ON OR ABOUT AUGUST 8, 2008, EPA REGION III EFFECTUATED THE ABOVE CAPTIONED SETTLEMENTS UNDER 113 OR THE CAA. THE CONSENT ORDERS ARE EACH A PART OF A �SUPER� CONSENT AGREEMENT AND FINAL ORDERS (�SUPER CAFO�) WHICH WAS DEVELOPED BY EPA REGION III TO FORMALIZE INDIVIDUAL SETTLEMENTS PURSUANT TO AN EXPEDITED SETTLEMENT AGREEMENT (�ESA�) STRATEGY. SPECIFICALLY, THE VIOLATIONS BEING SETTLED ARE OF MARYLAND REGULATIONS WHICH CONTAIN THE REQUIREMENTS FOR GAS STATIONS SUBJECT TO THE CLEAN AIR ACT�S STAGE I AND II VAPOR RECOVERY PROGRAMS, WHICH ARE FEDERALLY ENFORCEABLE THROUGH THE MARYLAND STATE IMPLEMENTATION PLAN.
PURSUANT TO THE ESA, EACH VIOLATING FACILITY WAS SENT A STREAMLINED SUPER CAFO WHICH SETS FORTH ALLEGED VIOLATIONS AND A PROPOSED CIVIL PENALTY ASSESSMENT CRITERIA SET FORTH IN SECTION 113(e) OF THE CLEAN AIR ACT, 42 U.S.C. SUBSECTION 7413(e), AND EPA�S OCTOBER 25, 1991 CLEAN AIR ACT STATIONARY SOURCE CIVIL PENALTY POLICY.