NATURE OF THE CASE BORDEN OPERATES A PLANT IN LYONS, NY, WHICH MANUFACTURES THREE-PIECE METAL CANS. THE FACILITY IS LOCATED IN AN AREA WHICH DOESN NOT ATTAIN THE PRIMARY AMBIENT STANDARD FOR OZONE AND WHICH HAS AN ATTAINMENT DEADLINE OF 12/31/82. THIS SOURCE IS THEREFORE SUBJECT TO THE ENFORCEMENT POLICY ON 9/20/83. CAUSE OF ACTION THE NY STATE IMPLEMETATION PLAN (SIP) REQUIRES AN OWNER OR OPERATOR OF PROCESSES INVOLVING COIL COATING LINES TO SUBMIT A CONTROL PLAN TO THE STATE BY 1/1/80, AND TO ACHIEVE COMPLIANCE BY 7/1/80 WITH A LIMITATION OF 2.6 LBS OF VOLA- TILE ORGANIC COMPOUND (VOC) PER GALLON OF COATING APPLIED. THE COATINGS CURRENTLY USED AT THE PLANT HAVE AN AVERAGE VOC CONTENT OF 4.9 LBS PER GALLON. PROPOSED REMEDY BORDEN IS CURRENTLY SUBJECT TO A STATE ADMINISTRATIVE ORDER WHICH REQUIRES BORDEN TO REDUCE ITS EMISSIONS FROM A CURRENT LEVEL OF 127 TONS/YEARS TO A LEVEL BELOW 100 TONS/YR THE THRESHOLD FOR APPLICABILITY OF THE REGS, BY 1/1/84. EPA IS SEEKING TO PLACE THE SOURCE ON A FEDERAL COMPLIANCE SCHEDULE PARALLEL TO THE STATE SCHEDULE AND SUBJECT TO STIPULATED PENALTIES FOR FAILURE TO MEET IT. ADDITIONALLY, EPA IS SEEKING A CIVIL PENALTY OF AT LEAST $15K TO $30K. ISSUES OF NATIONAL OR PRECEDENTIAL S