A review of the Toxic Release Inventory Envirofacts Database (TRI Database) indicated that the Respondent voluntarily submitted a late Form R for zinc compounds for the calendar year 2004. On March 7, 2007, a showcause 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. The company processed approximately 33,500 pounds of zinc compounds in 2004. The Respondent was required to submit a Form R or Form A by July 1, 2005 for calendar year 2004 to the Administrator of EPA and to the State of New York. The Form R was postmarked August 16, 2006 which was greater than one year late. This failure to submit the Form R in a timely manner constitutes a violation of Section 313 of EPCRA, 42 U.S.C. §11023, and 40 C.F.R §372.30. The amount of 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 April 12, 2001. The original proposed penalty was $6,400.