THE APACHE POWDER COMPANY ( APACHE ) OPERATES A NITRIC ACID PLANT WHICH IS GOVERNED BY 40 C.F.R. PART 60, SUBPART G PURSUANT TO 40 C.F.R. 60.11(D), APACHE IS REQUIRED TO OPERATE AND MAINTAIN THEIR EQUIPMENT IN A MANNER CONSISTENT WITH GOOD AIR POLLUTION CONTROL PRACTICES FOR MINIMIZING EMISSIONS. APACHE'S FAILURE TO SHUTDOWN THE NITRIC ACID PRODUCTION UNIT IN OCTOBER 1988, DURING A CONTROL EQUIPMENT MALFUNCTION WHICH RESULTED IN EMISSIONS IN EXCESS OF THE NSPS NOX LIMIT, CONSTITUTES A VIOLATION OF 40 C.F.R. 60.11 (D). EPA'S POSITION THAT A MALFUNCTIONING UNIT MUST BE IMMEDIATELY REPAIRED OR SHUTDOWN UNTIL REPAIRS ARE COMPLETED IS REFLECTED IN THE PREAMBLE TO THE PROMULGATION OF 40 C.F.R PART 60, SUBPART A WHICH STATES THAT THE PROVISION OF 60.11(D) REQUIRES THAT GOOD OPERATING AND MAINTENANCE PRACTICES BE FOLLOWED AND THEREBY PRECLUDES CONTINUED OPERATION IN A MALFUNCTIONING CONDITION. REGION IX IS REQUESTING AUTHORIZATION TO CONDUCT PRE- REFERRAL NEGOTIATIONS AND PLANS TO RESOLVE THIS CASE VIA A CONSENT DECREE THAT WILL CALL FOR INJUNCTIVE RELIEF, A PENALTY OF $57,796, AND STIPULATED PENALTIES FOR ANY FUTURE VIOLATIONS.