EPA v. NATIONAL ALFALFA DEHYDRATING & MILLING

Case summary

NATIONAL ALFALFA DEHYDRATING AND MILLING COMPANY OWNS AN ALFALFA PROCESSING PLANT APPROXIMATELY ONE MILE WEST OF GAYVILLE, S.D. SOUTH DAKOTA SIP REGULATION ARSD74:26:03:05 PROHIBITS ANY PERSON OPERATING AN ALFALFA PELLETIZING OR DE- HYDRATING FACILITY FROM DISCHARGING INTO THE AMBIENT AIR ANY AIR CONTAMINANT OF A SHADE OR DENSITYEQUAL TO OR GREATER THAN... A THIRTY PERCENT OPACITY. TWO VIOLATIONS WERE OBSERVED BY THE S.D. DEPT. OFENVT. PROTECTION: JUNE 1, 1983-- 59% OPACITY JULY 18, 1983-- 86% OPACITY. REGION-VIII ISSUED A SECTION-120 NON ON 6/11/84. ON FEBRUARY 28, 1985, MIKE RISNER OF REG-VIII SENT EPA HQ A SAMPLE CONSENT AGREEMENT WHICH HE PROPOSED WOULD AD- EQUATELY SETTLE ALL FIVE OF THE REG-VIII ALFALFA CASES: JENSEN BROS., NAT'L ALFALFA, SIOUX ALFALFA, BARNES HAY&FEED, AND MILBANK ALFALFA. HQ RESPONDED AT THE END OF MARCH, 1985, STATING THAT THERE WERE ONLY 2 EXPLICIT WAYS OF SETTLING A SECTION/120PROCEEDING SHORT OF OBTAINING THE FULL ECONOMIC BENEFIT PENALTY: WITHDRAWAL, OR MODIFICATION OF THE NON. (BECAUSE THE SOURCE IS EITHER NOT IN VIOLATION, OR IS ENTITLED TO AN EXEMPTION UNDER 40CFR SECTIONS 66.31-66.33.) HQ RESPONDED THAT THE PROPOSED CONSENT ORDER WAS INADEQUATE. REGION-VII, AED, AND SSCD PARTICIPATED IN A CONFERENCE CALL (5/7/85) IN WHICH A RESOLUTION OF THE PROBLEMS WITH THE PROPOSED GENERIC CONSENT AGREEMENT WERE RESOLVED. PART OF THE RESOLUTION CONCERNED A THIRD METHOD OF SETTLING SECT/120 ACTIONS, BASED ON EPA POLICY GUIDANCE (3/19/85): - PERMISSIBLE GROUNDS FOR SETTLEMENT OF...SECT/120 (ACTIONS) - WHICH ALLOWS RECOVERY OF LESS THAN THE FULL ECONOMIC AMOUNT WHERE EPA'S CHANCES OF PREVAILING AT THE SECT/120 HEARING ARE LESS THAN 100%. A SUMMARY OF THE HQ/REG-VIII CONFERENCE CALL (OF 5/7/85) WAS SENT TO THE REGION ON 7/12/85. THE REGION SUMMARIZED ITS REASONS FOR DROPPING THE NA- TIONAL ALFALFA CASE IN A 5/13/85 LETTER TO HQ. APPARENTLY, THE NOTICE OF NONCOMPLIANCE WAS ISSUED TO AN OLD OWNER, AND EPA HAS NO DOCUMENTED VIOLATIONS AT THE PLANT UNDER ITS NEW OWNER, FRANK PARRETT, WHO BOUGHT THE PLANT ON 5/1/84.

Defendants (1)

• NATIONAL ALFALFA DEHYDRATING & MILLING

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Timeline (4 milestones)

• 1984-06-11Enforcement Action Data Entered
• 1984-06-11Complaint Filed/Proposed Order
• 1985-05-30Compliance Achieved
• 1985-05-30Enforcement Action Closed