EPA v. JENSEN BROTHERS HAY

Case summary

JENSEN BROTHERS OWNS AN ALFALFA PROCESSING PLANT AP- PROXIMATELY ONE MILE WEST OF MECKLING, S.D. SOUTH DAKOTA SIP REGULATION ARSD 74:26:03:05 PROHIBITS ANY PERSON OPER- ATING AN ALFALFA DRYING FACILITY FROM DISCHARGING INTO THE AMBIENT AIR ANY AIR CONTAMINANT OF A SHADE OR DENSITY EQUAL TO OR DARKER THAN ... 30% OPACITY. THREE VIOLATIONS WERE OBSERVED BY THE S.D. DEPT. OF ENVIRON. PROTECTION: 6/23/83 -- 64% OPACITY 7/18/83 -- 66% OPACITY 10/6/83 -- 87.7% OPACITY. REGION EIGHTISSUED A SECTION-120 NON ON 6/11/84. ON 2/28/85, M. RISNER OF REG-VIII SENT EPA-HQ A SAMPLE CONSENT AGREEMENT WHICH HE PROPOSED WOULD ADEQUATELY SETTLE ALL FIVE OF THE REGION-VIII ALFALFA CASES: JENSEN BROS., NATIONAL ALFALFA, SIOUX ALFALFA, BARNES JHAY & FEED, AND MILBANK ALFALFA. HQ RESPONDED AT THE END OF MARCH, 1985, STATING THAT THERE WERE JUST TWO WAYS OF SETTLING A SECT/120 PROCEEDING SHORT OF A 'FULL ECONOMIC BENEFIT PENALTY': WITHDRAW, OR MODIFY THE NOTICE OF NONCOMPLIANCE. (BECAUSE THE SOURCE IS NOT IN VIOLATION OR IS ENTITLED TO EXEMPTION UNDER 40CFR SECT'S 66.31-66.33. HQ RESPONDED THAT THE PRO- POSED CONSENT AGREEMENT WAS INADEQUATE. REGION-VIII, 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 WHICH, UNDER EPA POLICY GUIDANCE (MARCH 19, '85): PERMISSIBLE GROUNDS FOR SETTLEMENT OF...SECT/120 (ACTIONS) ALLOWS RECOVERY OF LESS THAN THE FULL ECONOMIC AMOUNT WHERE EPA'S CHANCES OF PREVAILING AT THE SECTION 120 HEARING ARE LESS THAN 100%. A SUMMARY OF THE HQ/REG-VIII 5/7/85 CONFERENCE CALL WAS SENT TO THE REGION ON 7/12/85.

Defendants (1)

• JENSEN BROTHERS HAY

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
• 1987-01-02Compliance Achieved
• 1987-01-02Enforcement Action Closed