ON SEPTEMBER 2, 2010, A CONSENT AGREEMENT AND FINAL ORDER ENTERED INTO BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY, REGION III, ( EPA ) AND FMC CORPORATION ( RESPONDENT ) WAS FIIED WITH THE REGIONAL HEARING CLERK SETTLING AN ALLEGED VIOLATION OF THE FEDERAL INSECTICIDE, FUNGICIDE AND RODENTICIDE ACT, AS AMENDED ( FIFRA ). THE ALLEGED VIOLATION INVOLVED THE FAILURE OT SUBMIT A TIMELY ANNUAL PESTICIDE PRODUCTION REPORT FOR CALENDAR YEAR 2009 IN CONNECTION WITH RESPONDENT'S FACILITY LOCATED IN SOUTH CHARLESTON, WEST VIRGINIA. ACCORDING TO THE CAFO, RESPONDENT IS ASSESSED A PENALTY OF ZERO FOR THE ALLEGED VIOLATION GIVEN THAT FMC CORPORATIONS UBMITTED A REPORT SHOWING ZERO PRODUCTION FOR CALENDAR 2009 AND REQUESTED THAT IS ESTABLISHMENT REGISTRATION FOR THE SOUTH CHARLESTON, WEST VIRGINIA FACILITY BE TERMINATED. THIS ACTION SEEKS TO ENCOURAGE PESTICIDE PRODUCERS TO SUBMIT TIMELY REPORTS EVEN IF NO PESTICIDES ARE PRODUCED IN A GIVEN CALENDAR YEAR. FMC CORPORATION IS A DELAWARE CORPORATIONIN THE BUSINESS OF MANUFACTURINIG CHEMICALS WITH HEADQARTERS LOCATED AT 1735 MARKET STREET IN PHILADELPHIA, PA.