REFERRAL CONCERNS VIOLATIONS OF AN ORDER REQUIRING A SOURCE TEST PURSUANT TO SECTION 113(A) OF THE CLEAN AIR ACT, 42 USC, PART 7413(A), AND OF THE SUBSTANTIVE PROVISIONS OF THE NEW SOURCE PERFORMANCE STANDARDS (NSPS) CONTAINED IN SECTION 111 OF THE ACT, 42 USC, PART 7411. THE DEFENDANT, GORDON PAVING, OWNS A CONTINUOUS MIX ASPHALT PLANT WHICH IS SUBJECT TO THE NEW SOURCE PERFORMANCE STANDARDS PROMULGATED AT 40 CFR, PART 60.90-.93. THIS REFERRAL SOLELY INVOLVES PENALTIES FOR PAST VIOLATIONS. THE DEFENDANT HAS DEMON- STRATED COMPLIANCE BY SOURCE TEST. NO ISSUES OF NATIONAL OR PRECEDENTIAL SIGNIFICANCE HAVE BEEN IDENTIFIED.