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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

BEFORE THE ADMINISTRATOR



IN THE MATTER OF:            )
                             )
                             )                                    
RHONE-POULENC                )   Docket No. 5-EPCRA-97-053   
RHONE-POULENC BASIC          )
   CHEMICALS DIVISION        )                                    
                             )  
          Respondent  	     )



ORDER GRANTING JOINT MOTION FOR EXTENSION OF TIME
AND GRANTING MOTION TO AMEND COMPLAINT

On February 6, 1998, the parties filed a Joint Motion For Extension of Time to file Complainant's prehearing exchange, due February 16, 1998. In support of this motion, the parties state that upon filing of its answer, Respondent also filed a Motion to Dismiss thirty-six of the Complaint's eighty-one counts on the basis of the statute of limitations and counts alleging less than threshold quantities. Complainant has responded to the Motion to dismiss and those arguments are now pending with the Court.

Simultaneous with the filing of the Joint Motion For Extension, Complainant filed a Motion to Amend the Complaint by striking thirty-seven of the eighty-one counts contained in the Complaint.(1) Fifteen of the thirty-seven counts which Complainant seeks to strike from the Complaint are also subject to the Motion to Dismiss. Therefore, of the original eighty-one counts, Complainant seeks to amend the Complaint to strike thirty-seven counts, and twenty-one counts are still subject to the Motion to Dismiss.

Since the parties are working diligently toward resolution of the multitude of counts contained in the Complaint, and because it would be a more efficient use of time and energy to devote attention to the resolution of the remaining counts, the JOINT MOTION FOR AN EXTENSION IS GRANTED. ACCORDINGLY, THE COURT'S SCHEDULING ORDER OF DECEMBER 12, 1998, IS SUSPENDED UNTIL A TIME 60 DAYS AFTER THE COURT'S DECISION ON THE PENDING MOTION TO DISMISS.

SIMILARLY, COMPLAINANT'S MOTION TO AMEND THE COMPLAINT, WHICH IS UNOPPOSED BY RESPONDENT, IS GRANTED, AS SET FORTH IN THIS ORDER.

Stephen J. McGuire

Administrative Law Judge

Dated: February 9, 1998
Washington, D.C.

1. Complainant moves to amend its Complaint by striking the following counts and the corresponding civil penalties associated with each count (found at page 89 through 105 of the Complaint):

COUNT PROPOSED CIVIL PENALTY
Count 2, II $ 17,000
Count 16, XVI 17,000
Count 18, XVIII 10,000
Count 19, XIX 10,000
Count 20, XX 10,000
Count 21, XXI 15,000
Count 22, XXII 10,000
Count 23, XXIII 10,000
Count 24, XXIV 10,000
Count 25, XXV 10,000
Count 26, XXVI 15,000
Count 27, XXVII 15,000
Count 39, XXXIX 1,300
Count 40, XL 1,300
Count 43, XLIII 17,000
Count 47, XLVII 10,000
Count 48, XLVIII 10,000
Count 49, XLIX 10,000
Count 50, L 10,000
Count 51, LI 10,000
Count 52, LII 15,000
Count 53, LIII 15,000
Count 54, LIV 10,000
Count 55, LV 10,000
Count 56, LVI 10,000
Count 57, LVII 15,000
Count 58, LVIII 15,000
Count 59, LIX 10,000
Count 60, LX 10,000
Count 61, LXI 10,000
Count 62, LXII 15,000
Count 69, LIX 6,000
Count 75, LXXV 1,300
Count 77, LXXVII 1,300
Count 78, LXXVIII 1,300
Count 79, LXXIX 1,300
Count 80, LXXX 1,300
TOTAL $366,100

Complainant thus seeks to amend the total proposed penalty to $272,300 from $638,400 (page 105 of the Complaint).

 


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