This is a consolidated action pursuant to our Consolidated Rules of Practice (40 C.F.R. �22.18(b)(2) and (3)), which provide that a proceeding may be simultaneously commenced and concluded by the issuance of a Consent Agreement and Final Order when the parties agree to settle one or more causes of action before the filing of an Administrative Complaint.
A review of the Toxic Release Inventory Envirofacts Database (TRI Database) indicated that the Respondent voluntarily submitted a Form R for zinc compounds for the calendar year 1998 which was more than one year late. On March 7, 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. Based on information obtained during several phone conversations between Mr. David Land, Environmental Manager, Valero Refining Company New Jersey and Ms. Mary Ann Kowalski, of the Pesticides and Toxic Substances Branch, it was confirmed that the company had �processed� (as defined in 40 C.F.R. � 372.3) greater than 25,000 pounds of zinc compounds during 1998. The Respondent was required to submit the Form R for zinc compounds by July 1, 1999 for calendar year 1998 to the Administrator of EPA and to the State of New Jersey. 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 calcul