NATURE OF THE CASE: HARRY KEITH & SONS, INC ( HK ) OWNS & OPERATES AN ASPHALT CONCRETE PLANT IN COFFEYVILLE, KS THAT IS SUBJECT TO THE NEW SOURCE PERFORMANCE STANDARD ( NSPS ) FOR ASPHALT CONCRETE PLANTS. THIS IS A CIVIL ACTION TO EN- FORCE THE NSPS. CAUSE OF ACTION: ON 10/20 & 21/80 HK CONDUCTED PERFORMANCE TESTING ON ITS ASPHALT CONCRETE PLANT PURSUANT TO A TEST ORDER IS- SUED BY EPA TO ENFORCE THE TESTING REQUIREMENTS OF THE NSPS REGULATIONS. THE TEST RESULTS SHOWED THAT HK WAS OPERATING 85% IN EXCESS OF THE NSPS. PROPOSED REMEDY: EPA & HK ENTERED INTO A CD THAT REQUIRES HK TO RE- TEST & TO DEMONSTRATE COMPLIANCE W/THE NSPS & TO PAY A CIVIL PLTY OF $1500. ISSUES OF NATIONAL SIGNIFICANCE: NONE.