REGION III SEEKS INJUNCTIVE RELIEF AND CIVIL PENALTIES FOR VIOLATIONS OF THE CLEAN AIR ACT AT THE FRANKLIN SMELTING FACILITY BASED ON VIOLATIONS OF SECTION 110 OF THE CLEAN AIR ACT AND THE FEDERALLY ENFORCEABLE PENNSYLVANIA SIP. THE VIOLATIONS RELATE TO FRANKLIN SMELTING'S SECONDARY COPPER MANUFACTURING PLANT, LOCATED IN PHILADELPHIA. THE FACILITY IS EQUIPPED WITH VARIOUS FURNACES AND RELATED EQUIPMENT WHICH EMIT PARTICULATE MATTER ( PM-10 ), MUCH OF WHICH CONTAINS HIGH LEVELS OF LEAD. THE VIOLATIONS RELATE TO THE EXCESSIVE OUTDOOR EMISSIONS OF PM-10 THAT HAVE BEEN OCCURRING AT THE FACILITY FROM THE EARLY 1980'S TO THE PRESENT. SPECIFICALLY, THESE OUTDOOR EMISSIONS OF LEAD AND PM-10 ARE IN VIOLATION OF THE STRICT PROHIBITION ON FUGITIVE EMISSIONS SET FORTH IN THE FEDERALLY ENFORCEABLE PA SIP. THE FACILITY IS THE SUBJECT OF THE REFERENCED CONSENT DECREE IS NOT PRESENTLY OPERATING, AND HAS NOT BEEN SINCE SEPT. 1997, BUT THE OWNER OF THE FACILITY, FRANKLIN SMELTING & REFINING CORPORATION (FRANKLIN), REMAINS IN BUSINESS AND HAS NOT YET FILED FOR PROTECTION UNDER THE BANKRUPTCY CODE. AT THE TIME OF THE SHUTDOWN OF THE FACILITY, FRANKLIN WAS IN VIOLATION OF SEVERAL CONSENT DECREE PROVISIONS FOR WHICH VERY SUBSTANTIAL STIPULATED PENALTIES HAD ACCRUED, AS DESCRIBED HEREIN. IN ORDER TO ENSURE THAT THE FACILITY IS OPERATED IN COMPLIANCE WITH THE CLEAN AIR ACT SHOULD FRANKLIN EVER OPERATE IT AGAIN, EPA REQUESTS THAT THE MOTION SEEK AN ORDER FROM THE COURT