ON OCTOBER 27, 1987 A LOCAL FIRE MARSHALL NOTIFIED EPA REGION II THAT THE SUFFOLK COUNTY HEALTH DEPT HAD STOPPED A DRY REMOVAL BEING DONE TO A BOILER INSULATED WITH ASBESTOS CONTAINING MATERIAL, AT THE TUSCAN DAIRY IN LINDENHURST ON LONG ISLAND. NO LICENSED ASBESTOS REMOVAL CONTRACTOR HAD BEEN EMPLOYED AT THAT TIME BY EITHER AVERSA BROTHERS OR TUSCAN DAIRY. ON 11/28/87, AN EPA INSPECTOR VISITED THE SITE. THE CLAIM MADE AT THE TIME OF THE INSPECTION WAS THAT THE ORIGINAL CONTRACTOR AND THE DIARY WERE UNAWARE OF THE REGULATORY REQUIREMENTS AT THE TIME OF THE BOILERS BEING CHANGED OVER. DEFENDANTS HAVE VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 61.146. THEY HAVE VIOLATED THE PROCEDURES FOR ASB EMISSION CONTROL AT 61.147(C) & (E) (I) BY FAILING TO ADEQU- ATELY WET THE FRIABLE ASB BEFORE IT WAS REMOVED FROM THE BOILER AND BY FAILING TO ADEQUATELY WET THE FRIABLE ASB TO ENSURE THAT IT REMAINED WET UNTIL COLLECTED FOR DISPOSAL. THEY HAVE ALSO VIOLATED 61.152(B) BY DISCHARGING VISIBLE EMISSIONS TO THE OUTSIDE AIR, FAILING TO SEAL ALL FRIABLE ASB INTO LEAKTIGHT CONTAINERS WHILE WET, AND FAILING TO PROPERLY LABEL THOSE CONTAINERS. EPA REGION II WAS THE FIRST AGENCY WITH ENFORCEMENT AUTHORITY TO BE NOTIFIED OF THE RENOVATION INVOLVING THE REMOVAL OF FRIABLE ASBESTOS. BECAUSE OF THE DANGEROUS NATURE OF THE POLLUTANT AND THE IMMEDI