LATE REPORTER INITIATIVE: A review of the Toxic Release Inventory Envirofacts Database (TRI Database) indicated that HOVENSA L.L.C. (HOVENSA) voluntarily submitted to the EPA late Form R reports for the following:
Chemical Name Reporting Year Report Due Report Submitted # of Years Late
Carbonyl Sulfide 1998 July 1, 1999 January 16, 2003 > 1
Carbon Disulfide 1998 July 1, 1999 January 16, 2003 > 1
On July 1, 2003, a letter was sent to the company to address these late reporting violations and to request additional information. On August 15, 2003, HOVENSA provided the requested information. Based on this information, it was determined that HOVENSA had reported late and had �manufactured� (as defined in 40 C.F.R. � 372.3) over 250,000 lbs. of carbonyl sulfide and 132,032 lbs. of carbon disulfide during 1998.
These failures to submit the Form R 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 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 $46,200 was proposed.
EPA and HOVENSA agree that settling this matter by entering into this Consent Agreement and Final Order pursuant to 40 C.F.R. � 22.13(b) and 40 C.F.R. � 22.18(b)(2) and (3), is an appropriate means of resolving this case without further li