THE COMPANY IS IN VIOLATION OF 40 CFR 61.147 WHICH RE- QUIRES THE REMOVAL OF FRIABLE ASBESTOS MATERIALS PRIOR TO ANY WRECKING OR DISMANTLING AND 40 CFR 61.152 WHICH PROHI- BITS THE DISCHARGE OF VISIBLE EMISSIONS TO THE OUTSIDE AIR DURING THE COLLECTION OF ANY ASBESTOS CONTAINING WASTE MA- TERIAL. A LITIGATION REFERRAL PACKAGE FOR VIOLATIONS OF THE CAA, 42 USC S7401, ET SEQ., AND THE NAT'L EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (NESHAPS), 40 CFR PART 61, PROMULGA TED THEREUNDER, SPECIFICALLY SUBPART M, NAT'L EMISSION STAN- DARD FOR ASBESTOS. THIS REFERRAL IS BASED ON INSPECTIONS CONDUCTED BY THE EAS TERN DIST OFFICE OF USEPA. THE INSPECTORS OBSERVED THE CON- STRUCTION CONTRACTOR PERFORMING GUTTING WORK IN THE FACILITY IN PREPARATION FOR AN ASBESTOS CONTRACTOR'S ABATEMENT OF THE FACILITY. THE INSPECTORS OBSERVED THE CONSTRUCTION CONTRAC- TOR WRECK AND DISMANTLE FACILITY COMPONENTS IN A FASHION THAT BROKE UP THE ASBESTOS MATERIALS PRIOR TO REMOVAL OF THE ASBESTOS MATERIALS, THUS IN VIOLATION OF 40 CFR 61.147A. THE INSPECTORS TOOK SAMPLES AND PHOTOGRAPHS AND WROTE AN IN- SPECTION REPORT AS EVIDENCE OF THE VIOLATION. REGION V SEEKS A PERMANENT INJUNCTION AGAINST THE DEFEN- DANT AND A CIVIL PENALTY OF AT LEAST $35,000. A FINDING OF VIOLATION WAS ISSUED TO DEFENDANT ON JULY 29, 1988, AND A SETTLEMENT CONFERENCE WAS