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. We settled this case in this manner.
A review of the Toxic Release Inventory Envirofacts Database (TRI Database) indicated that the Respondent voluntarily submitted Form R reports for nickel, copper, dichloromethane, and trichloroethylene for the calendar year 1999 which were 192 days late. The Form R reports were submitted to the EPA January 9, 2001. On March 28, 2003, a letter addressing the above late reporting violation was sent to the company in an effort to gain more insight into the circumstances concerning the above violation. It was determined that the Respondent had failed to submit a timely Form R reports for nickel, copper, dichloromethane, and trichloroethylene to the Administrator of EPA and to the State of New York for calendar year 1999. This failure to submit each Form R report in a timely manner constitutes a violation 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 Enforcement Response Policy (ERP) for Section 313 of EPCRA issued by the USEPA Office of Compliance Monitoring, Office of Pesticides and Toxic Substances,