ON SEPTEMBER 22, 2004, REGION III EXECUTED A COMBINED COMPLAINT AND CONSENT AGREEMENT AND FINAL ORDER (CAFO) SETTLING A REQUEST TO SHOW CAUSE ISSUED TO SAFEWAY INC., FOR VIOLATIONS OF SECTION 103 OF CERCLA AND SECTION 304 AND 311 OF EPCRA. THE VIOLATIONS OCCURRED AT SAFEWAY'S FORMER ICE CREAM PLANT LOCATED IN CAPITOL HEIGHTS, MD. THE VIOLATIONS SURROUND SAFEWAY'S FAILURE TO IMMEDIATELY NOTIFY THE NRC, SERC, AND LEPC FOLLOWING ITS MARCH 18, 2002, RELEASE OF ANHYDROUS AMMONIA. IN ADDITION, SAFEWAY FAILED TO SUBMIT A MSDS OR LIST IDENTIFYING ANHYDROUS AMMONIA AS BEING PRESENT ONSITE. TE PARTIES HAVE SETTLED THIS MATTER FOR $26,309.61