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 Alfred Heller Heat Treating Company voluntarily submitted to the EPA late Form R reports for the following:
Chemical Name ReportingYear Report Due Report Submitted Days Late
sodium nitrite 1998 July 1, 1999 June 28, 2000 362
nitrate compounds 1998 July 1, 1999 June 28, 2000 362
On June 30, 2003, a letter was sent to the company to address these late reporting violations and to request additional information. Based on the information provided by Alfred Heller Heat Treating Company�s initial response and subsequent communications the late reporting was confirmed.
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 (ERP) for Section 313 of EPCRA issued by the USEPA Office of Compliance Monitoring, Office of Pesticides and Toxic Substances, on August 10, 1992. The original proposed penalty would have been $10,928 if an administrative complai