THIS IS A CIVIL ACTION PURSUANT TO CAA, SECTION 113(B)(1), 42 USC 7413(B)(1). THIS ACTION IS BASED ON A SIP VIOLATION; BERGER INDUSTRIES EMITS VOC IN EXCESS OF THE 3.0 LBS. VOC/ GALLON (LESS WATER) SET OUT IN 6 NYCRR PART 228.7, TABLE 1, FOR MISCELLANEOUS METAL PART COATING. VIOLATIONS UPON WHICH THIS ACTION IS BASED: VIOLATIONS OF THE NY SIP STD FOR VOC EMISSIONS; ENFORCEMENT AUTHORITY, CAA 113(B)(1); DOCUMENTED CONTINUING VIOLATION OF THE SIP STDS FOR VOC; ENFORCEMENT AUTHORITY, CAA 113(B)(1); VIOLATION OF AN ADMINISTRATIVE ORDER, CAA 113(B)(1). PROPOSED RELIEF SOUGHT: INJUNCTIVE RELIEF REQUIRING BERGER TO CLOSE ITS CONDUIT COATING OPERATIONS SHOULD BE SOUGHT IF THE COMPANY FAILS TO MEET ITS SELF-IMPOSED CLOSING DATE OF AUGUST 31, 1986; CIVIL PENALTIES: TOTAL PROPOSED PENALTY: $83,188: THIS PENALTY CALCULATION IS UNMITIGATED; SHOULD BERGER PROVIDE RELEVANT INFORMATION DURING SETTLEMENT DISCUSSIONS, IT MAY BE NECESSARY FOR EPA TO RECALCULATE THE CIVIL PENALTY.