(CASE SUMMARY SUBMITTED, 11/05/86, BY HQ ATTY, TO BE ADDED LATER.---W.B.) I. SYNOPSIS OF CASE THIS CASE IS REFERRED FOR THE PURPOSE OF ENJOINING THE GRE ATER DETROIT RESOURCE RECOVERY AUTHORITY (GDRRA) AND COMBUS- TION ENGINEERING, INC. (CE) FROM FURTHER CONSTRUCTION OF THE DETROIT RESOURCE RECOVERY FACILITY (THE FACILITY) WITHOUT AP PROPRIATE EMISSION LIMITATIONS ON PARTICULATE MATTER AND CAR BON MONOXIDE. THE CAA, 42 USC 7401 ET SEQ. (THE ACT) REQUIRES THAT EMIS- SIONS OF CERTAIN POLLUTANTS FOR WHICH AN AREA HAS NOT ATTAIN ED THE NATL AMBIENT AIR QUALITY STANDARDS (NAAQS), BE LIMIT- ED BY THE LOWEST ACHIEVABLE EMISSION RATE (LAER). 42 USC 750 3. PERMITS GRANTED TO SOURCES THAT WILL BE CONSTRUCTED IN A NONATTAINMENT AREA MUST CONTAIN LAER FOR EACH NONATTAINMENT POLLUTANT. ON NOVEMBER 9, 1984, THE MICHIGAN AIR POLLUTION CONTROL CO MMISSION (MAPCC) ISSUED A PERMIT TO CE FOR CONSTRUCTION OF THE DETROIT FACILITY. THE PERMIT DOES NOT REQUIRE THE FACI- LITY TO OPERATE AT EMISSION CONTROL LIMITS THAT ARE CONSIS- TENT WITH THE DEFINITION OF LAER AT 42 USC 7501. IN ADDITION THE FEDERALLY APPROVED MICHIGAN SIP REQUIRES LAER IN PERMITS FOR ALL NEW SOURCES LOCATED IN NONATTAINMENT AREAS. USEPA ISSUED FINDINGS OF VIOLATION (FOVS) ON MAY 12, 1986, TO BOTH THE STATE OF MICHIGAN AND CE