ABBREVIATED REFERRAL IN UNITED STATES V. CUYAHOGA WRECKING CORPORATION NATURE OF THE CASE AND DESCRIPTION OF DEFENDANT THE CASE INVOLVES A VIOLATION OF THE NATIONAL EMISSION STANDARDS FOR HAZARDOUS POLLUTANTS (NESHAPS) NOTIFICATION REQUIREMENT CONTAINED AT 40 C.F.R. 61.146. CUYAHOGA WRECKING CORPORATION IS AN ILLINOIS CORPORATION ENGAGED IN THE BUSINESS OF DEMOLITION AND RENOVATION. IT IS CURRENTLY WORKING ON A DEMOLITION PROJECT LOCATED AT 10 SOUTH LASALLE STREET, CHICAGO, ILLINOIS, VALUED AT OVER $200,000. ON APRIL 27, 1984, U.S. ENVIRONMENTAL PROTECTION AGENCY (U.S. EPA) INSPECTED THE COMMERCIAL BUILDING LOCATED AT 10 SOUTH LASALLE STREET AND OBSERVED DEMOLITION. THE COMPANY HAD FAILED TO PROVIDE WRITTEN NOTIFICATION TO EITHER U.S. EPA OR ILLINOIS ENVIRONMENTAL PROTECTION AGENCY (IEPA) (TO WHOM ENFORCEMENT ARTHORITY HAS BEEN DELEGATED). ON THE DATE OF INSPECTION, ASBESTOS REMOVAL WAS OBSERVED. THE RE- MOVAL PROCEDURES UTILIZED COMPLIED WITH THE SUBSTANTIVE NESHAP'S STANDARDS. DUE TO INFORMATION SUPPLIED BY THE U.S. EPA INSPECTOR, CUYAHOGA SUBMITTED WRITTEN NOTIFICATION TO IEPA BY LETTER DATED MAY 8, 1984. CAUSE OF ACTION AND STATUTORY BACKGROUND PURSUANT TO THE CLEAN AIR ACT, AS AMENDED, 42 U.S.C. SECTION 7401, ET SEQ., THE ADMINISTRATOR OF U.S. EPA WAS REQUIRED BY SECTION 112 TO PUBLISH A