THIS CASE INVOLVES RESPONDENT'S ALLEGED FAILURE TO REPORT AS REQUIRED BY SECTION 313 OF THE EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW ACT OF 1986 ( EPCRA ), 42 U.S.C. SECTION 11023, AND THE REGULATIONS FOUND AT 40 C.F.R. PART 372, REGARDING ITS FACILITY LOCATED AT 98000 REIISERESTOWN ROAD, OWNINGS MILLS, BALTIMORE COUNTY, MARYLAND (THE FACILITY ). RESPONDENT FAILED TO TIMELY SUBMIT ITS TOXIC CHEMICAL RELEASE FORMS ( FORM R OR FORM A ) FOR GLYCOL ETHERS FOR REPORTING YEARS 2000 AND 2001 TO EPA AND THE STATE OF MARYLAND. THESE FORMS WERE DUE BY AUGUST 1, 2001 AND 2002, RESPECTIVELY. FAILURE TO TIMELY SUBMIT A FORM R FOR FORM A VIOLATES SECTION 313 OF EPCRA, 42 U.S.C. SECTION 11023. AXALTO INC., FORMALLY KNOWN AS SCHLUMBERGER MALCO INC., AND EPA HAVE AGREED TO A SETTLEMENT BEFORE THE FILING OF AN ADMINISTRATIVE COMPLAINT. 40 C.F.R. SECTION 22.13(b) ALLOWS EPA TO COMMENCE AND CONCLUDE A CASE SIMULTANEOUSLY WITHOUT FILING AN ADMINISTRATIVE COMPLAINT. THE CONSENT AGREEMENT AND FINAL ORDER REQUIRE RESPONDENT TO PAY A CIVIL PENALTY OF $25,000.
THE NEGOTIATED PENALTY AMOUNT CONFORMS TO EPA'S EPCRA SECTION 313 ERP, IS CONSISTENT WITH THE STATUTORY FACTORS SET FORTH AT EPCRA SECTION 325, 42 U.S.C. SECTION 11045.