NATURE OF THE CASE ALLIED CHEMICAL OWNED AND OPERATED THE BATON ROUGE EDC/VCM FACILITY UNTIL SEPTEMBER 14, 1978, AT WHICH TIME THE PLANT WAS SOLD TO ICI AMERICAS, INC. THE PLANT WAS THEN SOLD ON JANUARY 1, 1981, BY ICI TO FORMOSA PLASTICS CORPORATION LOUISIANA, WHICH IS THE PRESENT OWNER OF THE PLANT. FROM AUGUST 12, 1978, TO THE PRESENT DATE, 23 DIS- CHARGES HAVE BEEN REPORTED AS EMERGENCIES FOR A TOTAL OF MORE THAN 47,080 POUNDS OF VC FROM THE EDC/VCM PLANT. ONE DISCHARGE OCCURRED WHILE UNDER ALLIED'S OWNERSHIP, 15 WHILE UNDER ICI'S OWNERSHIP, AND 7 UNDER FORMOSA'S OWNERSHIP. EMISSIONS FROM THE EDC/VCM FACILITY ARE SUBJECT TO THE NATIONAL EMISSIONS STANDARDS FOR HAZARDOUS AIR POLLUTANTS (NESHAP), 40 CFR PART 61. CIVIL SUIT FOR PENALTIES AND IN- JUNCTIVE RELIEF AGAINST THE PRESENT OWNER FORMOSA AND FOR PENALTIES ONLY AGAINST THE FORMER OWNER ICI IS REQUESTED PURSUANT TO SECTION 113(B)(3) OF THE CLEAN AIR ACT. CAUSE OF ACTION THE NATIONAL EMISSION STANDARD FOR VINYL CHLORIDE, 40 CFR 61.60 ET SEQ. WAS PROMULGATED OCTOBER 21, 1976. AMONG OTHER THINGS, THE REGULATIONS PROHIBIT VINYL CHLORIDE (VC) DISCHARGES FROM ANY RELIEF VALVE IN VC SERVICE EXCEPT FOR EMERGENCIES; REQUIRE REPORTING OF RELIEF VALVE DISCHARGES WITHIN 10 DAYS; LIMIT VC EMISSIONS FROM EQUIPMENT USED IN EDC PURIFICATION AND IN VC FORMATION A