Respondent violated Section 313 of EPCRA, 42 U.S.C. section 11023, by failing to timely file a Form R for formic acid for the calendar year 1999. The violations which are the subject of this Consent Agreement were voluntarily disclosed by the Respondent to the EPA by letter dated December 4, 2000. On October 26, 2001, EPA denied Sunoco, Inc, relief under the Incentives for Self-Policing: Discovery, Disclosure, Correction and Prevention of Violations ( Self-Disclosure Policy ), 65 Fed. Reg 19618 (April 11, 2000). The assessed penalty was $20,359.00. However, Respondent was eligible for a 60% reduction in penalty pursuant to the EPCRA 313 Enforcement Response Policy ( ERP ), dated August 10, 1992, which is reflected in the provisions of the CA/FO.
The CA/FO provides the findings of fact and legal conclusions made by the Agency in determining that the Respondents failed to comply with Section 313 of EPCRA by not timely filing a toxic release inventory form for the year 1999. Respondents agreed to pay a civil penalty of $8,144.00 as provided in the CA/F