'The Administrative Complaint and the Consent Agreement & Final Order were issued simultaneously in the same document.
The Consolidated Rules of Practive Governing the Administrative Assessment of Civil Penalties, Etc., 40 CFR Part 22 (July 1, 2000), provide in 40 CFR section 22.13(b) that when the parties agree to settle one or more causes of action before the filing of an Administrative Complaint, a proceeding may be simultaneously commenced and concluded by the issuance of a Consent Agreement and Final Order pursuant to 40 CFR section 22.18(b)(2) and (3).
A review of the Toxic Release Inventory Envirofacts Database (TRI Database) indicated that the Respondent voluntarily submitted to the EPA a late Toxic Release Inventroy Form R (Form R) on March 1, 2000 for toluene diisocyanate (mixed isomers) for reporting year 1998 which was 244 days late. On May 29, 2002, 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 June 25, 2002, Environmental Liability Management, Inc. provided the requested information on behalf of Dicon Technologies.
Based on this information, it was determined that Dicon Technologies had processed (as defined in 40 CFR Section 372.3) approximately 29,489 pounds of toluene diisocyanate during 1998 and that the Respondent was required to submit a Form R by July 1, 1999 for calendar year 1998 to the Administrator of EPA and the St