ONE CONDENSATE STORAGE TANK IS INVOLVED IN THIS ACTION AND HAS BEEN IDENTIFIED BY THE LOUISIANA DEPARTMENT OF ENVIRON- MENTALS QUALITY (LDEQ) IN PERMIT # 2660-00059-00 AS TANK #010. (SEE EXHIBIT 9.) THIS STORAGE TANK IS SUBJECT TO THE STANDARDS OF PERFORMANCE FOR VOLATILE ORGANIC LIQUID STORAGE VESSELS INCLUDING PETROLEUM LIQUID STORAGE VESSELS FOR WHICH CONSTRUCTION, RECONSTRUCTION, OR MODIFICATION COMMENCED AFTER JULY 23, 1984, CODIFIED AT 40 C.F.R. PART 60 SUBPART KB. AN LDEQ INSPECTION PERFORMED AT THE ANR FAC- ILITY ON FEBRUARY 3, 1989, NOTED THAT ANR OPERATES THE STOR- AGE TANK IN VIOLATION OF THE APPLICABLE NEW SOURCE PERFOR- MANCE STANDARDS (NSPS). (SEE EXHIBIT 8.) LDEQ ISSUED AN NOV TO ANR ON MARCH 16, 1989, TO ADDRESS THE VIOLATIONS. THE VIOLATIONS OCCURRING AT ANR'S RESPONSES IN ITS APRIL 17, 89, LETTER. LDEQ REFERED THE CASE TO EPA ON APRIL 24, 1989. EPA ISSUED AN LOV TO ANR ON JUNE 6, 1989. A SECOND INSPECT- ION BY LDEQ PERFORMED ON JUNE 13, 1989, NOTE THE STORAGE TANK WAS STILL IN VIOLATION OF THE NSPS REQUIREMENT. EPA REQUESTS THAT ANNR BE REQUIRED TO PAY A PENALTY FOR VIOLATION OF THE NSPS REQUIREMENTS AND SEEKS INJUNCTIVE RELIEF ORDERING ANR TO COMPLY WITH SUBPART KB OF 40 C.F.R. PART 60.