THIS IS A PROPOSED CIVIL ACTION UNDER SECTION 113 OF THE CLEAN AIR ACT FOR VIOLATIONS OF THE NEW SOURCE PERFORMANCE STANDARD FOR PARTICULATES AT A HOT MIX ASPHALT PLANT IN WARWICK, RHODE ISLAND, AND FOR VIOLATIONS OF AN ADMINISTRATIVE ORDER. CARDI RECONSTRUCTED ITS HOT MIX ASPHALT PLANT AND OPERATED FOR 180 DAYS AFTER INITIAL STARTUP WITHOUT CONDUCTING AN EMISSIONS TEST FOR PARTICULATES, IN VIOLATION OF 40CFR60.8A. CARDI SUBSEQUENTLY FAILED TO CEASE EMISSIONS AND TO TEST IN ACCORDANCE WITH AN ADMINISTRATIVE ORDER. FINALLY, CARDI EMITTED PARTICULATES AT A RATE 550% ABOVE PERFORMANCE STANDARD OF 0.04 GRAINS PER DRY STANDARD CUBIC FOOT(GR/DSCF) (40CFR60,920), FOR A PERIOD OF 136 OPERATING DAYS. CARDI TESTED IN COMPLIANCE IN OCTOBER, 1988. EPA SEEKS PENALTIES FOR PAST EXCESS EMISSIONS AND FOR VIOLATING THE ADMINISTRATIVE ORDER AND PROCEDURAL TESTING REQUIREMENTS. CARDI ASKED EPA TO RELAX THE REQUIREMENT OF TESTING WITHIN 180 AFTER INITIAL STARTUP, CLAIMING THAT TESTING WAS NOT POSSIBLE DURING THAT PERIOD DUE TO THE SEASONAL WINTER SHUTDOWN OF THE PLANT. CARDI MAY CLAIM THAT THE REGULATION IS UNREASONABLE AS APPLIED TO ITS FACILITY, AND RAISES THIS ISSUE AS THE MAIN EQUITABLE CONSIDERATION IN ITS FAVOR.