NATURE OF THE CASE: SHULTZ OPERATES A MANUFACTURING PLANT IN MANHATTAN, NY, AT WHICH COATINGS ARE APPLIED TO METAL FURNITURE. THE SHULTZ PLANT IS A MAJOR SOURCE OF VOC. (VOC EMISSIONS ARE PRECUR- SORS TO THE CREATION OF PHOTOCHEMICAL OXIDANTS AND OZONE.) NEW YORK COUNTY, IN WHICH THE FACILITY IS LOCATED, IS AN AREA NOT ATTAINING THE PRIMARY HEALTH-RELATED STANDARD FOR OZONE (40 CFR 81.333). THE COATINGS USED AT THE SHULTZ FACILITY CONTAIN ORGANIC SOLVENTS; THE COATING PROCESS IS THEREFORE SUBJECT TO THE RQRMTS OF 6 NYCRR PART 228 (A PORTION OF THE NYSIP). THE MAXIMUM PERMISSIBLE SOLVENT CONTENT OF COATINGS IS SET FORTH IN TABLE I OF THE REGULATION: METAL FURNITURE COATING OP- ERATIONS MAY NOT EXCEED A SOLVENT CONTENT OF 3.0 POUNDS OF ORGANIC SOLVENT PER GALLON OF COATING AT APPLICATION. COM- PLIANCE WITH THE SIP STANDARD WAS REQUIRED NLT JULY 1, 1980. ON JUNE 17, 1982, THE USEPA REGION II ISSUED A NOV TO SHULTZ FOR EMITTING VOLATILE ORGANIC COMPOUNDS IN EXCESS OF THE MAXIMUM PERMITTED UNDER THE APPLICABLE NYS REGULATION, SECTION 228.1, TITLE 6 NYCRR. THE EPA MET WITH THE COMPANY AND AN AGREEMENT WAS REACHED SHORTLY THEREAFTER. A FINAL JUDGMENT ON CONSENT WAS FILED ON MAY 9, 1983 WHICH INCLUDED A CIVIL PENALTY OF $2,000. THE SHULTZ COMPANY WAS ORDERED TO ACHIEVE AND THEREAFTER MAINTAIN COMPLIANCE WITH THE EMISSIO