IN AUGUST 1996, EPA INSPECTED THIS FACILITY IN RESPONSE TO A LONG HISTORY OF NUMEROUS CITIZEN COMPLAINTS. IN AUGUST, 1997, EPA ISSUED A NOV TO DARLING FOR VIOLATIONS OF THE OHIO AIR POLLUTION NUISANCE RULE IN THE OHIO SIP. AFTER A SECTION 113 CONFERENCE WITH DARLING, EPA REFERRED THE VIO- LATION TO DOJ, WHICH POINTED OUT THAT THE CASE DOES NOT HAVE A CLEAR LEGAL NEXUS BETWEEN THE MALODOROUS SUBSTANCES THAT THE FACILITY EMITS AND THE ENFORCEMENT AUTHORITY IN SECTION 113 OF THE CLEAN AIR ACT. SECTION 301 DEFINES APPLICABLE IMPLEMENTATION PLAN TO EXCLUDE SIP RULES THAT DO NOT SPECIFICALLY ADDRESS ANY COMPOUND OR SUBSTANCE FOR WHICH EPA HAS NOT PROMULGATED A NAAQS. DARLING STOPPED USING THE RENDERING COOKER AT THE FACILITY BECAUSE OF CHANGES IN THE INDUSTRY. DARLING IS USING THE FACILITY ONLY AS A TRANSFER STATION. THE CASE TEAM RECOMMENDED THAT EPA ISSUE AN ADMINISTRATIVE ORDER AS A PEACE WITH HONOR RESOLUTION. THE ORDER PROHIBITS DARLING FROM USING THE RENDERING COOKER UNTIL IT APPLIES TO THE OHIO EPA FOR A NEW PERMIT TO INSTALL AND OBTAINS SUCH A PTI.