NATURE OF THE CASE THIS IS A CIVIL ACTION AGAINST ASAMERA OIL (U.S.), INC., PURSUANT TO SECTION 113(B) OF THE CLEAN AIR ACT, 42 U.S.C. 7413(B), SEEKING COMPLIANCE WITH A PERMIT EPA ISSUED TO ASAMERA PURSUANT TO EPA'S PREVENTION OF SIGNIFICANT DETER- IORATION (PSD) REGULATIONS, 40 C.F.R. 52.21(I), FOR EXPAN- SION OF A REFINERY ASAMERA OWNS AND OPERATES IN COMMERCE CITY, COLORADO, AN INDUSTRIAL SUBURB OF DENVER. CAUSE OF ACTION THIS ACTION ALLEGES THAT ASAMERA HAS FAILED TO OPERATE A SULFUR RECOVERY PLANT AT ITS COMMERCE CITY REFINERY FOR OVER FIFTEEN MONTHS IN VIOLATION OF CONDITION 2 OF ITS PSD PERMIT AND THAT SUCH VIOLATION HAS CONTINUED FOR MORE THAN THIRTY DAYS AFTER NOTIFICATION TO THE SOURCE AND THE STATE OF COLORADO. EPA ISSUED A PSD PERMIT TO ASAMERA ON FEBRUARY 28, 1979 AUTHORIZING THE INSTALLATION OF A CRUDE VACUUM UNIT AND DE- SULFURIZER REFORMER AT THE COMMERCE CITY REFINERY. CONDI- TION 2 OF THE PERMIT REQUIRED ASAMERA TO CONTROL SULFUR EMISSIONS FROM THE EXPANSION BY INSTALLING A SULFUR RECOVERY PLANT CONSISTING OF AN AMINE SCRUBBING UNIT AND A CLAUS SUL- FUR RECOVERY PLANT. BOTH OF THESE UNITS WERE TO BE OPERA- TING IN ACCORDANCE WITH PRESCRIBED EMISSION STANDARDS BY JANUARY 31, 1982. ASAMERA DID NOT START OPERATING T