THIS IS A CIVIL ADMINISTRATIVE PENALTY COMPLAINT AND CONSEN T AGREEMENT AND FINAL ORDER (CA/FO) SIMULTANEOUSLY COMMENCIN G AND CLOSING THE ACTION PURSUANT TO SECTION 109 OF CERCLA, 42 USC SEC. 9609 AND SECTION 325 OF EPCRA, 42 USC SEC. 11045 , ISSUED TO APACHE NITROGEN PRODUCTS. THE FACILITY IS A REP EAT VIOLATOR UNDER THESE STATUTES WITHIN THE LAST THREE YEAR S. THE VIOLATION INVOLVES FAILURE TO NOTIFY THE NRC, SERC A ND LEPC OF A RELEASE OF APPROXIMATELY 100 POUNDS OF NITROGEN DIOXIDE ON JULY 6, 1999. AN EMPLOYEE WAS SERIOUSLY INJURED IN THE RELEASE. THE COMPLAINT SEEKS CASH PENALTY FOR THECE RCLA 103 VIOLATION OF $22,277 AND FOR THE EPCRA 304A VIOLATI ON OF $15,553. UNDER THE CA/FO THE FACILITY HAS AGREED TO C OMPLETE A SEP TO PAVE A DIRT ROAD WITHIN THE FACILITY WHICH WILL ELIMINATE APPROXIMATELY 10 TONS OF FUGITIVE PARTICULATE MATTER (PM-10) PER YEAR. THE ESTIMATED SEP COST TO THE FAC ILITY IS $98,000.