NATURE OF CASE- ACF INDUSTRIES OWNS AND OPERATES A FACILITY IN LONGVIEW, TEXAS THAT APPLIES INTERNAL AND EXTERNAL COAT- ING MATERIALS TO RAILCARS. ACF IS SUBJECT TO TEXAS AIR CON- TROL BOARD (TACB) REGULATION V, SECT. 115.191(9) AND SECT. 115.194, WHICH PROVIDES IN PART THAT BASED ON A DAILY WEIGHTED AVERAGE, VOLATILE ORGANIC COMPOUND (VOC) EMISSIONS FROM A COATING PROCESS CANNOT EXCEED 3.5 POUNDS PER GALLON MINUS WATER OF COATING APPLIED AS AN EXTREME PERFORMANCE COATING. THIS REQUIRED VOC EMISSION LIMITATION MUST HAVE BEEN ACHIEVED BY 12/31/82. ACF INDUSTRIES, BASED ON DATA SUBMITTED TO EPA IN RESPONSE TO A REQUEST FOR INFORMATION UNDER SECTION 114 OF THE CLEAN AIR ACT (ACT), WAS FOUND TO BE EXCEEDING THE VOC EMISSION LIMITATIONS SET FORTH IN THE TEXAS STATE IMPLEMENTATION PLAN (SIP) AND CONSEQUENTLY, EPA ISSUED A NOTICE OF VIOLA- TION (NOV) ON 1/30/84 TO ACF INDUSTRIES. EPA IS AUTHORIZED BY SECTION 113 OF THE ACT TO BRING A CIVIL ACTION FOR VIO- LATION OF AN APPLICABLE SIP MORE THAN 30 DAYS AFTER HAVING BEEN NOTIFIED BY THE ADMINISTRATOR OF THE VIOLATION. A SEC- OND REQUEST FOR INFORMATION UNDER SECTION 114 CONFIRMED THAT THE VIOLATION EXTENDED MORE THAN 30 DAYS AFTER THE NOV. CAUSE OF ACTION- SINCE NOVEMBER 1983, THERE HAS BEEN DOCU- MENTED EVIDENCE THAT ACF HAS BEEN OUT OF COMPLIANCE WITH THE TEXAS SIP CONCERNING VOC EMISSION LIMITATIONS FROM COATING PROCESSES. IN ACF'S RESPONSE TO TWO