Per agreed motion to terminate CD being granted as of 6-7-2011.
1. SECTION 113 OF THE CLEAN AIR ACT ( CAA ), 42 U.S.C. SEC- TION 7413. 2. THE EARTHGRAINS COMPANY 1916 SOUTH BROADWAY OKLAHOMA CITY, OKLAHOMA COUNTY, OKLAHOMA 73103-4408 3. RESPONDENT WAS IN VIOLATION OF SECTIONS 608 AND 612 OF THE CAA BY: 1) FAILURE TO REPAIR REFRIGERANT LEAKS TO KEEP THE LEAK RATES BELOW THE REQUIRED 35% AS REQUIRED; 2) FAILURE TO DO INITIAL LEAK VERIFICATION TESTS AS RE- QUIRED; 3) FAILURE TO REPORT FAILED FOLLOW-UP LEAK VERI- FICATION TESTS AS REQUIRED; 4) FAILURE TO PREPARE A RE- TROFIT AND REPLACEMENT PLAN IN ACCORDANCE; 5) FAILURE TO IMPLEMENT THE PLAN WITHIN ONE YEAR IN ACCORDANCE; 6) FAILING TO DOCUMENT THE DATE AND TYPE OF SERVICE, AND QUANTITY OF REFRIGERANT ADDED FOR EACH SERVICE; AND 7) USE OF A SUBSTITUTE WITHOUT ADHERING TO ANY USE RESTRICT- IONS SET BY THE APPLICABILITY DECISION. 4. RELIEF SOUGHT PURSUANT TO SECTION 113 OF THE CAA, EPA SUBMITTED A REFERRAL TO DOJ REQUESTING PROSECUTORIAL ASSISTANCE AGAINST THE RESPONDENT FOR ALLEGED VIOLATIONS ACTIONABLE UNDER SECTION 113 OF THE CAA. THIS IS A REFER- RAL FOR INJUNCTIVE RELIEF AND CIVIL PENALTIES AGAINST THE DEFENDANT, THE EARHGRAINS COMPANY. THE COMBINED PENALTY FOR THESE VIOLATIONS FOR AL