THE VIOLATIONS UPON WHICH THIS ACTION IS BASED ARE AS FOLLOWS: 1) EMISSIONS OF VOLATILE ORGANIC COMPOUNDS (VOC) IN EXCESS OF THE LIMITS ALLOWED UNDER 6 NYCRR 228.1 AND 228.7, TABLE 1; 2) FAILURE TO SUBMIT A COMPLIANCE PLAN TO NYSDEC IN VIOLATION OF 6 NYCRR 228.1B; AND 3) VIOLATION OF THE REPORTING REQUIREMENT OF 42 USC 7414. THE PROPOSED RELIEF SOUGHT IS INJUNCTIVE RELIEF DIRECTING THE DEFENDANT TO SUBMIT A COMPLIANCE PLAN AND TO ACHIEVE COMPLIANCE WITH PART 228 AS EXPEDITIOUSLY AS POSSIBLE; PERMANENTLY ENJOIN THE DEFENDANT FROM VIOLATING PART 228; CIVIL PENALTIES. BACKGROUND OF CONTACTS WITH THE DEFENDANT: 11/30/84: NOV INDEX NO 50203 SENT TO NAMCO; 1/26/87: 114 LETTER SENT TO NAMCO; 9/30/87: COMPLIANCE ORDER ISSUED TO NAMCO DUE TO FAILURE TO RESPOND TO 114 LETTER; 1/7/88, 2/2/88 AND 2/16/88: LETTERS FROM EPA TO NAMCO REGARDING FAILURE TO SUBMIT 114 INFORMATION. * NEED TO ADD FACILITY NAME ETC. CASE CLOSED 2/3/97