THIS PROPOSES FILING OF A CIVIL ACTON FOR PENALTIES PURSU- ANT TO CAA/113(B), 42 USC 7413(B), AGAINST THE PROCTER AND GAMBLE MANUFACTURING COMPANY ( PROCTOR AND GAMBLE ) FOR VIO- LATION, AT THE COMPANY'S STATEN ISLAND FACILITY, OF CAA/111 AND THE PARTICULATE EMISSION LIMITATIONS SET FORTH IN THE PERMIT ISSUED TO THE COMPANY PURSUANT TO THE EPA'S REGULA- TIONS FOR THE PSD, 40 CFR 52.21(R)(1). THE COMPANY'S STATEN ISLAND FACILITY, A MULTIFUEL FIRED BOILER WHICH HAS THE CA- PABILITY TO FIRE WASTE-WOOD, #2 FUEL OIL, NATURAL GAS OR ANY COMBINATION OF THESE, IS SUBJECT TO THE SUBPART D NSPS AND PSD REQUIREMENTS. STACK TESTS CONDUCTED AT THE COMPANY'S STATEN ISLAND FACI- LITY IN 6/84 & 9/84 INDICATE THAT THE FACILITY'S PARTICULATE EMISSIONS EXCEEDED .10 LBS/MMBTU AS REQUIRED BY THE EMISSION LIMITATION AT 40 CFR 60.42(A)(1) & THE COMPANY'S PSD PERMIT. PRELIMINARY REVIEW OF STACK TESTS CONDUCTED IN 12/85 INDICA- CATES THAT THE COMPANY MAY HAVE COME INTO COMPLIANCE W/ THE NSPS AND PSD PARTICULATE EMISSION LIMITATION. EPA REGION II PROPOSES THAT A CIVIL ACTION BE COMMENCED AGAINST PROCTER & GAMBLE TO RECOVER A CIVIL PENALTY, CALCU- LATED IN ACCORDANCE WITH THE CIVIL PENALTY POLICY.