SIOUX ALFALFA MEAL COOMPANY OWNS AN ALFALFA MEAL PRO- CESSING PLANT APPROXIMATELY ONE MILE WEST OF MECKLING, SD. SOUTH DAKOTA SIP REGULATION ARSD 74:26:03:05 PROHIBITS ANY PERSON OPERATING AN ALFALFA PELLETIZING OR DEHYDRATING FACILITY FROM DISCHARGING INTO THE AMBIENT AIR ANY AIR CON- TAMINANT OF A SHADE OR DENSITY EQUAL TO OR DARKER THAN 30% OPACITY. TWO VIOLATIONS WERE OBSERVED BY THE SD DEPT. OF ENVIR. PROTECTION: JUNE 1, 1983-- 43% OPACITY JULY 18, 1983-- 44.8% OPACITY (??) REGION 8 ISSUED A SECTION 120 NOTICE OF NONCOMPLIANCE ON 06/11/84. ON FEBRUARY 28, 1985, MIKE RISNER OF REG-VIII SENT EPA HEADQUARTERS A SAMPLE CONSENT AGREEMENT WHICH HE PROPOSED WOULD ADEQUATELY SETTLE ALL FIVE OF THE REG-VIII ALFALFA CASES: JENSEN BROS., NATIONAL ALFALFA, SIOUX ALFALFA, BARNES HAY AND FEED, AND MILBANK 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-- THROUGH EITHER WITHDRAWAL OR MODIFICATION OF THE NON (BECAUSE THE SOURCE IS NOT IN VIOLATION, OR IS ENTITLED TO AN EXEMPTIONUNDER 40CFR SECT. 66.31-66.33). HQ RESPONDED THAT THE PROPOSED CONSENT DECREE WAS INADEQUATE. REGION-VIII AND AED AND SSCD PARTICI