ON DECEMBER 1, 1999, THE REGIONAL ADMINISTRATOR SIGNED A CONSENT ORDER PURSUANT TO SECTION 113(D) OF THE CLEAN AIR ACT IMPLEMENTING A CONSENT AGREEMENT BETWEEN THE DIRECTOR OF THE AIR AND RADIATION DIVISION, U.S. EPA REGION 5, AND EKCO/ GLACO, RESOLVING VIOLATIONS OF THE CHICAGO FIP FOR OZONE AT A PLANT LOCATED IN ROCKDALE, ILLINOIS. THE CACO ASSESSES A PENALTY OF $100,000 AND MOOTS A REMAND OF THE MATTER TO THE PRESIDING OFFICER BY THE EAB. BACKGROUND: ON JUNE 30, 1995, THE DIRECTOR OF THE AIR AND RADIAION DIVISION ISSUED AN ADMINISTRATIVE COMPLAINT AGAINST EKCO/GLACO, A BUSINESS ALIAS FOR THE LIMITED PARTNERSHIP EK ASSOCIATES, AND THE LIMITED PARTNERSHIP'S GENERAL PART- NER, EK MANAGEMENT CORP. THE OFFICES OF THE LILMITED PART- NERSHIP ARE IN JACKSON TENNESSEE. EKCO/GLACO REFURBISHES AND RECOATS BAKEWARE FOR COMMERCIAL BAKERIES. THE COMPLAINT, ISSUED UNDER SECTION 113(D) OF THE CAA ALLEGED FOUR VIOLATIONS OF THE CHICAGO FIP FOR OZONE, FOUND AT 40 C.F.R 52.741, AND SOUGHT A PENALTY OF $181,923. THE VIOLATIONS INCLUDED IMPROPER WORK PRACTICES, FAILURE TO CERTIFY COMPLIANCE, AND USE OF A NON-COMPLIANT COATING. THE DIRECTOR SUBSEQUENTLY WITHDREW A COUNT ALLEGING RECORD- KEEPING VIOLATIONS AND REDUCED THE PENALTY TO $151,622. ALF CHARNESKI CONVENED A HEARING ON THE MATTER ON AUGUST 13 AND 14, 1997, IN CHICAGO. THE ALJ ISSUED AN INITIAL DE- CISION ON JUNE 15, 1998, FINDING LIA