NATURE OF CASE THE ABOVE REFERENCED DEFENDANTS OWN AND/OR OPERATE STILL- WATER PRISON LOCATED AT BAYPORT, WASHINGTON COUNTY, MINN- ESOTA. THE PRISON HAS FOUR COAL-FIRED BOILERS WHICH EMIT PARTICULATE MATTER INTO THE AMBIENT AIR. ON MARCH 17, 1982, THE UNITED STATES FILED A COMPLAINT ALLEGING THAT THE BOIL- ER EMISSIONS VIOLATED PARTICULATE AND OPACITY REGULATIONS OF THE MINNESOTA STATE IMPLEMENTATION PLAN. ON MAY 13, 1982 , THE COURT ENTERED A CONSENT DECREE IN SETTLEMENT OF THE UNITED STATES' ACTION. CAUSE OF ACTION THE CONSENT DECREE REQUIRED DEFENDANTS TO INSTALL A BAG- HOUSE COLLECTOR PURSUANT TO A COMPLIANCE SCHEDULE AND TO ACHIEVE AND DEMONSTRATE COMPLIANCE AT BOILERS NOS. 1 AND 2 WITH THE SPECIFIES EMISSION LIMITATIONS BY MAY 1, 1983. DEFENDANTS INSTALLED THE PRESCRIBED EQUIPMENT, BUT BEGAN OPERATING BOILER NO. 2 ON OR ABOUT APRIL 27, 1983 WITHOUT STACK TESTING TO DEMONSTRATE COMPLIANCE. DEFENDANTS ACTION VIOLATES PARTS III, C, AND D AND PART XIII OF THE CONSENT DECREE. DEFENDANTS HAD INFORMED THE AGENCY THAT BAGHOUSE BAGS HAD DEVELOPED HOLES, AND THEREFORE BOILER NO. 2 WOULD PROBABLY FAIL THE STACK TEST. PROPOSED REMEDY REGION V RECOMMENDS THE FILING OF A MOTION FOR ORDER TO SHOW CAUSE WHY DEFENDANTS SHOULD NOT BE H