SYNOPSIS THIS LITIGATION REPORT PROPOSES THE FILING OF A CIVIL ACTION PURSUANT TO CAA SECTION 113 (42 U.S.C. 7413(B)) AGAINST THE NEW YORK STATE OFFICE OF MENTAL HEALTH (OMH) AND THE NEW YORK STATE FACILITIES DEVELOPMENT CORPORATION (FDC) FOR THEIR VIOLATIONS OF PART 227 OF TITLE 6 OF OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS (STATE EFFECTIVE DATE 3/24/79). 6 NYCRR PART 227 LIMITS THE MASS EMISSIONS OF PARTICULATES FROM STATIONARY COMBUSTION SOURCES & LIMITS AS WELL THE OPACITY OF ANY VISIBLE EMISSIONS FROM SUCH SOURCES. THIS REGULATION IS A PROVISION OF THE FEDERALLY- APPROVED AND FEDERALLY ENFORCEABLE STATE IMPLEMENTATION PLAN (SIP) DEVELOPED BY THE STATE OF NY, PROMULGATED BY EPA PUR- SUANT TO CAA SECTION 110 AND APPLICABLE TO THE AIR QUALITY CONTROL REGION IN WHICH THE ST. LAWRENCE PSYCHIATRIC CENTER (THE FACILITY) IS LOCATED. THE OMH OPERATES THE ST. LAWRENCE PSYCHIATRIC CENTER, A STATE INSTITUTION FOR THE MENTALLY ILL, IN OGDENSBURG, NY. THE FACILITY INCLUDES A BOILER PLANT W/ 3 OPERABLE FOSSIL FUEL FIRED (COAL/GAS) BOILERS. THESE ARE STATIONARY COMBUS- TION INSTALLATIONS, AND SOURCES OF AIR POLLUTION. AS SUCH, THEY ARE ALL SUBJECT TO THE EMISSION LIMITATIONS FOR MASS EMISSIONS OF PARTICULATES AND FOR OPACITY SET FORTH IN 6 NYCRR PART 227. A 6/9/82 INSPECTION OF THE FACILITY BY AN EPA REGION II INSPECTOR REVEALED THAT