THIS LIGTIGATION 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 BY THE EPA OR WHEN SPECIFICALLY DIRECT- ED BY THE EPA. 42 U.S.C. 7414. TANNER IS LOCATED IN PHOENIX, ARIZONA. TANNER OWNS AND OPERATES AN ASPHALT CONCRETE PLANT IDENTIFIED BY TANNER AS # 12-400, MANUFACTURER'S SERIAL NO. 80-079. TANNER HAS OPERATED THIS PLANT IN VARIOUS LOCATIONS IN ARIZONA. IT IS CURRENTLY LOCATED IN PHOENIX. THIS FACILITY IS SUBJECT TO NSPS FOR SUCH PLANTS. INSPECTORS FOR STATE AND LOCAL AGEN- CIES HAVE DOCUMENTED SEVERAL 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. ON 07/19/85, EPA REGION IX SENT TANNER A SECTION 114 DIRECTIVE REQUIRING TANNER TO TELL EPA THE CONSTRUCTION DATE OF THIS FACILITY AND TO PERFORM A SOURCE TEST ON THIS FACILITY. TANNER'S RESPONSE, INCLUDING THE RESULTS OF THE SOURCE TEST, WAS TO BE POSTMARKED NO LATER THAN 08/23/85. FROM 07/31/85 TO 08/28/85 TANNER HAD A SERIES OF SOURCE TESTS CONDUCTED AT THIS FACILITY. EPA DI