JENSEN BROTHERS OWNS AN ALFALFA PROCESSING PLANT AP- PROXIMATELY ONE MILE WEST OF MECKLING, S.D. SOUTH DAKOTA SIP REGULATION ARSD 74:26:03:05 PROHIBITS ANY PERSON OPER- ATING AN ALFALFA DRYING FACILITY FROM DISCHARGING INTO THE AMBIENT AIR ANY AIR CONTAMINANT OF A SHADE OR DENSITY EQUAL TO OR DARKER THAN ... 30% OPACITY. THREE VIOLATIONS WERE OBSERVED BY THE S.D. DEPT. OF ENVIRON. PROTECTION: 6/23/83 -- 64% OPACITY 7/18/83 -- 66% OPACITY 10/6/83 -- 87.7% OPACITY. REGION EIGHTISSUED A SECTION-120 NON ON 6/11/84. ON 2/28/85, M. RISNER OF REG-VIII SENT EPA-HQ A SAMPLE CONSENT AGREEMENT WHICH HE PROPOSED WOULD ADEQUATELY SETTLE ALL FIVE OF THE REGION-VIII ALFALFA CASES: JENSEN BROS., NATIONAL ALFALFA, SIOUX ALFALFA, BARNES JHAY & FEED, AND MILBANK ALFALFA. HQ RESPONDED AT THE END OF MARCH, 1985, STATING THAT THERE WERE JUST TWO WAYS OF SETTLING A SECT/120 PROCEEDING SHORT OF A 'FULL ECONOMIC BENEFIT PENALTY': WITHDRAW, OR MODIFY THE NOTICE OF NONCOMPLIANCE. (BECAUSE THE SOURCE IS NOT IN VIOLATION OR IS ENTITLED TO EXEMPTION UNDER 40CFR SECT'S 66.31-66.33. HQ RESPONDED THAT THE PRO- POSED CONSENT AGREEMENT WAS INADEQUATE. REGION-VIII, AED, AND SSCD PARTICIPATED IN A CONFERENCE CALL (5/7/85) IN WHICH A RESOLUTION OF THE PROBLEMS WITH THE PROPOSED GENERIC CONSENT AGREEMENT WERE R