EPCRA �313 Subpart (a) requires Form R reports to be submitted annually on or before July 1 and to contain data estimating releases during the preceding calendar year. Facilities which submit Form R reports after the July 1 deadline have failed to comply with this annual reporting requirement and have defeated the purpose of EPCRA �313, which is to make this toxic release data available to states and the public annually and in a timely manner.
COUNT 1
Failure to submit in a timely manner a Form R for processing approximately 3,069 pounds of lead for calendar year 2001. The facility exceeded 10X the PBT lead threshold of 100 pounds.
Proposed Penalty = $27,500
COUNT 2
Failure to submit in a timely manner a Form R for otherwise using approximately 2,065 pounds of lead for calendar year 2002. The facility exceeded the 10X PBT lead threshold of 100 pounds.
Proposed Penalty = $18,007
Total Proposed Penalty = $45,507
Mitigated Penalty = $18,007
(HQ has requested that penalties for the PBT chemical lead be assessed at $0 for calendar 2001 as it was the first year that facilities were required to file Form R reports under the new lowered threshold of 100 pounds.)