1. SECTION 113(D) OF THE CLEAN AIR ACT ( CAA ), AS AMENDED, 42 U.S.C. SECTION 7413(D). 2. ICI ACRYLICS, INC. HIGHWAY 347, 3 MILES SOUTHEAST OF BEAUMONT BEAUMONT, JEFFERSON COUNTY, TEXAS 77701 3. RESPONDENT WAS IN VIOLATION OF SECTION 111 OF THE CAA BY 1) FAILING TO CONDUCT THE 1996 ANNUAL COMPLIANCE TEST FOR SIX OF ITS MAGNETICALLY DRIVEN PUMPS AS REQUIRED. 4. RELIEF SOUGHT PURSUANT TO SECTION 113(D) OF THE CAA, EPA PROPOSES A CIVIL PENALTY OF $40,000 FOR THE VIOLATION CITED.