THIS CASE STEMS FROM AN ENFORCEMENT INITIATIVE UNDER THE CLEAN AIR ACT ( THE ACT ) BY EPA REGION 9 INVOLVING THE REGULATION OF ARCHITECTURAL COATINGS (MOSTLY HOUSE PAINTS). THE FEDERALLY ENFORCEABLE STATE IMPLEMENTATION PLAN ( SIP ) FOR CALIFORNIA CONTAINS RULES WHICH PROHIBIT THE SALE OR USE OF NON-FLAT, NON-SPECIALLY ARCHITECTURAL COATINGS WITH A SOLVENT CONTENT IN EXCESS OF 250 GRAMS PER LITER. SOLVENT ARE VOLATILE ORGANIC COMPOUNDS ( VOCS ) WHICH, WHEN EMITTED TO THE ATMOSPHERE, REACT IN SUNLIGHT TO FORM OZONE POLLU- TION. THESE RULES APPLY TO COATINGS MANUFACTURED AFTER SEPTEMBER 2, 1985, IN THE SOUTH COAST AIR QUALITY MANAGE- MENT DISTRICT ( SCAQMD ) AND TO COATINGS MANUFACTURED AFTER SEPTEMBER 1, 1986, IN MOST OF THE REST OF CALIFORNIA. IN MAY, 1987, REGION 9 SENT INFORMATION DEMANDS, PURSUANT TO SECTION 114 OF THE ACT, 42 U.S.C. 7414, TO APPROXIMATELY 65 COATINGS MANUFACTURERS WHO MARKET COATINGS IN CALIFORNIA. EVR-GARD COATINGS COMPANY ( EVR-GARD ) WAS AMONG THESE MANUFACTURERS. EVR-GARD RECEIVED THE INFORMATION DEMAND BUT FAILED TO RESPOND WITH ANY INFORMATION. IN JUNE, 1987, REGION 9 ISSUED NOTICES OF VIOLATION ( NOVS ) TO APPROXIMATELY 40 OF THE ORIGINAL 65 COATINGS MANUFACTURERS. DESIPTE ITS FAILURE TO ADEQUATELY RESPOND TO THE MAY INFORMATION DEMAND, EVR-GARD WAS AMONG THESE MANUFACTURERS BECUASE REGION 9 HAD GATHERED FIELD DATA SUFFICIENT TO ISSUE AN NOV.