8/21/08 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING A PENALTY OF $8,061 FOR THE CERCLA VIOLATION. RESPONDENT SHALL ALSO PAY A PENALTY OF $8,061 FOR THE EPCRA VIOLATION. PENALTY DUE WITHIN 30 DAYS. ON OR BEFORE FEB 13, 2007, RESPONDENT HAD A RELEASE OF TOLUENE ABOVE THE RQ AT THE FACILITY. EPA ALLEGES THAT RESPONDENT HAD CONSTRUCTIVE KNOWLEDGE OF THE RELEASE OF TOLUENE BEFORE FEBRUARY 8, 2008, BUT DID NOT NOTIFY THE NRC UNTIL FEB 13, 2008. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 103(a) OF CERCLA, BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD CONSTRUCTIVE KNOWLEDGE OF THE RELEASE OF TOLUENE IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. ON OR BEFORE FEB 13, 2007, RESPONDENT HAD A RELEASE OF ACETONE ABOVE THE RQ AT THE FACILITY. EOA ALLEGES THAT RESPONDENT HAD CONSTRUCTIVE KNOWLEDGE OF THE RELEASE OF ACETONE BEFORE FEB 8, 2008, BUT DID NOT NOTIFY THE NRC UNTIL FEB 13, 2008. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 103(a) OF CERCLA BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD CONSTRUCTIVE KNOWLEDGE OF THE RELEASE OF ACETONE IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. ON OR BEFORE FEB 13, 2007, RESPONDENT HAD A RELEASE OF TOLUENE ABOVE THE RQ AT ITS FACILITY. EPA ALLEGES THAT RESPONDENT HAD CONSTRUCTIVE KNOWLEDGE OF THE RELEASE OF TOLUENE BEFORE FEB 8, 2008, BUT DID NOT NOTIFY THE NRC UNTIL FEB 13, 20