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 the Respondent voluntarily submitted a late Form R report to the EPA for polychlorinated alkanes for reporting year 1998 on May 19, 2000. The report was 322 days late.
On February 13, 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 this information, it was determined that General Motors Corporation, Tonawanda Plant had �otherwise used� (as defined in 40 C.F.R. � 372.3) 20,399 lbs. of polychlorinated alkanes during 1998.
The Respondent was required to submit the Form R report by July 1, 1999 for calendar year 1998 to the Administrator of EPA and to the State of New York. 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 Enforcement Response Policy (ERP) for Section 313 of EPCRA issued by the USEPA