On November 11, 2004 duly designated representatives of the EPA conducted a data quality inspection at Respondents facility to determine compliance with EPCRA Toxic Chemical Release Reporting requirements. EPA representatives determined that Respondent failed to submit, in a timely manner, to the Administrator and to the State of New Jersey complete and correct Form R reports for N-methyl-2-pyrrolidone for the 2001, 2002 calendar years. Marisol Inc. voluntarily self disclosed that it had failed to file in a timely manner, to the Administrator and to the State of New Jersey complete and correct Form R reports for N-methyl-2-pyrrolidone for the 2003 and 2004 calendar years.
The failure to submit a Form R report in a timely manner, constitutes a violation of Section 313 of the Emergency Planning and Community Right-to-Know-Act of 1986 (EPCRA), 42 U.S.C. 11023, and with 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 $94,740 would have been proposed if an administrative complaint had been issued.