1. SECTION 113 OF THE CLEAN AIR ACT ( CAA ), 42 U.S.C. SECTION 7413. 2. ARCHER DANIELS MIDLAND COMPANY - SOYBEAN PROCESSING PLANT HIGHWAY 20 SOUTH HELENA, PHILLIPS COUNTY, ARKANSAS 72342 3. RESPONDENT WAS IN VIOLATION OF SECTION 110 AND 111 OF THE CAA AND THE REQUIREMENTS OF THE NEW SOURCE PERFORMANCE STANDARDS (NSPS) BY: 1) FAILURE TO CONDUCT WEEKLY OPACITY TESTS; 2) FAILURE TO CONDUCT DAILY OPACITY TESTS; 3) INCOMPLETE INADEQUATE BIANNUAL MONITORING REPORTS; 4) LACK OF ANNUAL COMPLIANCE CERTIFICATION; 5) FAILING TO COMPLY WITH THE REPORTING AND RECORD KEEPING REQUIREMENTS; 6) FAILURE TO HAVE THE REQUIRED NOTIFICATION OF START-UP; AND 7) EXCEEDING NOX EMISSION LIMITS. 4. RELIEF SOUGHT PURSUANT TO SECTION 113 OF THE CAA, EPA SUBMITTED A DIRECT REFERRAL TO DOJ REQUESTING PROSECUTORIAL ASSISTANCE FOR THE VIOLATIONS AGAINST THE RESPONDENT. EPA PROPOSED A CIVIL PENALTY OF $1,514,000 FOR THE VIOLALATIONS CITED. 5. THIS REGION 6 REFERRAL AGAINST AMD IS PART OF THE NATIONAL GRAIN ENFORCEMENT INITIATIVE INVOLVING EPA REGIONS, STATE AGENCIES, AND DOJ. CURRENTLY,THE NATIONAL GROUP IS DEVELOPING A COMPREHENSIVE AGREEMENT WITH ADM IN ORDER TO SETTLE EXISTING CLAIMS AND TO PREVENT POTENTIAL VIOLATIONS IN THE FUTURE.
Supplemental: Failure to undergo PSD & NSR review
3/27/2002: Referral was amended to add three additional facilities