The �Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties, Etc.,� 40 C.F.R. Part 22 (July 1, 2000), provide in 40 C.F.R. � 22.13(b) that when the parties agree to settle one or more causes of action before the filing of an Administrative Complaint, a proceeding may be simultaneously commenced and concluded by the issuance of a Consent Agreement and Final Order pursuant to 40 C.F.R. �22.18(b)(2) and (3).
A review of the Toxic Release Inventory Envirofacts Database (TRI Database) indicated that the Respondent voluntarily submitted the following Forms R to the EPA:
CHEMICAL YEAR DUE DATE POSTMARK DATE DAYS LATE
Chromium 1997 July 1, 1998 January 19,1999 201
Nickel 1997 July 1, 1998 January 19, 1999 201
Lead 1997 July 1, 1998 January 19, 1999 201
Manganese 1997 July 1, 1998 January 19, 1999 201
Zinc Compounds 1997 July 1, 1998 January 19, 1999 201
Copper Compounds 1997 July 1, 1998 January 19, 1999 201
On June 28, 2002, 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. By letters dated August 22, 2002 and October 22, 2002, Crosman Corporation provided the requested information. Based on this information, it was determined that Crosman Corporation had �processed� (as defined in 40 C.F.R. � 372.3) greater than 25,000 pounds each of chromium, nickel, lead, manganese, zinc compounds and coppe