THIS LITIGATION REPORT PROPOSES THE FILING OF A CIVIL ACTION PURSUANT TO SECTION 113(B) OF THE CAA (THE ACT ), 42 U.S.C. 7413(B),AGAINST THE TANNER COS. FOR VIOL OF SECTS 111 & 114 OF CAA. THIS FACILITY IS LISTED AS SIGNIF VIOL IN CDS. SECT 111(E) PROHIBITS THE OPERATION OF ANY SOURCE OF AIR POLLUTION IN VIOLATION OF ANY NEW SOURCE PERFORMANCE STAND- ARD ( NSPS ) PROMULGATED PURSUANT TO SECTION 111, 42 U.S.C. 7411. SECTION 114 REQUIRES ANY PERSON TO SAMPLE POLLUTION EMISSIONS WHEN EITHER REQUIRED UNDER REGULATIONS PROMULGATED BY THE EPA OR WHEN SPECIFICALLY DIRECTED BY THE EPA. 42 U.S. C. 7414. TANNER IS LOCATED IN PHOENIX, AZ. TANNER OWNS AND OPER- ATES AN ASPHALT CONCRETE PLANT IDENTIFIED BY TANNER AS #12- 140, MANUFACTURER'S SERIAL NO. 430. TANNER HAS OPERATED THIS PLANT IN VARIOUS LOCATIONS IN ARIZONA. IT IS CURRENTLY LOCATED IN WIKIEUP. THIS FACILITY IS SUBJECT TO NSPS FOR SUCH PLANTS. INSPECTORS FOR STATE AND LOCAL AGENCIES HAVE DOCUMENTED 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 FACITLITY. ON 11/14/85, EPA SENT A SECTION 114 DIRECTIVE TO TANNER REQUIRING TANNER TO TELL EPA WHETHER TANNER HAD PERFORMED AN INITIAL STARTUP SOURCE TEST AS REQUIRED BY 40 C.F.R. 60.8. TANNER'S RESPONSE TO THIS DIRECTIVE WAS T