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 the following Form A reports to the EPA:
Facility Name Chemical Name Reporting Year Report Due Report Submitted Days Late
Roseton Terminal Newburgh, NY ethylbenzene 2001 July 1, 2002 Dec. 24, 2002 175
Edgewater Terminal
Edgewater, NJ ethylbenzene 2001 July 1, 2002 Dec. 24, 2002 175
On June 26, 2003, a letter addressing the above late reporting violations was sent to the company in an effort to gain more insight into the circumstances concerning the above violations. Based on the information provided by Amerada Hess Corporation (Hess) on August 12, 2003, it was determined that Hess had �processed � (as defined in 40 C.F.R. � 372.3) 50,301 lbs. of ethylbenzene at the Roseton Terminal and 110,130 lbs. at the Edgewater Terminal during 2001.
These failures to submit Form A reports, in a timely manner, constitute violations of Section 313 of EPCRA, 42 U.S.C. � 11023, and 40 C.F.R � 372.30. The amount of