1. SECTION 113(D) OF THE CLEAN AIR ACT ( CAA ), 42 U.S.C. SECTION 7413(D). 2. MERIDIAN AGGREGATES COMPANY, L.L.P., A DELAWARE CORP. WILLS POINT QUARRY TERRELL, KAUFMAN COUNTY, TEXAS 75160 3. RESPONDENT WAS IN VIOLATION OF THE TEXAS STATE IMPLEMENT- ATION PLAN (SIP) AND THE REGULATIONS OF THE NEW SOURCE PERFORMANCE STANDARDS (NSPS) BY: 1) FAILURE TO OPERATE MOUNTED SPRAY BARS AT CRUSHER; 2) FAILURE TO HAVE NO VISIBLE EMISSIONS FROM THE CRUSHER; 3) FAILURE TO OPERATE WITHIN THE PRODUCTION RATE AS REPRESENTED IN THE PERMIT APPLICATION FOR PERMIT 22193A; AND 4) FAILURE TO CONDUCT INITIAL OPACITY TESTS ON BELT CONVEYORS. 4. RELIEF SOUGHT PURSUANT TO SECTION 113(D) OF THE CAA, EPA PROPOSED A CIVIL PENALTY OF $136,497.40 FOR THE VIOLA- TIONS CITED.