REGION IX IS REQUESTING AUTHORIZATION TO CONDUCT PRE- REFERRAL NEGOTIATIONS AND PLANS TO RESOLVE THIS CASE VIA A CONSENT DECREE THAT WILL CONTAIN COMPLIANCE SCHEDULE FOR INSTALLATION OF CONTROLS, REQUIRE COMPLIANCE WITH ALL TESTING AND REPORTING REQUIREMENTS, CALL FOR A PENALTY IN THE RANGE OF $85,000 AND PROVIDE FOR STIPULATED PENALTIES IN THE EVENT OF ANY FUTURE VIOLATIONS. THE SOURCE MODIFIED EXISTING FACILITIES WITHOUT COMPLYING WITH THE NEW SOURCE PERFORMANCE STANDARDS (NSPS). THE SOURCE HAS FAILED TO COMPLY WITH TESTING, REPORTING, AND RECORDKEEPING REQUIREMENTS UNDER SUBPARTS A AND CC OF THE NSPS REGULATIONS. 40 C.F.R. PART 60.