NATURE OF THE CASE: ON 11/5/81, US EPA ISSUED TO THE ANDERSONS AN INNO- VATIVE TECHNOLOGY ORDER PURSUANT TO SEC 113(A)(4), (D)(1) & (4) OF THE ACT, 42 USC SEC 7413(A)(4), (D)(1) & (4). THE ORDER REQUIRED THE ANDERSONS TO ACHIEVE & DEMONSTRATE COMPLIANCE W/PROCESS WEIGHT, OPACITY & FUGITIVE EMISSION REGULATIONS OF THE OH STATE IMPLEMENTATION PLAN(SIP) ON OR BEFORE 4/15/82, AT ITS 7 SHIP LOADOUT SPOUTS. VISIBLE EMISSION OBSERVATIONS TAKEN IN 5/82 CONFIRMED THAT THE ANDERSONS' FACILITY WAS EMITTING PARTICULATE MATTER(GRAIN DUST) WELL IN EXCESS OF THE GENERAL 20% LIMITATION(AFTER APPLYING THE STATUTORY EXEMPTION) CONTAINED IN THE OH OP- ACITY REGULATION. US EPA, REGN 5 HAS DETERMINED THAT DE- SPITE THE INSTALLATION OF THE WATER MIST DUST CONTROL SYSTEM, THE LOADOUT SPOUTS CONTINUE TO VIOLATE BOTH THE TERMS OF THE ORDER & ALL 3 OH SIP REGULATIONS. US EPA, REGN 5 BELIEVES THAT THE CURRENT CONTROL SYSTEM CAN BE MOD TO ENABLE THE SOURCE TO ACHIEVE & DEMO- STRATE COMPLIANCE. IN ITS PRESENT FORM THE SYSTEM IS UN- RELIABLE & HAS NOT BEEN OPERATED PROPERLY. OPACITY HAS VARIED FROM 0 TO 85 % DURING TESTING. OUR TECH EVIDENCE INDICATES THAT THE VIOL'S MAY BE REMEDIED BY MORE STRING- ENT OPERATION & MAINTENANCE PROCEDURES, AN INCREASE IN THE AMOUNT OF MOISTURE USED &/OR THE USE OF ANOTHER CON- TROL SYSTEM IN COMBINATION W/THE CURRE