I. SYNOPSIS OF THE CASE USS, DIVISION OF USX CORPORATION (USS) OWNS AND OPER- ATES A FULLY INTEGRATED IRON AND STEELMAKING FACILITY IN LORAIN, OHIO. ON JANUARY 23, 1979, U.S. EPA FILED SUIT A- GAINST USS IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO, ALLEGING VIOLATIONS OF THE CLEAN WATER ACT, 33 U.S.C. SECTION 1251 ET SEG., AND NATIONAL POL- LUTANT DISCHARGE ELIMINATION SYSTEM ( NPDES ) PERMIT NO. D32B*BD. THIS CASE WAS RESOLVED BY CONSENT DECREE ON JUNE 27, 1980 (ATTACHMENT A). THIS DECREE CONTAINED AN ENVIRON- MENTALLY BENEFICIAL CREDIT PROJECT CONSISTING OF A DUST SUPPRESSION PROGRAM IN LIEU OF A CIVIL PENALTY. THIS PRO- GRAM, HOWEVER, DID NOT COST AS MUCH AS USS CERTIFIED IT WOULD. INSTEAD OF PAYING TO THE U.S. THE DIFFERENCE IN COST, AS REQUIRED BY THE TERMS OF THE CONSENT DECREE, USS FILED A MOTION REQUESTING THAT THE COURT MODIFY THE DECREE. THE UNITED STATES INITIALLY OPPOSED THE MOTION, BUT LATER THE PARTIES AGREED TO RESOLVE THE MATTER WITH A CIVIL PEN- ALTY (WHICH USS PAID) AND FURTHER AIR POLLUTION CONTROL CREDIT PROJECTS. THESE CREDIT PROJECTS WERE INCORPORATED INTO AN AMENDMENT TO THE ORIGINAL CONSENT DECREE. THIS AMENDED CONSENT DECREE WAS ENTERED ON NOVEMBER 22, 1985 (AT- TACHMENT B). THIS CASE IS A CIVIL CONTEMPT ACTION STEMMING FROM THE VIOLATION OF TWO DIFFERENT CREDIT PROJECT REQUIRE- MENTS FOUND IN THE AMENDED CONSENT D