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. We intend to settle the case in this matter.
A review of the Toxic Release Inventory Envirofacts Database (TRI Database) indicated that the Respondent voluntarily submitted a Form R report for decabromodiphenyl oxide to the EPA for the calendar year 1997 which was 362 days late. On January 30, 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. On February 12, 2003 and March 20, 2003, Hollingsworth & Vose Company (Hollingsworth & Vose) provided the requested information. Based on this information, it was determined that Hollingsworth & Vose had �processed� (as defined in 40 C.F.R. � 372.3) less than ten times the threshold of decabromodiphenyl oxide during 1997. The Respondent was required to submit the Form R report by July 1, 1998 for calendar year 1997 to the Administrator of EPA and to the State of New York. 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 penalt