THIS LITIGATION REPORT PROPOSES THE FILING OF A CIVIL ACTION PURSUANT TO SECTION 113(B) OF THE CLEAN AIR ACT (THE ACT ), 42 U.S.C. 7413(B), AGAINST THE TANNER COMPANIES, INC FOR VIOLATIONS OF SECTIONS 111 AND 114 OF THE ACT. SECTION 111(E) PROHIBITS THE OPERATION OF ANY SOURCE OF AIR POLLU- TION IN VIOLATION OF ANY NEW SOURCE PERFORMANCE STANDARD ( NSPS ) PROMULGATED PURSUANT TO SECTION 111, 42 U.S.C. 7411. TANNER HAS BEEN LISTED IN CDS AS A SIGNIFICANT VIO- LATION. SECT 114 REQUIRES ANY PERSON TO SAMPLE POLLUTION EMISSIONS WHEN EITHER REQUIRED UNDER REGS PROMULGATED BY EPA OR WHEN DIRECTED BY EPA. 42 U.S.C. 7414. TANNER HAS BEEN LISTED IN THE CDS AS A SIGNIFICANT VIOLATOR. TANNER IS LOCATED IN PHOENIX, AZ. TANNER OWNS AND OPERATES AN ASPHALT CONCRETE PLANT IDENTIFIED BY TANNER AS #12-139, MANUFACTURER'S SERIAL NO. 518. TANNER HAS OPERATED THIS PLANT IN VARIOUS LOCATION IN AZ AND IS CURRENTLY LOCAT- ED IN PHOENIX. THIS FACILITY IS SUBJECT TO NSPS FOR SUCH PLANTS. INSPECTORS FOR STATE AND LOCAL AGENCIES HAVE DOCU- MENTED NUMEROUS VIOLATIONS OF THE APPLICABLE VISIBLE EMISSIONS STANDARD. SEVERAL TESTS PERFORMED BY INDEPENDENT CONTRACTORS HAVE ESTABLISHED VIOLATIONS OF THE APPLICABLE PARTICULATE EMISSIONS STANDARD AT THIS FACILITY. EPA REGION IX ISSUED A SECTION 114 DIRECTIVE TO TANNER DATED 07/19/85, REQUIRING TANNER TO PERFORM A SOURCE TEST ON THIS FACILITY. THIS DIRECTIVE WAS RECEIV