NATURE OF THE CASE: MID-STATES OWNS & OPERATES 2 GRAIN TERMINAL ELEVATORS IN TOLEDO, OH. ONE IS A FACILITY WHICH PRE-EXISTED THE 1977 CAA AMNEDMENTS, THE OTHER IS A NEW FACILITY. THE EXISTING FACILITY HAS 10 SHIPLOADING SPOUTS, THE NEW FACILITY HAS 3 SHIPLOADING SPOUTS. THE EXISTING FACILITY IS SUBJECT TO OH SIP REGULATION AP-3-12(RECODIFIED AS 3745-17-11) WHICH SPEC- IFIES PARTICULATE EMISSION LIMITS & REGULATION AP3-3-07(RE- CODIFIED AS 3745-17-07) WHICH LIMITS OPACITY OF EMISSIONS. THE NEW FACILITY IS SUBJECT TO NEW SOURCE PERFORMANCE STAND- ARDS UNDER SEC 129(A)(1) OF THE CAA. CAUSE OF ACTION: ON 4/27/79, EPA ISSUED AN NOV TO THE SOURCE CITING VIOL 'S OF AP 3-12. ON 8/21/79 EPA ISSUED AN NOV TO MIDSTATES CITING VIOL'S OF AP 3-07. ON 1/30/81, EPA ISSUED A FINDING OF VIOL PURSUANT TO SEC 113(A)(5) OF THE CAA BASED ON EPA'S DETERMINATION THAT THE CONSTR PERMIT WHICH HAD BEEN ISSUED TO MIDSTATES BY THE STATE OF OH FAILED TO COMPLY W/THE RE- QUIREMENTS OF SEC 129(A)(1) OF THE CAA, EPA TOOK ENFORCEMENT ACTION AGAINST MID-STATES ONLY AFTER THE NORTHWESTERN OH LUNG ASSOCIATION FILED A SUIT IN US DIST CT TO COMPEL THE EPA TO ISSUE AN NOV AGAINST MID-STATES & TO COMPEL EPA TO COMMENCE A CIVIL ACTION TO STOP CONST OF MID-STATES NEW FAC- ILITY. ON 2/21/80, THE CT ENTERED FINAL JUDGMENT IN THAT CASE, ORDERING EPA TO INITIATE A CIVIL