REGION V FILED THE ADMINISTRATIVE COMPLAINT IN THIS MATTER ON JUNE 28, 1996. THE COMPLAINT ALLEGED THAT RESPONDENT VIOLATED THE NEW SOURCE PERFORMANCE STANDARDS ( NSPS ) FOR HOT MIX ASPHALT FACILITIES, IN THAT DURING, AND FOR A TIME AFTER, A SEPTEMBER 7, 1995 STACK TEST, THE PLANT VIOLATED THE STANDARD FOR EMISSIONS OF PARTICULATE MATTER AT 40 C.F.R. SEC. 60.92(A)(1). BASED ON THE NUMBER OF DAYS THE PLANT OPERATED AFTER THE STACK TEST IN 1995, THE COMPLAINT PROPOSED THAT H&D BE ASSESSED A CIVIL PENALTY OF $191,297. BASED ON FACTORS INCLUDING THE STEPS H&D TOOK TO PROMPTLY RETURN TO COMPLIANCE, INCLUDING SUSPENDING OPERATIONS SHORTLY AFTER IT LEARNED OF THE STACK TEST RESULTS; INSTALLATION OF APPROPRIATE NEW CONTROL EQUIPMENT AT THE CHEBOYGAN FACILITY; INFORMATION H&D PROVIDED ON ITS PRODUCTION RATES AND DAYS OF OPERATION IN 1995; AND THE COMPANY'S AGREEMENT TO PERFORM T