NATURE OF THE CASE THIS CIVIL ACTION IS AUTHORIZED BY SEC TION 113(A)(3), 113(B) AND 111(E) OF THE CLEAN AIR ACT. THE PURPOSE OF THIS LITIGATION IS TO ABATE EXCESSIVE PARTICULATE EMISSIONS DISCHARGED BY NATIONAL CEMENT'S PORTLAND CEMENT KILN AND CLINKER COOLER LOCATED IN RAGLAND, SAINT CLAIR COUNTY, ALABAMA. THESE EXCESSIVE EMISSIONS HAVE BEEN DOCU- MENTED BY VISIBLE EMISSIONS EVALUATIONS CONDUCTED BY STATE & EPA INSPECTORS, AND BY PERFORMANCE (STACK) TESTS DONE BY NATIONAL CEMENTS' CONSULTANT, GUARDIAN SYSTEMS, INC. THE SPECIFIC FEDERAL AIR POLLUTION CONTROL REGULATIONS VIOLATED ARE FOUND AT 40 C.F.R. SECTION 60.62(A)(2), (B)(1), AND (B) (2) WHICH ARE NEW SOURCE PERFORMANCE STANDARDS APPLICABLE TO KILNS AND CLINKER COOLERS AT PORTLAND CEMENT PLANTS. NATION- AL CEMENT CO., INC. SHOULD HAVE COMPLIED WITH NEW SOURCE PER FORMANCE STANDARDS ON A CONTINUOUS BASIS SINCE MODIFYING AND EXPANDING THE RAGLAND PLANT IN 1977; THE COMPANY PLANS TO A- CHIEVE FINAL COMPLIANCE ON MARCH 15, 1985, EIGHT (8) YEARS LATER. DOCUMENTED EMISSIONS HAVE EXCEEDED NEW SOURCE PERFORM ANCE STANDARDS BY A FACTOR OF TWO (2) TO TEN (10) TIMES THE ALLOWABLE LIMITS. IN JUNE, 1982 AGENTS OF NATIONAL CEMENT RE MOVED GRAVEL FROM THE CLINKER COOLER CONTROL DEVICE, THE REX NORD GRAVEL BED FILTER, WHICH CRIPPLED THE POLLUTION CONTROL COLLECTION EFFICIENCY OF THAT POLLUTION CONTROL DEVICE. CAUSE OF ACTION/REQUESTED RELIEF - PLEASE REFER TO THE AT- TACHED COMPLAINT FOR ALL ALLEGATIONS O