1. SECTION 113(D) OF THE CLEAN AIR ACT ( CAA ), 42 U.S.C. SECTION 7413(D). 2. KERENS GRAIN AND ELEVATOR 811 NW 2ND STREET KERENS, NAVARRO COUNTY, TEXAS 75144 3. RESPONDENT WAS IN VIOLATION OF SECTION 112(R) OF THE CAA BY: 1) HAVING REGULATED SUBSTANCES IN AN ON-SITE PROCESS IN AMOUNTS EXCEEDING THE THRESHOLD QUANTITY; AND 2) FAIL- ING TO DEVELOP AND SUBMIT A RISK MANAGEMENT PLAN (RMP) TO EPA BY JUN. 21, 1999. 4. RELIEF SOUGHT PURSUANT TO SECTION 113(D) OF THE CAA, EPA ASSESSED THE RESPONDENT A CIVIL PENALTY OF $500. PAYMENT OF THE PENALTY IS DUE WITHIN 45 DAYS ALONG WITH THE SIGNED CESA.