LITIGATION REFERRAL CONCERNING VIOLATIONS OF THE CLEAN AIR ACT BY AMERICAN CYANAMID COMPANY, LEDERLE LABORATORIES DIVISION. SECTION 165 OF THE CLEAN AIR ACT, 42U.S.C. SECTION 7475, PROHIBITS CONSTRUCTION OF A MAJOR EMITTING FACILITY WITH- OUT A PREVENTION OF SIGNIFICANT DETERIORATION ( PSD ) PERMIT IN ALL AREAS SUBJECT TO THE REQUIREMENTS OF PART C OF THE CLEAN AIR ACT. 40 C.F.R. SECTION 52.21(I) PROHIBITS THE INITIATION OF CONSTRUCTION WITHOUT A PSD PERMIT. 40 C.F.R. PART 60, SUBPART GG IS THE NEW SOURCE PERFOR- MANCE STANDARD FOR STATINARY GAS TURBINES PROMULGATED PUR- SUANT TO C.F.R. SECTION 60.7 REQUIRES NOTIFICATION OF CON- STURCTION OF A SOURCE SUBJECT TO A NEW SOURCE PERFORMANCE STANDARD. 40 C.F.R. SECTION 60.7 WASPROMULGATED PURSUANT TO SECTION 114 OF THE ACT, 42 U.S.C. SECTION 7414. ON NOV, 4, 1988 AMERICAN CYANAMID COMPANY, LEDERLE LAB'S DIVISION ( LEDERLE ), INITIATED CONSTRUCTION OF A PSD AND NSPS AFFECTED FACILITY PRIOR TO THE ISSUANCE OF A PSD PERMIT AND WITHOUT NOTIFICATION TO THE NEW YORK STATE ( NYSDEC ) OR EPA OF THE CONSTRUCTION. LEDERLE HAD APPLIED FOR A PSD PERMIT IN JULY 1988 AND KNEW, IN DECEMBER 1987, THAT THE SOURCE TO CONSTRUCTED WAS SUBJECT TO NSPS. A PSD PERMIT WAS ISSUED BY NYSDEC ON AUGUST 15, 1989 HOWEVER THE FINAL PERMIT DECISION WAS APPEALED BY EPA-REGION II. THE REGION'S APPEAL STAYED THE EFFECTIVENESS OF THE PERMIT