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. Our intent is to settle this case in this manner. We settled the case in this mannor.
A review of the Toxic Release Inventory Envirofacts Database (TRI Database) indicated that the Respondent voluntarily submitted a Form R report for 1,2,4-trimethylbenzene for the calendar year 1997 which was 226 days 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. As a result of phone conversations between Mr. Joseph Aurillo, Plant Manager, Shorewood Packaging Corporation and Ms. Mary A. Kowalski, Pesticides, and Toxic Substances Branch, it was determined that the Respondent had failed to submit a timely Form R report for 1,2,4-trimethylbenzene for for calendar year 1997 to the Administrator of EPA and to the State of New Jersey. This failure to submit the Form R report, 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 3