1. SECTION 113(D) OF THE CLEAN AIR ACT ( CAA ), 42 U.S.C. SECTION 7413(D). 2. ENRON METHANOL COMPANY 4403 LA PORTE ROAD #4 PASADENA, HARRIS COUNTY, TEXAS 77501 3. RESPONDENT WAS IN VIOLATION OF SECTION 112 OF THE CAA BY: 1) FAILING TO SUBMIT THE NOTICE OF COMPLIANCE STATUS RE- PORT BY THE DEADLINE, OCT. 25, 1999; AND 2) FAILING TO CONDUCT A PERFORMANCE TEST ON FLARE EPN 16 BY THE DEAD- LINE, APR. 22, 1997. 4. RELIEF SOUGHT PURSUANT TO SECTION 113(D) OF THE CAA, EPA AND THE RESPONDENT HAVE CONSENTED TO THE TERMS OF A CON- SENT AGREEMENT AND FINAL ORDER (CAFO). THE PARTIES HAVE AGREED UPON A CIVIL PENALTY TO SETTLE THIS ACTION IN THE AMOUNT OF $30,500.