1. SECTION 113(D) OF THE CLEAN AIR ACT ( CAA ), AS AMENDED, 42 U.S.C. SEC. 7413(D) AND 40 C.F.R. SECS. 22.13 AND 22. 43(B). 2. KOCH REFINING COMPANY CORPUS CHRISTI, TEXAS 78403 DOCKET OR INDEX NO. R6-P-0/6/8/9-TX92009 3. RESPONDENT VIOLATED SECTION 111(E) OF THE CAA BY FAILING TO INSTALL, CALIBRATE, MAINTAIN AND OPERATE THE CONTIN- UOUS MONITORING SYSTEMS (CEMS) ON THREE FUEL GAS SYSTEMS. THE RESPONDENT ALSO VIOLATED THE NSPS REGULATIONS BY NOT IMPLEMENTING THE QUALITY ASSURANCE/QUALITY CONTROL PRO- VISIONS ON A FLUID CATALYTIC CRACKING UNIT SO2 CEMS. ALSO, THE RESPONDENT VIOLATED SECTION 112 OF THE CAA BY NOT SUBMITTING THE RESULTS OF THE REQUIRED ANNUAL PERFOR- MANCE TESTS FOR NO DETECTABLE EMISSIONS AND IN VIOLA- TION OF SPECIAL PROVISIONS 5B OF THE STATE PERMIT AND 6B OF THE PSD PERMIT BY NOT IMPLEMENTING QUALITY ASSURANCE/ QUALITY CONTROL FOR BOILER CO CEMS. 4. RELIEF SOUGHT PURSUANT TO SECTION 113(D) OF THE CAA, EPA PROPOSES A CIVIL PENALTY OF $180,828.00.