NATURE OF THE CASE: DEFENDANT OWNS & OPERATES A RAW SUGAR MILL, WHICH OPERATES SEASONALLY BETWEEN OCTOBER AND APRIL, UTILIZING SUGAR CANE TO PRODUCE RAW, UNREFINED SUGAR & MO- LASSES. THIS ACTION IS BEING BROUGHT PURSUANT TO CAA SECTION 113(B). SINCE 01/17/83, DEFENDANT HAS OPERATED AND CONTINUES TO OPER ATE BOILER #5 IN VIOLATION OF THE PARTICULATE EMISSION LI- MITS SET OUT IN ITS FEDERALLY ISSUED PREVENTION OF SIGNIFI- CANT DETERIORATION (PSD) PERMIT, PSD-FL-078. RELIEF REQUESTED: USEPA SEEKS A PERMANENT INJUNCTION RE- QUIRING DEFENDANT TO OPERATE BOILER #5 IN COMPLIANCE W/ALL CONDITIONS OF PSD PERMIT PSD-FL-078. EPA ALSO SEEKS THE MAX- IMUM CIVIL PENALTY. THERE ARE NO SIGNIFICANT NATIONAL OR PRECEDENTIAL LEGAL OR FACTUAL ISSUES ANTICIPATED IN THIS CASE.