CASE SUMMARY A. DESCRIPTION OF FACILITY THE CITY OF PAINESVILLE IS A MUNICIPAL CORPORATION WHICH OWNS AND OPERATES AN ELECTRIC PLANT KNOWN AS THE PAINESVILLE MUNICIPAL LIGHT PLANT, HAVING AN INSTALLED CAPACITY OF 63 MEGAWATTS. THERE ARE 5 COAL-FIRED BOIILERS AT THE PLANT. AT ISSUE IN THIS CASE IS BOILER NO.5 WHICH HAS A MAXIMUM RATED CAPACITY OF 276.4 MILLION BTU/HR. ALTHOUGH BOILER NO.5 HAS BEEN EQUIPPED WITH THE BEST AVAILABLE CONTROL EQUIPMENT FOR CONTROL OF PARTICULATE MATTER EMISSIONS, NO CONTROL EQUIPMENT HAS BEEN INSTALLED TO CONTROL SO2 EMISSIONS. B. VIOLATIVE CONDUCT ON JUNE 18, 1978, THE U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF OHIO, EASTERN DIVISION, FOUND FOR THE UNITED STATES IN A MOTION FOR SUMMARY JUDGMENT REGARDING PAINES- VILLE'S LIABILITY. THE COURT FOUND THAT BOILER NO.5 WAS SUBJECT TO NSPS AND ENJOINED IT FROM OPERATING IN VIOLATION OF THE STANDARDS. ALTHOUGH PAINESVILLE HAS ATTEMPTED TO LIMIT THE COAL FEED SYSTEM OF THE BOILER IN ORDER TO REDUCE ITS CAPACITY TO LESS THAN 250 MILLION BTU/HR, U.S. EPA BELIEVES THE APPROACH IS NOT PERMANENT IN NATURE AND THAT THE SOURCE CONTINUES TO BE SUBJECT TO NSPS. ENGINEERING CALCULATIONS INDICATE THAT BOILER NO.5'S SULFUR DIOXIDE EMISSIONS EXCEED 1.2 LB/MILLION BTU HEAT INPUT.