SECTION 114 OF THE ACT WAS VIOLATED BY TWIN COUNTY BECAUSE THE ASPHALT PRODUCTION FACILITY FAILED TO CONDUCT A SERIES OF STACK EMISSIONS TESTS FOR PARTICULATE AND VOLATILE ORGAN- IC COMPOUNDS ( VOC ) AS REQUIRED BY EPA'S FEBRUARY 18, 1988 SECTION 114 REQUEST (EPA REFERENCE NO. 114 P-88-26). EPA ISSUED A COMPLIANCE ORDER ON AUGUST 22, 1988 (INDEX NUMBER 80244) TO TWIN COUNTY, CITING ITS FAILURE TO CONDUCT THE STACK TESTS AND ORDERED IT TO SUBMIT THE TESTING PROTOCOL, CONDUCT THE TESTS AND SUBMIT THE RESULTS TO EPA AND THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ACCORD- ING TO THE TIMEFRAME SET OUT IN THE ORDER. TWIN COUNTY FAILED TO COMPLY WITH THE ORDER AND TO DATE HAS NOT CONDUCT- ED THE STACK TESTING. INJUNCTIVE RELIEF IS SOUGHT TO REQUIRE TWIN COUNTY TO COM- PLY WITH THE FEBRUARY 18, 1988 SECT 114 REQUEST, THE AUGUST 22, 1988 ORDER AND ALL FUTURE INFORMATION REQUESTS ISSUED PURSUANT TO SECT 114 OF THE ACT. IN ADDITION, EPA WILL SEEK CIVIL PENALTIES IN THE AMOUNT OF $39,000 BASED UPON EPA'S CLEAN AIR ACT CIVIL PENALTY POLICY (MARCH 1987). AS DISCUSSED IN THE REFERRAL, TWIN COUNTY IS A HOT MIX ASPHALT PLANT WHICH EPA HAS REQUIRED TO TEST FOR PARTICULATE AND VOC EMISSIONS. REGION II HAS NOT PREVIOUSLY TESTED ASPHALT PLANTS FOR VOC; HOWEVER, GIVEN THE EMISSIONS OFFSET REQUIREMENTS OF PART 231 OF THE NEW YORK SIP, AND THE IN- TRANSIGNET OZONE NONATTAINMENT IN THE