NATURE OF CASE THE CARBORUNDUM CO, BONDED ABRASIVES DIVISION, MANU- FACTURES ABRASIVE WHEELS AND OTHER TOOLS FROM SILICON CAR BIDE AND ALUMINUM OXIDE AT THE NIAGRA FALLS PLANT. THE CO. ALSO OPERATES TWO COAL-FIRED BOILERS AT THE FACILITY, WHICH ARE MAJOR STATIONARY SOURCES OF PARTICULATE AIR POL- LUTION LOCATED IN AN AREA WHICH IS NOT ATTAINING THE SEC- ONDARY NATIONAL AMBIENT AIR QUALITY STANDARDS FOR PARTI- CULATE MATTER, AND WHICH BORDERS A PRIMARY NON-ATTAINMENT AREA. REG. 2 HAS DETERMINED THAT THE COMPANY'S BOILER #5 REMAINED IN VIOLATION OF APPLICABLE VISIBLE EMISSIONS OPACITY LIMITATIONS SET FORTH IN SEC. 227.4(A), TITLE 6, OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK ( NYCRR ), PART OF THE FEDERALLY- APPROVED NEW YORK STATE IMPLEMENTATION PLAN ( SIP ) FOR THE AIR QUALITY CONTROL REGION IN WHICH THE PLANT IS LO- CATED, MORE THAN 30 DAYS AFTER HAVING BEEN NOTIFIED BY THE AGENCY OF THAT VIOLATION. WE THEREFORE RECOMMEND THAT A CIVIL ACTION FOR INJUNCTIVE RELIEF AND THE IMPOSI- TION OF CIVIL PENALTIES BE INITIATED IN FEDERAL DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK, PURSUANT TO SEC.113(B) OF THE CLEAN AIR ACT. ON JULY 9, 1979 THE NEW YORK STATE DEPT. OF ENVIRON- MENTAL CONSERVATION ( NYSDEC ) ISSUED