The ?Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties, Etc.,? 40 C.F.R. Part 22 (July 1, 2000), provide in 40 C.F.R. ?22.13(b) that when the parties agree to settle one or more causes of action before the filing of an Administrative Complaint, a proceeding may be simultaneously commenced and concluded by the issuance of a Consent Agreement and Final Order pursuant to 40 C.F.R. ?22.18(b)(2) and (3).
A review of the Toxic Release Inventory Envirofacts Database (TRI Database) indicated that the Respondent voluntarily submitted late Form A reports for methanol for calendar year 1999, 2000, and 2001. The Form A reports for 1999 and 2000 were greater than a year late. The Form A report for 2002 was 219 days late.. On July 1, 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. By letter dated July 9, 2003, Mr. Ronald Russell, Acting President, Steel Treaters, Inc., provided the requested information. Based on this information, it was determined that during years 1999, 2000 and 2002 that Steel Treaters, Inc. had otherwise used (as defined in 40 C.F.R. ? 372.3) greater 10,000 pounds of methanol. The Respondent was required to submit the Form A for calendar year 1999 by July 1, 2000, the Form A for calendar year 2000 by July 1, 2001, and the Form A for calendar 2001 by July 1, 2002 to the Administrator of EPA and t