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 the Respondent voluntarily submitted the following Form R to the EPA:
CHEMICAL YEAR DUE DATE POSTMARK DATE DAYS LATE
STYRENE 2000 07/01/2001 11/07/01 128
On July 2, 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. On July 9, 2003, the company provided the requested information. Based on this information, it was determined that Viking Yacht Company had �processed� (as defined in 40 C.F.R. � 372.3) approximately 793,000 pounds of styrene during calendar year 2000. The Respondent was required to submit the Forms R by July 1, 2001 for calendar year 2000 to the Administrator of EPA and to the State of New Jersey. This failure to submit the Form R 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 O