RELEASE OF NOX AND FAILURE TO REPORT USE OF 3 CHEMICALS. ON SEPTEMBER 17, 1998, U.S. EPA FILED A COMPLAINT FOR $92,198 AGAINST DIETZGEN, ALLEGING VIOLATIONS OF CERCLA SECTION 103 AND EPCRA SECTIONS 304 AND 312. THE COMPLAINT ALLEGED THAT DIETZGEN FAILED TO PROMPTLY NOTIFY THE NATIONAL RESPONSE CENTER, STATE EMERGENCY RESPONSE COMMISSION, AND LOCAL EMERGENCY PLANNING COMMITTEE OF A RELEASE OF NITROGEN DIOXIDE, AS WELL AS FAILED TO FILE COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY (TIER) FORMS FOR CALENDAR YEARS 1994-1996. THE RELEASE OF NITROGEN DIOXIDE AT THE DIETZGEN FACILITY OCCURRED WHEN 21 LITERS OF 98 % NITRIC ACID WAS POURED INTO A 55 GALLON DRUM CONTAINING 30 GALLONS OF METHYL ETHYL KETONE (MEK). BASED ON DIETZGEN'S CO- OPERATIVE ATTITUDE, NEWLY PRESENTED EVIDENCE TO U.S. EPA ON THE AMOUNT OF NITROGEN DIOXIDE RELEASED, AND THE REACHING OF A SETTLEMENT IN PRINCIPAL WITHIN 90 DAYS, U.S. EPA MITI- GATED THE PENALTY TO $61,810 FOR SETTLEMENT. ON FEBRUARY 24, 1999, THE ACTING REGIONAL ADMINISTRATOR, U.S. EPA REGION 5, SIGNED A CONSENT AGREEMENT AND CONSENT ORDER (CACO) FOR THIS CASE. THE FINAL INSTALLMENT PAYMENT FOR THIS CASE WAS MAILED ON FEBRUARY 14, 2000.