THE SUBJECT CO IS IN VIOLATION OF THE REQUIREMENTS OF IOWA ADMIN CODE REGS 4.3(2)C(2) (FUGITIVE DUST NON-ATTAINMENT AREAS), AND 4.1(1) & 4.1(2)C, OPACITY. IOWA HAS BEEN DELEG- ATED THE AUTHORITY TO ENFORCE THE NSPS FOR PORTLAND CEMENT PLANTS (40CFR PART 60, SUBPART F). IN ADDITION, THE SOURCE IS LOCATED IN A NONATTAINMENT AREA FOR PARTICULATE MATTER. REGION VII ISSUED AN NOV ON 3/16/83. CONTINUING VIOLATIONS WERE DOCUMENTED ON 7/12/83 AND OTHER DATES BY REGION VII AND STATE INSPECTORS. THIS CASE IS BEING REFERRED PURSUANT TO THE ENFORCEMENT POLICY SET OUT IN THE 9/30/83 MEMO ENTITLED ENFORCEMENT ACTION AGAINST STATIONARY AIR SOURCES WHICH WILL NOT BE IN COMPLIANCE BY DECEMBER 31, 1982. THE STATE AGENCY'S ACTION IN REGARD TO THESE VIOLATIONS IS NOT IN CONFORMITY WITH THAT POLICY. THE STATE HAS ISSUED A DEPARTMENTAL ORDER CONTAIN- ING A GENERAL COMPLIANCE SCHEDULE, BUT THE ORDER CONTAINS NO INCREMENTS OF PROGRESS, NOR DOES IT IMPOSE PENALTIES FOR PAST VIOLATIONS NOR STIPULATED PENALTIES FOR FAILURE TO COMPLY WITH THE SCHEDULE IN THE ORDER. THE DEF DEFENDANT HAS CONTESTED THE STATE ORDER AND WANTS A SCHEDULE RUNNING TO 1986. CONSENT ORDER ENTERED 5/84, W. SOME OF SCHEDULE RUNNING TO '86, AND STIP. PENS. BUT NO PENS. FOR PAST VIOLATIONS. BECAUSE LEHIGH HAS APPEALED THE ORDER, MOST OF THE COMPLIANCE DATES THEREIN HAVE PASSED.