THIS CASE STEMS FROM AN ONGOING ENFORCEMENT EFFORT BY EPA REGION 9 UNDER CLEAN AIR ACT (THE ACT ) INVOLVING THE REGULATION OF VOLATILE ORGANIC COMPOUNDS ( VOCS ) IN AUTO- MOTIVE PARTS COATINGS IN CALIFORNIA. WHEN EMITTED INTO THE ATMOSPHERE, VOCS REACT WITH OXIDES OF NITROGEN IN SUNLIGHT TO FORM OZONE POLLUTION OR SMOG. THE FEDERALLY-ENFORCEABLE STATE IMPLEMENTATION PLAN ( SIP ) FOR CALIFORNIA INCLUDES SOUTH COAST AIR QUALITY MANAGEMENT DISTRIC ( SCAQMD ) RULE 1115. THIS RULE LIMITS THE VOC CONTENT OF COATINGS WHICH ARE APPLIED TO AUTOMOTIVE PARTS. THE EFFECTIVE DATE FOR THE FINAL AND MOST STRINGENT LIMITS CONTAINED IN RULE 1115 IS JANUARY 1, 1985. THE SCAQMD HAS NOT ATTAINED THE NATIONAL AMBIENT AIR QUALITY STANDARDS ( NAAQS ) FOR OZONE. ON MAY 20, 1988, REGION 9 ISSUED AND INFORMATION DE- MAND PURSUANT TO DETEMINE WHETHER TABC, INC. ( TABC ), WAS COMPLYING ( THE PLANT ). BASED ON THE RESPONSE BY TABC TO THE JULY INFORMATION DEMAND, REGION 9 ISSUED A NOTICE OF VIOLATION ( NOV ) TO TABC. THIS NOV WAS ISSUED ON JULY 28, 1988. ON AUGUST 10, 1988, REGION 9 ISSUED A SECOND INFOR- MATION DEMAND WAS ISSUED TO DETERMINE WHETHER TABC CONTINUED TO VIOLATE RULE 1115 MORE THAN 30 DAYS AFTER RECEIVING THE NOV. IN ADDITION, REGION 9 INSPECTORS TOOK COATINGS SAMPLES AT THE PLANT ON SEPTEMBER 19, 1988. BOTH TABC'S RESPONSE TO THE AUGUST INFORMATION DEMAND AND ANALYSI