EPA REGION II SEEKS RESOLUTION OF A 10-YEAR ENFORCEMENT STALEMATE WITH THE BUFFALO BOARD OF EDUCATION THROUGH THIS THREE-FACILITY REFERRAL. THE OBJECTIVE IS TO BRING THE BOARD INTO COMPLIANCE WITH 6 NYCRR SECTION 227.4 AND TO COLLECT APPROPRIATE CIVIL PENALTIES. ON 4/10/85, EPA ISSUED A NOV TO THE BUFFALO BOARD OF EDU- CATION. THE NOV, ISSUED PURSUANT TO CAA/113, 42 USC 7413, CITED THE BOARD FOR VIOLATIONS OF THE NY SIP STANDARDS FOR SMOKE EMISSIONS, 6 NYCRR SECTIONS 227.4. THE BOARD OWNS AND OPERATES THE THREE SCHOOLS WITH COAL-FIRED BOILERS AT ISSUE (P.S. 28, P.S. 59, ROOSEVELT ACADEMY). A NOV CONFERENCE WAS HELD ON 5/1/85, AT WHICH TIME THE BOARD'S REPRESENTATIVE PRESENTED THE BOARD'S POSITION, OUT- LINED THE BOARD'S PLANS TO BRING THE OFFENDING SCHOOLS INTO COMPLIANCE AND STATED THAT THE BOARD WOULD PROVIDE EPA WITH PERIODIC PROGRESS REPORTS. EPA RECEIVED ONE SUCH REPORT, TWO WEEKS AFTER THE NOV CONFERENCE. FOLLOW-UP INSPECTIONS CONDUCTED BY NYSDEC & EPA ESTABLISHED CONTINUING VIOLATIONS AT THE SCHOOLS IN EARLY 1986. THIS REFERRAL IS THE RESULT O OF THOSE DETERMINATIONS. PROPOSED RELIEF SOUGHT: ORDER AND COMPLIANCE SCHEDULE RE- QUIRING THE BOARD TO COMPLY WITH 6 NYCRR 227.4; CIVIL PENAL- TY OF $64,000 - CALCULATED IN ACCORDANCE WITH THE CLEAN AIR ACT CIVIL PENALTY POLICY. SIGNIFICANT NATIONAL OR PRECEDENTIAL