LATE REPORTER INITITATIVE - 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 matter.
A review of the Toxic Release Inventory Envirofacts Database (TRI Database) indicated that New Venture Gear of New York L.L.C. (New Venture) voluntarily submitted to the EPA late Form R reports for Lead for 1997, 1998 and 1999. All Form R reports were filed over a year late on July 2, 2001. On April 24, 2003, a letter was sent to the company to address these late reporting violations and to request additional information. On June 3, 2003, New Venture provided the requested information. Based on this information, it was determined that New Venture had reported late and had �processed� (as defined in 40 C.F.R. � 372.3) 48,299, 54,859, 58,266 lbs of lead during 1997, 1998 and 1999.
These failures to submit the Form R reports, in a timely manner, constitute violations of Section 313 of EPCRA, 42 U.S.C. �11023, and 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 Au