The �Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties, Etc.,� 40 C.F.R. Part 22 (July 1, 2000), provide in 40 C.F.R. �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 C.F.R. �22.18(b)(2) and (3). The EPA intends to settle this case in this manner.
A review of the Toxic Release Inventory Envirofacts Database (TRI Database) indicated that the Respondent voluntarily submitted a late Form R for toluene for the calendar year 1997. The Form R was greater than a year late. On January 13, 2003, 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. By letter dated February 27, 2003, Prime Environmental Inc. provided the requested information for Jasco Industries, Inc.. Based on this information, it was determined that Jasco Industries, Inc. had �otherwise used� (as defined in 40 C.F.R. � 372.3) greater than 10,000 pounds of toluene during 1997. The Respondent was required to submit the Form R by July 1, 1998 for calendar year 1997 to the Administrator of EPA and to the State of New York. The Form R was postmarked July 16, 1999. This failure to submit the Form R, in a timely manner, constitutes a violation of