EPA v. FARMLAND INDUSTRIES INC.

Case summary

THE STATUTE AND REGULATIONS WHICH ARE THE BASIS FOR THE PROPOSED ACTION, INCLUDING STATE REGULATIONS, IF APPLI- ABLE: 1. CLEAN AIR ACT SECTION 110, 113, 160-169; 2. CODE OF FEDERAL REGULATION: 40 CFR SECTION 52.21(A) -(W); SECTION 2303; 3. CLEAN AIR ACT STATE IMPLEMENTATION PLAN FOR TEXAS THE VIOLATIONS UPON WHICH THE ACTION IS BASED: BEGINNING CONSTRUCTION OR MODIFICATION OF A MAJOR STATIONARY SOURCE WITHOUT RECEIVING A PERMIT FROM THE ADMINISTRATOR AS REQUIRED UNDER THE PREVENTION OF SIGNIFICANT DETERIORATION OF AIR QUALITY REGULATIONS, PROMULGATED PURSUANT TO SECTION 165 OF THE CLEAN AIR ACT, AT 40 CFR SECTION 52.21(B)-(W) AND INCORPORATED AS PART OF THE TEXAS CLEAN AIR ACT STATE IMPLEMENTATION PLAN BY CFR SECTION 2303. THE PROPOSED RELIEF TO BE SOUGHT IS THE RECOVERY OF A CIVIL PENALTY OF BETWEEN $331,241.00 AND $26,000,000.00 DOLLARS. INJUNCTIVE RELIEF WOULD BE AGAINST FURTHER PLANT EXPANSION OR MODIFICATION IN VIOLATION OF THE CLEAN AIR ACT. THE PROPOSED PENALTY AMOUNT TO BE SOUGHT AT SETTLEMENT IS AT LEAST $331,241.00. CONTEMPORANEOUS CONTACTS WITH THE DEFENDANTS INCLUDING ANY PREVIOUS ADMINISTRATIVE ENFORCEMENT ACTION TAKEN, AND NEGOTIATIONA, IF ANY: FEBRUARY 27, 1985 - TO VERIFY INFORMATION RECEIVED FROM THE TEXAS AIR CONTROL BOARD REGARDING APPARENT PSD VIOLATIONS EPA SOLICITED INFORMATION FROM FARMLAND INDUSTRIES THROUGH A SECTION 114 LETTER. APRIL 8, 1985 - EPA RECEIVED RESPONSE TO SECTION 114 LETTER. JUNE 19, 1985 - EPA RECEIVED ADDITIONAL INFORMATION IN RESPONSE TO TELEPHONE INQUIRY OF JUNE 13, 1985. JULY 1, 1985 - EPA ISSUED A NOTICE OF VIOLATION (NOV) TO FARMLAND FOR VIOLATIONS OF THE PSD REQUIREMENTS OF THE TEXAS SIP. JULY 23, 1985 - PURSUANT TO SECTION 113(A)(4) OF THE CLEAN AIR ACT, REPRESENTATIVES OF FARMLAND AND EPA MET TO DISCUSS THE NOV.

Defendants (1)

• FARMLAND INDUSTRIES, INC.Named in complaintNamed in settlement

Facilities (1)

• FARMLAND INDUSTRIES INC

  HWY 67 W, MERTZON, TX, 76941

  Registry ID: 110010743614

Statutes cited

• CAA 165 — Prevention of Significant Deterioration (PSD)

Enforcement conclusions (1)

• FARMLAND INDUSTRIES, INC.entered 1986-09-25

  Primary law: CAA

  Federal penalty: $193,000

Timeline (7 milestones)

• 1985-09-30Referred To Dept Of Justice
• 1986-01-30Referred TO U.S. Attorney
• 1986-01-30Complaint Filed With Court
• 1986-09-25Final Order Lodged
• 1986-09-25Final Order Entered
• 1986-09-25Concluded
• 1990-07-01Enforcement Action Closed