COMPANY FAILED TO SUBMIT A MANUFACTURER'S REPORT-PRELIMINARY ASSESSMENT INFORMATION ( PAIR REPORT ) AS REQUIRED UNDER TSCA. ON MARCH 7, 1997 REGION V, U.S. EPA, FILED WITH THE REGIONAL HEARING CLERK, AND ISSUED TO RESPONDENT, A COMPLAINT AND NOTICE OF OPPORTUNITY FOR HEARING. THE COMPLAINT ALLEGED THAT THE DOW CHEMICAL CO. FAILED TO TIMELY SUBMIT A MANUFACTURER'S REPORT-PRELIMINARY ASSESSMENT INFORMATION (PAIR REPORT) FOR THE MANUFACTURE OF A CERTAIN CHEMICAL SUBSTANCE. THE PENALTY SOUGHT IN THE COMPLAINT WAS $34,189. DURING THE COURSE OF SETTLEMENT NEGOTIATIONS, RESPONDENT DESCRIBED SEVERAL LEGAL AND EQUITABLE CONSIDERATIONS WHICH CONVINCED U.S. EPA THAT REDUCTIONS IN THE PENALTY WERE APPROPRIATE. THESE CONSIDERATIONS COUPLED WITH RESPONDENT'S COOPERATION AND GOOD FAITH ALLOWED A REDUCTION OF THE PENALTY BY 15%, IN ACCORDANCE WITH THE ERP. THE RESULTING SETTLEMENT REQUIRES RESPONDENT TO PAY A PENALTY AMOUNT OF $29,060.