PEAVEY COMPANY, A CONAGRA COMPANY

ON JUNE 1, 1987, REGION V, U.S. EPA, ISSUED TO BERGER & COMPANY, CARROLLTON, MICHIGAN, A FINDING OF VIOLATION, PURSUANT TO SECTION 113(A)(3) OF THE ACT, 42 U.S. C.SECTION 7413 (A)(3), FOR ITS FAILURE TO CONDUCT A PERFORMANCE TEST AT ITS FACILITY IN CARROLLTON, MICHIGAN, TO DEMONSTRATE THE FACILITY'S COMPLIANCE WITH THE APPLICABLE STANDARD FO PARTICULATE MATTER, IN VIOLATION OF 40 C.F.R. SECTION 60.8(A), AND SECTION 111 (E) OF THE ACT, 42 U.S.C. SECTION 7411(E). ON JUNE 1, 1990, PEAVEY COMPANY PURCHASED BERGER & COMPANY'S FACILITY IN CARROLLTON, MICHIGAN. ON MARCH 9, 1993, PEAVEY COMPANY CONDUCTED A PERFORMANCE TEST AT ITS FACILITY IN CARROLLTON, MICHIGAN, AND DEMONSTRATED THE FACILITY'S COMPLIANCE WITH THE APPLICABLE STANDARD FOR PARTICULATE MATTER, AS REQUIRED BY 40 C.F.R. SECTION 60.8(A), AND SECTION 111(E) OF THE ACT, 42 U.S.C. SECTION 7411(E). ON MAY 18, 1993, THE DIRECTOR, AIR AND RADIATION DIVISION, ISSUED TO PEAVEY COMPANY, CARROLLTON, MICHIGAN, A UNILATERAL ORDER, PURSUANT TO SECTION 113(A)(3) AND 114(A) (1) OF THE ACT 42 U.S.C. SECTION 7414(A) (3) AND 7414(A))2), TO RESOLVE A FINDING OF VIOLATION ISSUED BY REGION 5, U.S. EPA TO BERGER & COMPANY, CARROLLTON, MICHIGAN, PURSUANT TO SECTION 113(A)(3) OF THE ACT, 42 U.S.C. SECTION 7413(A)(3). THE UNILATERAL ORDER REQUIRES PEAVEY COMPANY TO MAINTAIN ITS FACILITY IN CARROLLTON, MICHIGAN, IN