THIS PROPOSES THE FILING OF A CIVIL ACTION PURSUANT TO THE CAA SECTION 113(B), 42 USC 7413(B), AND 28 USC 1345 AGAINST BORDEN, INC. FOR VIOLATIONS OF ITS STIPULATION AND JUDGMENT (ENTERED IN THE U.S. DISTRICT COURT FOR THE WEST- ERN DISTRICT OF N.Y. ON JUNE 21, 1984 BETWEEN THE U.S.A. AND BORDEN, INC. - CIVIL ACTION NO. 83-357T) UNDER THAT STIPULATION AND JUDGMENT, BORDEN WAS REQUIRED TO: FABRICATE AND INSTALL CONTROL EQUIPMENT, APPLY FOR & OB- TAIN (FROM NYSDEC) PERMITS TO CONSTRUCT & OPERATE, FILE SPECIFIED REPORTS, ACHIEVE, MAINTAIN, AND DEMONSTRATE (BY MEANS OF AN APPROVED STACK TEST) COMPLIANCE W/ 6 NYCRRPART 228 (CONCERNING EMISSIONS OF VOC'S), KEEP AN INVENTORY OF SPARE PARTS, OPERATE (AFTER NOV. 1, 1984) THE CONTROL EQUIP- MENT AT ALL TIMES WHEN PRODUCTION LINE IS OPERATED, PAY AN UPFRONT PENALTY, & PAY STIPULATED PENALTIES FOR EACH DAY'S VIOLATION OF THE STIPULATION AND JUDGMENT. BORDEN HAS VIOLATED VARIOUS ASPECTS OF THE STIPULATION AND JUDGMENT. PROPOSED RELIEF SOUGHT: CIVIL PENALTY OF $1,172,500. THIS PENALTY SETTLEMENT HAS BEEN CALCULATED IAW THE CAA STATIONARY SOURCE CIVIL PENALTY POLICY (1984).