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 Losurdo Foods, Inc. voluntarily submitted to the EPA late Form R reports for the following:
Chemical Name ReportingYear Report Due Report Submitted Days Late
nitric acid 1998 July 1, 1999 September 10,2002 >365
nitric acid 1999 July 1, 2000 September 10,2002 >365
nitric acid 2000 July 1, 2001 September 10,2002 >365
On June 27, 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 Losurdo Foods Inc.�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 $56,100 if a