NATURE OF THE CASE: THE REGION PROPOSES THE FILING OF A CIVIL ACTION PURSUANT TO CAA/113(B), 42 USC 7413(B), AGAINST PEREZ INTERBORO ASPHALT CO., INC. ( INTERBORO ) FOR VIOLATIONS OF CAA/111 & CAA/114 AND AN ADMINISTRATIVE ORDER ISSUED PURSUANT TO CAA SECT. 113(A)(3). CAA/111(E) PROHIBITS THE OPERATION OF ANY SOURCES OF AIR POLLUTION IN VIOLATION OF ANY APPLICABLE NSPS PROMULGATED PURSUANT TO SECT. 111. SECT. 114 REQUIRES ANY PERSON TO, INTER ALIA, SAMPLE EMISSIONS AT REQUEST OF EPA. INTERBORO IS THE OWNER & OPERATOR OF AN ASPHALT CONCRETE PLANT WHICH IS SUBJECT TO THE NSPS FOR SUCH PLANTS. EPA IN- SPECTORS DOCUMENTED VIOLATIONS OF THE APPLICABLE VISIBLE EMISSIONS STANDARD ON 6/4/84. AFTER INSPECTION OF THE PLANT THAT SAME DAY, THE INSPECTORS CONCLUDED THAT THE REASON FOR THE VIOLATIONS WAS VERY POOR OPERATION & MAINTENANCE PRAC- TICES. EPA REGION II ISSUED AN ORDER TO INTERBORO DATED 7/20/84, REQUIRING INTERBORO TO MAKE ALL NECESSARY REPAIRS IN ORDER TO COMPLY WITH THE STANDARD & TO PERFORM A STACK TEST TO DETERMINE COMPLIANCE WITH THE MASS EMISSION STANDARD. COM- PLIANCE WITH THE ORDER WAS REQUIRED WITHIN 60 DAYS OF THE EFFECTIVE DATE OF THE ORDER. COMPLIANCE SHOULD HAVE BEEN ACHIEVED ON OR BEFORE 10/15/84. INTERBORO HAS NOT COMPLETED THE REPAIRS &, CONSEQUENTLY HAS NOT PERFORMED THE STACK TEST. AN EP