THIS PROPOSES THE FILING OF A CIVIL ACTION PURSUANT TO THE CAA/113(B), 42 USC 7413(B), AGAINST BENJAMIN KURZBAN & SON, INC. ( KURZBAN ), FOR VIOLATION OF CAA/112. SECTION 112(C) PROHIBITS EMISSIONS OF HAZARDOUS AIR POLLUTANTS IN EXCESS OF THE STDS PROMULGATED PURSUANT TO 112(B). UNDER CAA/112, EPA HAS PROMULGATED A SERIES OF NESHAPS INCLUDING STDS FOR ASBESTOS EMISSIONS FROM &/OR WORK PRACTICES FOR THOSE WHO ENGAGE IN DEMOLITION AND RENOVATION OPERATIONS. 40 CFR PART 61, SUBPART M. KURZBAN IS A LOCAL CONTRACTOR ENGAGING IN ASBESTOS RE- MOVAL RENOVATIONS IN THE NYC AREA. KURZBAN WAS A SUB- CONTRACTOR ON A FEDERAL SMALL BUSINESS SET ASIDE CONTRACT TO REMOVE ASBESTOS INSULATION AT PART OF THE ELLIS ISLAND NATIONAL MONUMENT RESTORATION. THE GOV'T CONTRACT WAS ISSUED BY THE NATIONAL PARK SERVICE ( NPS ). AN EPA ENGINEER INSPECTED THE SITE WHILE KURZBAN EMPLOY- EES WERE CLEANING UP AFTER THE INSULATION HAD BEEN REMOVED FROM PIPES (CONTRACT DOCUMENTS INDICATED SEVERAL THOUSAND LINEAR FEET) IN THE POWER HOUSE AREA OF THE FACILITY. HE DESCRIBES THE AREA AS BEING VERY DUSTY WITH LARGE AMOUNTS OF DRY INSULATION ON THE FLOOR & ALREADY IN BAGS. HE TOOK A SAMPLE OF SOME OF THE LOOSE MATERIAL ON THE FLOOR WHICH WAS ANALYZED AND FOUND TO CONTAIN 25% TO 40% ASBESTOS AS DEFINED BY THE NESHAPS ASBESTOS REGULATIONS. AT THIS TIME, REGION II BELIEVES THA