs. of phosphoric acid and 139,220 lbs. of formaldehyde during 1998.
Oxford also processed 27,939 lbs. of biphenyl and 21,518 lbs. of diethanolamine in 1998.
Although the company untimely filed a 1998 Form R report for diethanolamine, they were not required to report since they did not exceed the 25,000 lb. processing threshold for the chemical.
These three failures to submit 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 amount of the penalty was initially calculated using the ERP for Section 313 of E