1. SECTION 325(C) OF THE EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT ( EPCRA ), 42 U.S.C. SECTION 11045(C). 2. DUKE CITY DISTRIBUTING 3203 BRODWAY, SE ALBUQUERQUE, BERNALILLO COUNTY, NEW MEXICO 87105 3. RESPONDENT WAS IN VIOLATION OF THE REPORTING REQUIREMENTS OF SECTION 312(A) OF EPCRA BY FAILING TO REPORT STORAGE OR USAGE OF DIESEL FUEL AT THE FACILITY TO THE LEPC, FIRE DEPARTMENT, AND THE SERC, AS REQUIRED. 4. RELIEF SOUGHT PURSUANT TO SECTION 325(C) OF EPCRA, EPA PROPOSED A CIVIL PENALTY OF $27,500 FOR THE VIOLATION CITED.