BORDEN CHEMICAL, A DIVISION OF BORDEN, INC., OPERATES A VINYL CHLORIDE MONOMER FACILITY AT GEISMAR, LOUISIANA KNOWN AS THE VCM-E PLANT. BORDEN ALSO OWNS AN ADJACENT VINYL CHLORIDE FACILITY, THE VCM-A PLANT, WHICH WAS THE SUBJECT OF A SEPARATE REFERRAL. EMISSIONS FROM THE VCM-E PLANT ARE SUBJECT TO THE NATIONAL 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. THE NATIONAL EMISSION STANDARD FOR VINYL CHLORIDE, 40 CFR 61.60 ET SEQ. WAS PROMULGATED OCTOBER 21, 1976. AMONG OTHER THINGS, THE REGULATIONS PROHIBIT DISCHARGE FROM ANY RELIEF VALVE EXCEPT FOR EMERGENCIES, AND REQUIRE REPORTING OF RELIEF VALVE DISCHARGES WITHIN TEN DAYS. SINCE THE VINYL CHLORIDE NESHAP BECAME EFFECTIVE, BORDEN HAS REPORTED FORTY ONE DISCHARGES TOTALING 23,978 POUNDS OF VINYL CHLORIDE FROM THE VCM-E PLANT. REGION VI HAS DETERMINED THAT ALL FORTY ONE DISCHARGES WERE PREVENTABLE AND, THEREFORE, VIOLATIONS OF 40 CFR 61.65(A) UNDER CONDITIONS OF PREVENTABLE EQUIPMENT MALFUNCTION AND PREVENTABLE OPERATOR ERROR. BORDEN FAILED TO REPORT 18 DISCHARGES OCCURRING IN 1977, 1978, 1979, AND 1980 WITHIN 10 DAYS OF EACH DISCHARGE, A VIOLATION OF 40 CFR 61.65(A). BORDEN FIRST NOTIFIED THE AGENCY OF THESE DIS- CHARGES IN ITS SEPTEMBER 1982 RESPONSE TO EPA'S SECTION 114 LETTER. ONE DISCHARGE, REPORTED JANUARY