On October 12, 2004 Solvay Solexis, Inc. submitted a written and signed statement of voluntary disclosure to EPA, stating that it had failed to file EPCRA TRI Form R Toxic Release Inventory Reports for manufacturing the aerosol form of hydrochloric acid for calendar years 1996 thru 2003 as required by Section 313 of the Emergency Community Right-to-Know Act (EPCRA),
42 U.S.C. � 11023, and the Federal regulations that set out in greater detail the Section 313 reporting requirements, 40 C.F.R. Part 372. The company had filed for hydrochloric acid prior to 1995. A qualifier was added to the hydrochloric listing in 1995 that limited the need to report only to those companies manufacturing, processing or otherwise using hydrochloric acid as an acid aerosol. Solvay Solexis, Inc. had misinterpreted this change and stopped filing. EPA records indicate that the missing Form R reports were sent to the U.S. EPA on November 15, 2004 within the 60 day period allowed under the Audit Policy. These submissions brought the company into compliance for these reports. If an administrative complaint had been issued in this case, the penalties could have been assessed at $85,532.