NATURE OF THE CASE THIS IS A PROPOSED ACTION FOR A CIVIL PENALTY & PERMANENT INJUNCTION AGAINST ALCAN FOIL PRODS, A DIVISION OF ALCAN ALUMINUM CORP, FOR VIOLATIONS OF THE KEN- TUCKY SIP PURSUANT TO SECTION 113(B)(2) OF THE CAA. SINCE 18 JAN 85, DEFENDANT HAS FAILED TO USE REASONABLY A- VAILABLE CONTROL TECHNOLOGY ON SEVEN LAMINATOR/COATER/PRINT- ER MACHINES & ON TWO COATER/PRINTER MACHINES. M RELIEF REQUESTED THE RELIEF REQUESTED CONSISTS OF AN IN- JUNCTION REQUIRING DEFENDANT TO COMPLY W/ALL APPLICABLE RE- QUIREMENTS OF THE KENTUCKY SIP, & A CIVIL PENALTY IN THE A- MOUNT OF $222,000. SIGNIFICANT LEGAL OR FACTUAL ISSUES INCLUDE EQUITABLE DE- FENSES THAT DEFENDANT MIGHT NOTBE IN VIOLATION OF THE KEN- TUCKY SIP, AS THE LOCAL AIR POLLUTION CONTROL DISTRICT HAD SUBMITTED AN EMISSION TRADING SCHEME (BUBBLE) TO EPA AS A SIP REVISION.