NATURE OF THE CASE BORDEN CHEMICAL, A DIVISION OF BORDEN INC., OPERATES A VINYL CHLORIDE MONOMER FACILITY AT GEISMAR, LA KNOWN AS THE VCM-A PLANT. PRIOR TO 1982 THE FACILITY, KNOWN AS MONOCHEM, WAS OPERATED AS A JOINT VENTURE OF BORDEN AND UNIROYAL. EMISSIONS FROM THE VCM-A PLANT ARE SUBJECT TO THE NAT'L EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (NESHAP) PROGRAM, 40 CFR PART 61. CIVIL SUIT FOR PENALTIES AND INJUNCTIVE RELIEF IS REQUESTED PURSUANT TO SECTION 113(B) OF THE CLEAN AIR ACT. CAUSE OF ACTION THE NAT'L EMISSION STANDARD FOR VINYL CHLORIDE, 40 CFR 60.61 ET SEQ. WAS PROMULGATED 10/10/76. AMONG OTHER THINGS, THE REGULATIONS LIMIT EMISSIONS FROM EQUIPMENT USED IN VINYL CHLORIDE FORMATION/PURIFICATION TO 10 PPM VINYL CHLROIDE; PROHIBIT DISCHARGE FROM ANY RELIEF VALVE EXCEPT FOR EMERGEN- CIES; REQUIRE REPORTING OF RELIEF VALVE DISCHARGES WITHIN 10 DAYS; AND REQUIRE CONTINUOUS MONITORING OF A CONTROL SYSTEM. SINCE THE VINYL CHLORIDE NESHAP BECAME EFFECTIVE, REGION VI DETERMINED THAT FIVE RELIEF VALVE DISCHARGES WERE PREVENT- ABLE & THEREFORE VIOLATIONS OF 40 CFR 61.65(A); AND ONE DIS- CHARGE INVOLVING A RAIL TANK CAR WAS NOT SUBJECT TO NESHAP. BORDEN FAILED TO REPORT A 1979 DISCHARGE OF 60,000 LBS VINYL CHLORIDE W/IN 10 DAYS AS REQUIRED BY 40 CFR 61.65(A). BORDEN REPORTED THE INCIDENT IN ITS SEPTEMBER 19