NATURE OF THE CASE: CLEVELAND ELECTRIC ILLUMINATING(CEI) OWNS & OPERATES 5 ELECTRICITY GENERATING PLANTS IN OH. THESE FACILITIES ARE SUBJECT TO THE OH STATE IMPLEMENTATION PLAN LIMITATIONS ON PARTICUALTE & VISIBLE EMISSIONS. ALL THE PLANTS EXCEPT AVON LAKE ARE IN PRIMARY NON-ATTAINMENT AREAS. CAUSE OF ACTION: ON 1/23/79, A DELAYED COMPLIANCE ORDER(DCO) SIGNED BY CEI Z& EPA BECAME FINAL. SETTING FORTH COMPLIANCE SCHED FOR 16 UNITS AT 4 POWER-PLANTS; ASHTABULA, AVON LAKE, EASTLAKE & LAKE SHORE. ON 6/28/79, EPA ISSUED A NOV TO CEI ADDRESSING PARTICULATE VIOL'S AT THE CANAL ROAD PLANT, WHICH WAS NOT SUBJECT TO THWE DCO. CEI FAILED TO MEET THE FINAL COMPLIANCE DATES FOR SEVERAL UNITS COVERED BY THE DCO. ON 3/17/81, THE GOV'T FILED A COMPLAINT ALLEGING VIOL'S AT 4 OF THE 5 PLANTS . THE ASHTABULA PLANT COMPLIED W/THE DCO. PROPOSED REMEDY: AT THIS POINT ONLY 2 UNITS AT THESE PLANTS HAVE NOT DEMONSTRATED COMPLAINCE AT FULL CAPACITY. CANAL ROAD UNITS 34 & 36. THE OH SIP HAS RECENTLY BEEN REVISED TO ALLOW DEMO- NSTATION OF COMPLIANCE AT DERATED LAODS. THE GOV'T IS NEG' ING A CD W/CEI WHICH WOULD SET FORTH OPERATING PARAMETERS FOR MAINTAINING COMPLIANCE AT THE CANAL ROAD PLANT, AS WELL AS CIVIL PLTY'S FOR PAST VIOL'S. NATIONALLY SIGNIFICANT ISSUES: