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 the following Form R report to the EPA:
CHEMICAL YEAR DUE DATE POSTMARK DATE DAYS LATE
TOLUENE DIISOCYANATE (MIXED ISOMERS) 2000 R 07/01/01 11/26/01
On June 27, 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. An informal settlement conference was held by phone between Mr. Ryan and Ms. Mary A. Kowalski of the Pesticides and Toxic Substances Branch on August 8, 2003. It was determined that Schlegel Systems Inc. had processed approximately 350,000 pounds of toluene diisocynate (mixed isomers) during calendar year 2000. The Respondent was required to submit the Form R report to the Administrator of EPA and to the State of New York in a timely manner. The 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 Enf