NATURE OF THE CASE THE TORONTO PAPERBOARD COMPANY, INC., MANUFACTURES RECYCLED PAPERBOARD PRODUCTS AT ITS TORONTO, OHIO, WORKSITE. THE MANUFACTURING PROCESS REQUIRES STEAM WHICH IS GENERATED BY THE COMPANY'S UNCONTROLLED, 28 YEAR-OLD STOKER BOILER. THE COMBUSTION GASES ENTER INTO THE ATMOSPHERE WITHOUT PASSING THROUGH ANY EMISSION CONTROL EQUIPMENT. ON JULY 13, 1983, REGION V ISSUED A NOTICE OF VIOLATION TO TORONTO PAPERBOARD FOR MASS AND OPACITY VIOLATIONS OF THE OHIO SIP, AP-3-07 AND AP-3-11. THE COMPANY EMITS APPROXIMATELY 153.1 TONS OF PARTICULATE PER YEAR, FAR IN EXCESS OF THE 48.6 TONS PER YEAR ALLOWED UNDER THE REGULATIONS. THE TORONTO, OHIO AREA IS DESIGNATED AS A PRIMARY NONATTAINMENT AREA FOR TSP. CAUSE OF ACTION TORONTO PAPERBOARD'S EMISSIONS ARE IN VIOLATION OF THE OHIO SIP. AS THE COMPANY IS A MAJOR SOURCE, UNDER SECTION 113 OF THE CLEAN AIR ACT, 42 U.S.C. SECTION 7413, U.S. EPA IS REQUIRED TO BRING SUIT TO ABATE THE VIOLATIONS AND RECOVER CIVIL PENALTIES. PROPOSED REMEDY IN ORDER TO ACHIEVE COMPLIANCE WITH THE OHIO SIP, TORONTO PAPERBOARD MUST INSTALL CONTROL EQUIPMENT SUCH AS AN ELECTROSTATIC PRECIPITATOR OR BAGHOUSE ON ITS BOILER. REGION V RECOMMENDS SEEKING A COURT ORDER CONTAINING A PER- MANENT INJUNCTION, AN EXPEDITIOUS COMP