1. SECTION 325 OF THE EMERGENCY PLANNING AND COMMUNITY RIGHT-TO-KNOW ACT ( EPCRA ), AS AMENDED, 42 U.S.C. SEC- TION 11045. 2. BIG D COMPANIES 4501 EAST HIGHWAY 80 MIDLAND, MIDLAND COUNTY, TEXAS 79708 3. RESPONDENT WAS IN VIOLATION OF THE REPORTING REQUIREMENTS OF SECTION 312 OF EPCRA BY FAILING TO REPORT THE STORAGE OR USAGE OF A HAZARDOUS CHEMICAL (DIESEL FUEL) ABOVE THE RQ TO THE SERC/LEPC. 4. RELIEF SOUGHT PURSUANT TO SECTION 325 OF EPCRA, EPA PRO- POSED A CIVIL PENALTY OF $6,251 FOR THE VIOLATION CITED.