EPCRA �313 Subpart (a) requires Form R reports to be submitted annually on or before July 1 and to contain data estimating releases during the preceding calendar year. Facilities which submit Form R reports after the July 1 deadline have failed to comply with this annual reporting requirement and have defeated the purpose of EPCRA �313, which is to make this toxic release data available to states and the public annually and in a timely manner.
COUNT 1
Failure to submit in a timely manner a Form R for processing approximately 12,116 pounds of lead for calendar year 2001.
EVIDENCE: (40 CFR �372.30(a) Threshold quantity provided by Wheelock, Inc. subsequent to the February 19, 2003 inspection conducted at the facility and an Envirofacts data pull conducted December 8, 2004.
Proposed Penalty = $23,748
Mitigated Penalty + 0.0 (HQ has requested that penalties for lead subject to the l00 lb threshold for lead under the PBT Rule be assessed at $0 as it was the first year for reporting lead as a PBT chemical.)
COUNT 2
Failure to submit in a timely manner a Form R for processing approximately 10,611 pounds of lead for calendar year 2002.
EVIDENCE: (40 CFR �372.30(a) Threshold quantity provided by Wheelock, Inc. in an Email message to EPA dated January 8, 2004 subsequent to the February 19, 2003 inspection conducted at the facility and an Envirofacts data pull conducted December 8, 2004.
Proposed Penalty = $17,374
TOTAL PROPOSED PENALTY