LATE Reporter Initiative: 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 Moreng voluntarily submitted to the EPA a late Form R report for MEK on October 4, 2000 for reporting year 1999. The Form was 92 days late. On April 9, 2003, a letter was sent to the company to address this late reporting violation and to request additional information. On May 6, 2003, Moreng provided the requested information. Based on this information, it was determined that Moreng had reported late and had �otherwise used� (as defined in 40 C.F.R. � 372.3) 12,000 lbs of methyl ethyl ketone during 1999.
The 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 penalty was initially calculated using the Enforcement Response Policy (ERP) for Section 313 of EPCRA issued by the USEPA Office of Compliance Monitoring, Office of Pesticides and Toxic Substances, on August 10, 1992. A penalty of $2,209 was proposed.
EPA and Moreng agree that entering into this Consent Agreement and Final Order (�CAFO�