This is a civil penalty pursuant to Section 325 of EPCRA. USEPA and Sherman Dixie Concrete Industries, Inc. desired to resolve this matter and settle the allegations within without a formal hearing, and so have agreed to this Consent Agreement and Final Order (CAFO). Respondent is Sherman Dixie Concrete Industries, Inc, a corporation doing business in the State of Alabama, Indiana, Ohio, Tennessee and the Commonwealth of Kentucky. Under Section 313 of EPCRA, the respondent has 10 or more full-time employees and is in SIC code 3272 and NAICS code 327332. Under Section 313(f) of EPCRA the reporting threshold for lead and mercury is 100 pounds and 10 pounds per year, respectively. Lead and mercury are toxic chemicals referenced at Section 313 (c), and are processed by Respondent in excess of the 100 pound threshold at both the Evansville and Dayton facilities during Calendar Years 2010 and 2008. Respondent failed to submit a Form R for lead to the Administrator of EPA and the officials designated by the Governors of the States of Indiana and Ohio by July 1 of the reporting year. Respondent violated the reporting requirements of Section 313(f) of EPCRA at its facilities for calendar years 2010, 2009, and 2008, reporting years 2011, 2010, and 2009 and is therefore subject to the assessment of penalties under EPCRA. Under Section 312 of EPCRA, the owner of a facility is required to prepare or have available a Material Safety Data Sheet (MSDS) for hazardous chemicals under the OSHA