I. SYNOPSIS MUSKEGON ASPHALT PAVING, (HERINAFTER REFERRED TO AS MAP ), PERFORMS ASPHALT CONCRETE MANUFACTURING OPERATIONS ON A SEASONAL BASIS IN MUSKEGON, MICHIGAN. THE MUSKEGON PLANT STARTED OPERATION IN 1974 AND IS THUS SUBJECT TO THE FEDERAL STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES, ALSO KNOWN AS NEW SOURCE PERFORMANCE STANDARDS ( NSPS ), AT 40 C.F.R. PART 60, INCLUDING 40 C.F.R. SECTION 60.8 (PER- FORMANCE TESTING) AND 40 C.F.R. SECTION 60.92 (STANDARD FOR PARTICULATE MATTER). THESE REGULATIONS WERE PROMULGATED PERSUANT TO SECTIONS 111(B) AND 114(A) OF THE CLEAN AIR ACT ( ACT ), 42 U.S.C. SECTION 7411(B) AND 7414(A). ALTHOUGH THE PLANT HAD BEEN OPERATING FOR ELEVEN YEARS, THE SOURCE FAILED TO CONDUCT A NSPS PERFORMANCE TEST AND SUBMIT THE REPORT AS REQUIRED BY 40 C.F.R. SECTION 60.8, TO DEMONSTRATE COMPLIANCE WITH THE PARTICULATE MATTER STANDARD. 40 C.F.R. SECTION 60.8 REQUIRES THAT A SOURCE SUBJECT TO NSPS CONDUCT A PERFORMANCE TEST AND SUBMIT THE RESULTS NO LATER THAN 180 DAYS AFTER START-UP. THE UNITED STATES ENVI- RONMENTAL PROTECTION AGENCY ( U.S. EPA ), REGION V SENT A REQUEST FOR INFORMATION TO MAP ON JULY 10, 1985, REQUESTING MAP TO SUBMIT TO U.S. EPA AN AIR POLLUTANT EMISSIONS REPORT, INCLUDING ANY STACK TESTS THAT MAY HAVE BEEN PERFORMED (AT- TACHMENT 1). MAP RESPONDEND BY ASKING FOR SUFFICIENT TIME TO FILL OUT THE RESPONSE. IN THE MEANTIME, MAP CONDUCTED A