DEFENDANTS BUILT AND CURRENTLY OPERATE A MAJOR MODIFICATION TO THEIR PORTLAND CEMENT PLANT WITHOUT A VALID PREVENTION OF SIGNIFICANT DETERIORATION PERMIT. ALTERNATIVELY, DEFENDANTS FAILED TO COMPLY WITH THE FACILITY'S AUTHORITY TO CONSTURCT PERMIT ISSUED BY THE KERN'S COUNTY AIR POLLUTION CONTROL DISTRICT ON JULY 6, 1989 BY FAILING TO MEET THE EMISSION LIMITS FOR NITROGEN OXIDES AS SET FORTH IN THE ATC PERMIT. DEFENDANTS FAILED TO COMPLY WITH 40 C.F.R. PART 60 SUBPART F BY FAILING TO PROVIDE, IN A TIMELY MANNER, CONTINUOUS EMISSION MONITORING DATA FOR KILN OPACITY TO THE EPA, AND FOR EXCEEDING PARTICULATE EMISSIONS STANDARDS FROM THE CLINKER COOLER. DEFENDANTS FAILED TO COMPLY WITH 40 C.F.R. PART 60 SUBPART Y BY FAILING TO CONDUCT START-UP PERFORMANCE TESTS ON ITS COAL PREPARATION PLANT. REGION IX IS REQUESTING AUTHORIZATION TO CONDUCT PRE- REFERRAL NEGOTATIONS AND PROPOSES TO RESOLVE THIS CASE VIA A CONSENT DECREE THAT WILL PROVIDE FOR A CIVIL PENALTY IN THE AMOUNT OF $207,480 AND A REQUIREMENT THAT DEFENDANTS COMPLY WITH ALL ATC PERMIT CONDITIONS, NSPS REQUIREMENTS AND OBTAIN A PSD PERMIT.