LATE REPORTER INITIATIVE: 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. We intend to settle the case in this manner.
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 Name Reporting Year Report Due Report Submitted # of Days Late
tert-butyl alcohol 2000 July 1, 2001 June 26, 2002 359
On June 26, 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. On October 9, 2003, Infineum USA L.P. provided the requested information. Based on this information, it was determined that Infineum which maintains the Bayway Chemical Plant had �manufactured� (as defined in 40 C.F.R. � 372.3) 26,565 lbs and otherwise used 9 lbs of of tert-butyl alcohol during 2000.
The Respondent was required to submit the Form R report by July 1, 2001 for calendar year 2000 to the Administrator of EPA and to the State of New Jersey. This failure to submit a Form R report, in a timely manner, constitutes a violatio