A FULL LITIGATION PACKAGE WAS SENT BUT THE REGION REQUEST CONCURRENCE TO ENGAGE IN SETTLEMENT NEGOTIATIONS IN ACCORDANCE WITH THE PRE-REFERRAL PROCESS. THE CASE INVOLVES VIOLATION SOF THE NEW SOURCE PERFOMANCE STANDARDS (NSPS) SUBPART DB AND SUBPART D, PREVENTION OF SIGNIFICANT DETERIORATION (PSD) PERMIT REQUIREMENTS, SECTION 114 ORDER REQUIREMENTS, AND REQUIREMENTS OF STATE-ISSUED (FEDERALLY ENFORCEABLE) PERMITS. THE DEFENDANT IS ARCHER DANIELS MIDLAND COMPANY (ADM), A LARGE AGRICULTURAL CORPORATION WHICH OPERATES MANY FACILITIES IN IOWA AND ELSEWHERE. ADM CONSTRUCTED AND COMMENCED OPERATION OF ELECTRICITY AND STEAM COGENERATION FACILITIES AT TWO EXISTING PLANTS LOCATED IN DES MOINES AND CEDAR RAPIDS. THESE CONSTRUCTION PROJECTS CONSTITUTE MAJOR MODIFICATIONS TO EXISTING MAJOR STATIONARY SOURCES OF AIR POLLUTION AND ARE SUBJCET TO NSPS AND PSD REQUIREMENTS. THE CASE INVOLVES STATUTORY AND REGULATORY PROVISIONS OF CLEAN AIR ACT, 42, U.S.C. SECTIONS 7411, 7413, 7414, 7470, 40 C.F.R. SECTIONS 52.21, 60.40B ET SEQ. AND 60.40 ET SEQ. ADM CONSTRUCTED NEW BOILERS AT EXISTING PLANTS IN DES MOINES AND CEDAR RAPIDS AND FAILED TO COMPLY WITH EMISSIONS TESTING, RECORDKEEPING, REPORTING, CONTINUOUS EMISSIONS MONITORING REQUIREMENTS, AND POLLUTANT EMISSION LIMITS AT BOTH FACILITIES, IN VIOLATION OF THE PROVISIONS SET FORTH IN THE PREVIOUS PARAGRAPH.