LATE REPORTER INITITATIVE - 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 A report instead of a Form R report to the EPA for napthalene for reporting year 1999 on July 25, 2001. The report was filed 388 days late. On April 9, 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 April 24 and May 6, 2003, Ondeo Nalco provided the requested information. Based on this information, it was determined that they processed (as defined in 40 C.F.R. � 372.3) 35,597 lbs of napthalene during 1999.
The Respondent was required to submit the Form R report by July 1, 2000 for calendar year 1999 to the Administrator of EPA and to the State of New Jersey. This failure to submit a 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 Enforce