NATURE OF THE CASE KEWAUNEE PRIMARILY MANUFACTURES LABORATORY EQUIPMENT AND FURNITURE, AMONG THESE FUME HOODS, LABORATORY FURNITURE AND OTHER ITEMS USING ASBESTOS. DUST GENERATED DURING FABRICATION OF THESE ITEMS IS VENTED TO CONTROL DEVICES AND COLLECTED IN BARRELS. NUMEROUS INSPECTIONS AT THE FACILITY HAVE RESULTED IN OBSERVATIONS OF VISIBLE EMISSIONS DURING THE CHANGING OF THE BARRELS, WHICH ARE VIOLATIONS OF THE NESHAP'S REGULATIONS. AN ATTEMPT BY U.S. EPA TO RESOLVE THE CASE THROUGH USE OF AN ADMINISTRATIVE ORDER FAILED, RESULT- ING IN THIS REFERRAL. CAUSE OF ACTION KEWAUNEE'S OBSERVED VISIBLE EMISSIONS VIOLATE 40 C.F.R. 61.22(J), WHICH PROHIBITS VISIBLE EMISSIONS DURING THE TRANSPORT OR HANDLING OF WASTE MATERIAL GENERATED BY FABRI- CATION USING ASBESTOS. THIS REGULATION IS ENFORCEABLE AS A VIOLATION OF THE CLEAN AIR ACT BY VIRTUE OF SECTION 112(C) OF THE ACT. U.S. EPA WOULD SEEK IMMEDIATE COMPLIANCE AND PENALTIES UP TO $25,000 PER DAY UNDER SECTION 113(B) OF THE ACT. PROPOSED REMEDY TO ACHIEVE COMPLIANCE WITH THE ASBESTOS NESHAP'S, KEWAUNEE COULD ENCLOSE ITS WASTE HANDLING AREAS, OR MODIFY OR REPLACE ITS WASTE HANDLING SYSTEM AND PROCEDURES. IN ADDITION, REGION V RECOMMENDS A PENALTY