NATURE OF CASE MSCP IS A NEW UTILITY SUBJECT TO SUBPART DA OF THE NSPS, 40 CFR PART 60. ITS MOST SIGNIFICANT VIOLATION IS ITS FAILURE TO DEMONSTRATE INITIAL COMPLIANCE WITH THE STANDARD FOR PARTICULATE MATTER. ALTHOUGH MSCP HAS AGREED TO CONDUCT A SECOND STACK TEST, U.S. EPA POLICY, ENUNCIATED AS RECENTLY AS JUNE 28, 1984, REQUIRES THE PAYMENT OF AN APPROPRIATE CASH PENALTY. CAUSE OF ACTION MSCP HAS VIOLATED SEVERAL REQUIREMENTS OF NSPS: FAIL- URE TO DEMONSTRATE COMPLIANCE WITH THE STANDARD FOR PARTICU- LATE MATTER UNDER 40 CFR 60.8(A); FAILURE TO SUBMIT TIMELY REPORT OF A STACK TEST UNDER 40 CFR 60.8(A); FAILURE TO GIVE TIMELY NOTICE OF STACK TEST UNDER 60.8(D); FAILURE TO SUBMIT EXCESS EMISSION REPORTS UNDER 40 CFR 60.7(C); FAILURE TO SUBMIT NOTICE OF DATE OF DEMONSTRATION OF PERFORMANCE OF CONTINUOUS EMISSIONS MONITORING SYSTEM UNDER 40 CFR 60.7(A) (5); AND FAILURE TO SUBMIT NOTICES OF ANTICIPATED AND ACTUAL STARTUP DATES UNDER 40 CFR 60.7(A)(2,3). EACH OF THESE ACTS OR OMISSIONS CONSTITUTES A VIOLA- TION OF SECTION 111(E) OF THE CLEAN AIR ACT, 42 U.S.C. SECTION 7411(E). SECTION 113(B)(3) OF THE ACT AUTHORIZES THE FILING OF A CIVIL ACTION IN SUCH CASES. 42 U.S.C. SECTION 7413(B)(3). PROPOSED REMEDY