THE STATUTE AND REGULATION WHICH IS THE BASIS FOR THIS PROPOSED ACTION, INCLUDING STATE REGULATIONS, IF APPLICABLE IS CAA SECTIONS 111 AND 113, NEW SOURCE PERFORMANCE STANDARD FOR ASPHALT CONCRETE PLANTS, PROMULGATED UNDER CAA/111 AND 40 CFR/60.92., THE PROPOSED RELIEF TO BE SOUGHT, INCLUDES INJUNCTIVE, RELIEF AND PENALTIES OF $98,925.00. THERE ARE NO ISSUES OF NATIONAL OR PRECEDENTIAL SIGNIFICANCE INVOLVED IN THIS CASE. THE NEW SOURCE PERFORMANCE STANDARD (NSPS) FOR ASPHALT CONCRETE PLANTS REQUIRE AN OWNER OR OPERATOR OF AN ASPHALT CONCRETE PLANT TO PREVENT EMISSIONS FROM ANY AFFECTED FACILITY OF ANY GASES WHICH CONTAIN PARTICULATE MATTER IN EXCESS OF 90 MILLIGRAMS PER DRY STANDARD CUBIC METER (0.04 GRAIN PER DRY STANDARD CUBIC FOOT). ON TWO DIFFERENT OCCASIONS, PERFORM- ANCE TESTS AT SIERRA TRANSIT MIX, INC. SHOWED A VIOLATION OF THAT STANDARD. ON OCTOBER 19, 1983, THE GASES WHICH WERE DISCHARGED INTO THE ATMOSPHERE CONTAINED 256.2 MG. OF PARTICULATE MATTER PER DRY STANDARD CUBIC METER .114 GRAIN PER DRY STANDARD CUBIC FOOT). ON OCTOBER 30, 1984 THE PARTICULATE EMISSIONS WERE 373.5 MG PER DRY STANDARD CUBIC METER (0.166 GRAIN PER DRY STANDARD CUBIC FOOT). THEREFORE, THE PLANT WAS OUT OF COMPLIANCE ON THOSE DATES AND REGION 6 BELIEVES THAT THE