VIOLATION OF THE ASBESTOS NESHAP REGULATIONS DURING RENOVATION OF APARTMENT COMPLEX. NO NOTIFICATION TO CHATTANOOGA-HAMILTON COUNTY AIR POLLUTION CONTROL DISTRICT; DRY FRIABLE ASBESTOS LEFT ON SITE. DEFEDNANTS ARE PREVIOUS OWNER, MR. PRYOR E. BACON, JR., AND PREVIOUS MANAGEMENT COMPANY, PRYOR BACON COMPANY, INC. CURRENT OWNER SETTLED IN AN ADMINISTRATIVE ACTION. SEEK CIVIL PENALTY. SITE WAS LATER CLEANED UP, SO NO INJUNCTIVE RELIEF IS SOUGHT. CASE WAS PRE-REFERRAL IN 1993. ORIGINAL PENALTY CALCULATED OVER $1M, BUT BACON ARGUED ABILITY TO PAY. ABEL INDICATED PENALTY ABOUT $20,000, BUT DOJ WANTED MORE THOROUGH FINANCIAL ANALYSIS. AFTER REVIEWING LAST FIVE TAX YEARS FOR MR. BACON AND PBC, DOJ BELIEVED BACON COULD PAY MORE (HIGH FIVE- OR LOW SIX-FIGURE PENALTY). DOJ RECOMMENDED DOING DIRECT REFERRAL TO THEM.