REFERRAL OF NORTHERN MINNESOTA PAVING, INC. STATUTE AND REGULATIONS: 42 U.S.C. SECTIONS 7411, 7413, 7414, 40 C.F.R. SECTION 60.8(SUBPART I: ASPHALT CONCRETE) DEFENDANT: NORTHERN MINNESOTA PAVING INC., BOX 473, INTERNATIONAL FALLS, MINNESOTA 56649 VIOLATIONS: REQUIREMENT IN NEW SOURCE PERFORMANCE STANDARDS ( NSPS ) RULES REQUIRING SUBJECT SOURCES TO TEST AND RE- PORT (40 C.F.R. SECTION 60.8) AND ORDER ISSUED UNDER SECTIONS 113 AND 114 REQUIRING THE SAME. PROPOSED RELIEF: A. INJUNCTIVE - INJUNCTION REQUIRING NMP TO TEST AND REPORT B. MONETARY - $1,000 CONTACTS WITH THE DEFENDANT - A CONFERENCE TO DISCUSS THE ORDER WAS HELD ON JULY 5, 1985, WITH ADDITIONAL DISCUS- SIONS AND A PLANT INSPECTION HELD DURING SUBSEQUENT MONTHS. DEFENDANT MAINTAINS THAT IT CANNOT COMPLY WITH EITHER THE RULE OR ORDER. SIGNIFICANT NATIONAL OR PRECEDENTIAL LEGAL OR FACTUAL ISSUES: NONE. DATE OF RECEIPT OF INFORMATION WHICH LED TO DECISION TO INITIATE ENFORCEMENT PROCEEDINGS - OCTOBER 17, 1985 SIGNIFICANT ASPECTS OF THIS CASE: DEFENDANT CLAIMS THAT IT CANNOT AFFORD TO PERFORM A STACK TEST.