BACKGROUND AND NATURE OF THE CASE ON MARCH 27, 1984, REGION V ISSUED A NOTICE OF VIOLATIO N TO NEW BOSTON COKE CORPORATION FOR VIOLATION OF OHIO RULE AP-3-07 AT ITS NEW BOSTON, OHIO, COKE BATTERY FACILITY. AP-3-07 IS PART OF THE FEDERALLY APPROVED OHIO SIP AND LIMIT S THE DENSITY OF VISIBLE EMISSIONS EMANATING FROM STATIONARY SOURCES. NEW BOSTON COKE CORPORATION WAS FOUND TO BE IN VIOLATION OF THE STANDARD DURING PUSHING AND CHARGING OPERAT IONS, BASED UPON READINGS TAKEN BY CERTIFIED OPACITY OBSERVE RS. NEW BOSTON COKE CORPORATION IS LOCATED IN SCIOTO COUNTY WHICH HAS BEEN DESIGNATED AS A PRIMARY NON-ATTAINMENT AREA F OR TOTAL SUSPENDED PARTICULATES. CAUSE OF ACTION NEW BOSTON'S EMISSIONS ARE IN VIOLATION OF THE OHIO SIP AND BECAUSE NEW BOSTON IS A MAJOR SOURCE, U.S. EPA IS REQUIR ED TO BRING SUIT TO ABATE THE VIOLATIONS AND RECOVER PENALTI ES UNDER SECTION 113 OF THE CLEAN AIR ACT, 42 U.S.C. SEC- TION 7413. PROPOSED PENALTY IN ORDER TO ACHIEVE COMPLIANCE WITH THE OHIO SIP, NEW BOSTON MUST INSTALL CONTROL EQUIPMENT. REGION V RECOMMENDS A PENALTY FOR SETTLEMENT PURPOSES OF $10,000. ISSUES OF NATIONAL AND PRECEDENTIAL SIGNIFICANCE NEW BOSTON INTENDS TO RAISE ALL THE ISSUES TYPICALLY LITIGATED IN A STEEL CASE. NEW BOSTON