THE STATUTE AND REGULATIONS WHICH ARE THE BASIS FOR THE PROPOSED ACTION. SECTION 112 OF THE CLEAN AIR ACT, 42 U.S.C SECTION 7412 SECTION 113 OF THE CLEAN AIR ACT, 42 U.S.C. SECTION 7413 40 CFR PART 61, SUBPART M (61.140 ET. SEQ.) BIG APPLE WRECKING CORP. LEON D. DEMATTEIS CONSTRUCTION 748 BRUSH AVE 820 ELMONT ROAD BRONX, N.Y. ELMONT, N.Y. THE VIOLATIONS UPON WHICH THE ACTION IS BASED. NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS ( NESHAP ) FOR ASBESTOS WERE VIOLATED BY FAILURE TO COMPLY WITH NOTICE REQUIREMENTS, REMOVAL PROCEDURES, AND DISPOSAL REQUIREMENTS. SPECIFICALLY, ON MARCH 9, 1988, THE DEF'S WERE DEMOLISHING A BUILDING WITHOUT HAVING NOTIFIED EPA, IN VIOLATION OF 40 CFR SECTION 61.146 AND WITHOUT HAVING ALL FRIABLE ASBESTOS MATERIALS REMOVED FROM THE FACILITY, IN VIOLATION OF 40 CFR 61.147(A). IN ADDITION, THE DEF'S FAILED TO ADEQUATELY WET THE FRIABLE ASBESTOS MATERIALS WHEN THEY WERE BEING STRIPPED FROM FACILITY COMPONENTS BEFORE THE MEMBERS WERE REMOVED FROM THE FACILITY, IN VIOLATION OF 40 CFR 61.147(C), AND DID NOT ENSURE THAT THEY WERE COLLEC- TED FOR DISPOSAL, IN VIOLATION OF 40 CFR 61.147(E) (1). THE DEF'S ALSO DISCHARGED VISIBLE EMISSIONS TO THE OUTSIDE AIR DURING THE COLLECTION OF ASBESTOS CONTAINING MATERIAL, IN VIOLATION OF 40 CFR 61.152(B). MARCH 11, 1988, EPA SENT BIG APPLE A