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). The EPA intends to settle this case in this manner.
A review of the Toxic Release Inventory Envirofacts Database (TRI Database) indicated that the Respondent voluntarily submitted a Form R for xylene (mixed isomers) for the calendar year 1998 which was 110 days late. On October 17, 2002, 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. By FAX dated December 19, 2002, Dixon Southwestern Graphite, Inc. provided the requested information. Based on this information, it was determined that Dixon Southwestern Graphite, Inc. had �otherwise used� (as defined in 40 C.F.R. � 372.3) greater than 10,000 pounds of xylene (mixed isomers) during 1998. The Respondent was required to submit the Form R by July 1, 1999 for calendar year 1998 to the Administrator of EPA and to the State of New Jersey. This failure to submit the Form R, in a timely manner, constitutes a violation of Section 313 of EPCRA, 42 U.S.C. � 1102