CONSENT AGREEMENT AND FINAL ORDER ISSUED 9/27/2005. ON SEPTEMBER 15, 2003, THE RESPONDENT VOLUNTARILY DISCLOSED THAT IT HAD POTENTIALLY VIOLATED RISK MANAGEMENT PROGRAM REQUIREMENTS BY NOT SUBMITTING A RISK MANAGEMENT PLAN TO EPA ON OR BEFORE JUNE 21, 1999, WHEN IT WAS REQUIRED TO SUBMIT SUCH A PLAN BASED ON ITS USAGE OF MORE THAN 10,000 POUNDS OF AMMONIA AT ITS FACILITY. BASED ON THIS VOLUNTARY DISCLOSURE, COMPLAINANT HEREBY STATES AND ALLEGES RESPONDENT VIOLATED CAA SECTION 112(r)(7). EPA DETERMINED THAT THE RESPONDENT'S VOLUNTARY DISCLOSURE MET THE CRITERIA OF EPA'S SELF-DISCLOSING AUDIT POLICY. THEREFORE, EPA IS NOT SEEKING A GRAVITY-BASED PENALTY FOR THE VIOLATIONS ALLEGED IN THE PREVIOUS PARAGRAPH. HOWEVER, EPA IS ASSESSING A PENALTY EQUIVALENT TO THE ECONOMIC BENEFIT. USING THE ECONOMIC BENEFIT ( BEN ) COMPUTER MODEL, EPA DETERMINED THAT RESPONDENT OBTAINED AN ECONOMIC BENEFIT OF $15,573 AS A RESULT OF ITS NONCOMPLIANCE IN THIS MATTER. ACCORDINGLY, THE CIVIL PENALTY AGREED UPON BY THE PARTIES FOR SETTLEMENT PURPOSES IS $15,573.