W.E. BLAIN & SONS, INC. OWNS AND OPERATES A BARBER GREEN DM 60 ASPHALT PLANT IN CUBA, ALABAMA. THE PLANT IS SUBJECT TO NEW SOURCE PERFORMANCE STANDARDS (NSPS), 40 CODE OF FEDERAL REGULATIONS (C.F.R.), PART 60, SUBPART I, SECTION 60.90 ET. SEQ, STANDARDS OF PERFORMANCE FOR HOT MIX ASPHALT FACILITIES, SINCE THE PLANT COMMENCED CONSTRUCTION AFTER JUNE 11, 1973. SECTION 60.92 (A) (1) OF THE STANDARD SPECIFIES THAT NO OWNER OR OPERATOR SUBJECT TO THE PRO- VISIONS OF THIS SUBPART SHALL DISCHARGE INTO THE ATMOSPHERE FROM ANY AFFECTED FACILITY ANY GASES WHICH CONTAIN PARTI- CULATE MATTER IN EXCESS OF 0.04 GRAINS PER DRY STANDARD CUBIC FOOD (GR/DSCF). THE ACTUAL AVERAGE PARTICULATE EMISSIONS RATE, AS DETERMINED FROM PARTICULATE EMMISSIONS TEST CONDUCTED ON OCTOBER 13 AND NOVEMBER 9, 1988 WAS 0.12 GR/DSCF ABD 0.06 GR/DSCF, RESPECTIVELY. THE EXCESS EMISSIONS OF PARTICULATE MATTER FROM W.E. BLAIN & SONS, INC.'S ASPHALT PLANT CAUSED VIOLATION OF FEDERAL NSPS. ALL VIOLATIONS OF NSPS ARE SUBJECT TO THE TIMELY AND APPROPRIATE GUIDANCE IN WHICH A CASE PENALTY OF SUFFICIENT MAGNITUDE IS REQUIRED AS AN ELEMENT OF RESOLUTION FOR NSPS VIOLATIONS.