SYNOPSIS OF CASE THE STATE OF OHIO AND THE OHIO DEPARTMENT OF MENTAL HEALTH OWN AND OPERATE LONGVIEW STATE HOSPITAL (LONGVIEW) IN CINCINNATI, OHIO. ON DECEMBER 12, 1977, THE NORTH- WESTERN OHIO LUNG ASSOCIATION (NOLA) FILED AN ACTION TO RE- QUIRE COMPLIANCE WITH THE CLEAN AIR ACT (THE ACT), 42 U.S.C. 7413 AND THE OHIO STATE IMPLEMENTATION PLAN (SIP) RULES AP-3-07 AND AP-3-11. ON OCTOBER 26, 1978, THE UNITED STATES WAS REALIGNED AS PLAINTIFF IN THAT ACTION. ON JANUARY 12, 1979, THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (U.S. EPA) ISSUED FINAL APPROVAL OF A DE- LAYED COMPLIANCE ORDER (DCO). LONGVIEW WAS REQUIRED TO IN- STALL AN EMISSION CONTROL SYSTEM NOT LATER THAN JUNE 1, 1979 AND TO ACHIEVE COMPLIANCE WITH THE ACT AND THE SIP NOT LATER THAN JULY 1, 1979. AFTER LONGVIEW'S FAILURE TO COM- PLY WITH THE DCO, U.S. EPA AS REALIGNED PLAINTIFF AMENDED NOLA'S COMPLAINT TO INCLUDE VIOLATIONS OF THE DCO. AFTER EXTENSIVE TRIAL PREPARATION, DEFENDANTS REQUESTED A SETTLE- MENT ON THE EVE OF THE TRIAL. ON MARCH 20, 1981, JUDGMENT ORDER NO. C80-2341 WAS SIGNED. IN PART THE ORDER REQUIRED LONGVIEW TO INSTALL A MECHANICAL COLLECTOR AND TO ACHIEVE AND DEMONSTRATE COMPLIANCE WITH AP-3-07 AND AP-3-11 OF THE OHIO STATE IMPLEMENTATION PLAN (SIP) ON A SCHEDULE. NO EMISSION TESTING HAS BEEN CONDUCTED DUE TO ALLEGED MECHANICAL SYSTEM PROBLEMS ASSOCIATED