Attached please find a Consent Agreement and Final Order for your signature. 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 Forms R to the EPA:
CHEMICAL YEAR DUE DATE POSTMARK DATE DAYS LATE
PHENOL 2001 July 1, 2002 June 30, 2003 1 year
On December 24, 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 or about February 4, 2004, a phone conversation was held between Ms. Mary Ann Kowalski of the Pesticides and Toxic Substances Branch and Mr. Matthew Barmasse, Environmental Health, Safety and Quality Director, Van De Mark Chemical Corporation during which Mr. Barmasse provided the requested information. Based on this information, it was determined that Van De Mark Chemical Corporation had �processed� (as defined in 40 C.F.R. � 372.3) approximately 137,23 pounds of phenol during calendar year 2001. The Respondent was required to submit the required Form R by July 1, 2002 for calendar year 200