NATURE OF CASE: U.S. STEEL OPERATES A MINI-MILL NEAR BAYTOWN, TEXAS. THIS PLANTWAS ONE OF THE STEEL PLANTS COVERED BY A STEEL STRETCHOUT CONSENT DECREE UNDER THE STEEL INDUSTRY COM- PLAINCE EXTENSION ACT, 42 U.S.C. 7413(E). THE CONSENT DECREE WAS ENTERED IN THE SOUTHERN DISTRICT OF TEXAS ON 3/22/83. THE CONSENT DECREE REQUIRED U.S. STEEL TO COMPLY WITH SPECIFIC PARTICULATE EMISSION LIMITATIONS OF THE TEXAS STATE IMPLEMENTATION PLAN. DURING INSPECTIONS OF THE PLANT ON 11/2/83 AND 11/17/83, VIOLATIONS OF THE PARTICULATE EMISSION LIMITATIONS WERE OBSERVED. CAUSE OF ACTION: AMONG OTHER FACILITIES, THE U.S. STEEL PLANT HAS 2 ELEC- TRIC ARC FURNACE (EAF) SHOPS, EACH WITH 2 FURNACES. THE #1 EAF SHOP IS SUBJECT ONLY TO THE STATE IMPLEMENTATION PLAN REQUIREMENTS, WHILE THE #2 SHOP IS ALSO SUBJECT TO FEDERAL NEW SOURCE PERFORMANCE STANDARDS. BOTH SHOPS ARE COVERED BY THE CONSENT DECREE, BUT VIOLATIONS WERE FOUND AT ONLY THE #1 SHOP. DURING AN INSPECTION ON 11/2/83, VISIBLE EMISSIONS EX- CEEDED THE ALLOWABLE OPACITY AT THE STACKS SERVING THE FURNACES, AND VISIBLE EMISSIONS FROM THE ROOF MONITOR WERE CONSIDERED TO BE EXCESSIVE , THE LIMIT APPLICABLE TO THE MONITOR. VISIBLE EMISSIONS FROM THE V