ON DECEMBER 22,2004, EPA, REGION III, FILED CONSENT AGREEMENT AND FINAL ORDER, WHICH, PURSUANT TO 40 C.F.R SECTION 22.13(B) AND .18(B)(2) AND (3), SIMULTANEOUSLY COMMENCED AND CONCLUDED A PROCEEDING AGAINST NEWPORT NEWS SHIPBUILDING AND DRY DOCK COMPANY ( RESPONDENT ) FOR VIOLATIONS OF VIRGINIA'S AUTHORIZED STATE UNDERGROUND STORAGE TANK ( USTS ) PROGRAM, WHICH OPERATES IN LIEU OF THE FEDERAL USTS PROGRAM. THE CAFO RESOLVES RESPONDENT'S FAILURE TO OPERATE AND TO CONTINUOUSLY PROVIDE CORROSION PROTECTION OF 3 USTS AS REQUIRED BY 9 VAC 25-580-90 FROM AT LEAST DECEMBER 7, 2002, THROUGH JANUARY 29, 2004, AT RESPONDENT'S FACILITY LOCATED AT 4101 WASHINGTON AVENUE, NEWPORT NEWS, VIRGINIA. RESPONDENT WILL PAY A CIVIL PENALTY OF $5,500 IN ACCORDANCE WITH THE AGREEMENT..