# BARNES HAY & FEED CO.
> **Administrative - Formal** · FY1985 · — · Withdrawn by Region/State
## Case
- **Activity ID:** `47757`
- **Case Number:** 08-1985-0021
- **Type:** Administrative - Formal
- **Lead:** EPA
- **Outcome:** Withdrawn by Region/State
- **Penalty assessed:** —
- **Cost recovery:** —
- **Compliance action $:** —
- **Multimedia (multi-env):** N
## Defendants
- BARNES HAY AND FEED CO.
## Summary

BARNES HAY & FEED CO.  OWNS AN ALFALFA PROCESSING PLANT APPROXIMATELY ONE MILE WEST OF GAYVILLE, S.  D.  SOUTH       DAKOTA SIP REGULATION ARSD 74:26:03:05 PROHIBITS ANY PERSON  OPERATING AN ALFLAFA PELLETIZING OR DEHYDRATING FACILITY     FROM DISCHARGING INTO THE AMBIENT AIR ANY AIR CONTAMINANT    OF A SHADE OR DENSITY EQUAL TO OR DARKER THAN ... THIRTY     PERCENT OPACITY.                                                  TWO VIOLATIONS WERE OBSERVED BY THE S.  D.  DEPT. OF    ENVIR.  PROTECTION,                                                              JULY 18, 1983 - 69% OPACITY                                  SEPTEMBER 21, 1983 - 57% OPACITY.             REGION 8 ISSUED A SECTION 120 NON ON 06-11-84.               ON FEBRUARY 28,1985, MIKE RISNER OF REGION 8 SENT EPA   HQ A  SAMPLE CONSENT AGREEMENT WHICH HE PROPOSED WOULD       ADEQUATELY SETTLE ALL FIVE OF THE REGION 8 ALFALFA CASE:     JENSEN BROTHERS, NATIONAL ALFALFA, SIOUX ALFALFA, BARNES     HAY AND FEED, AND MILLBANK ALFALFA.  HQ RESPONDED AT THE     END OF MARCH, 1985, STATING THAT THERE WERE ONLY TWO         EXPLICIT WAYS OF SETTLING A SECTION 120 PROCEEDING SHORT OF  OBTAINING THE FULL ECONOMIC BENEFIT PENALTY, EITHER THROUGH  WITHDRAWL OR MODIFICATION OF THE NON BECAUSE THE SOURCE IS   NOT IN VIOLATION OR IS ENTITLED TO AN EXEMPTION UNDER 40     C.  F.  R.  SECTIONS 66.31-66.33.  HQ RESPONDED THAT THE     PROPOSED CONSENT AGREEMENT WAS INADEQUATE.                        REGION 8 AND AED AND SSCD PARTICIPAT

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