1. SECTION 113(D) OF THE CLEAN AIR ACT ( CAA ), AS AMENDED, 42 U.S.C. SEC. 7413(D). 2. SHELL OIL COMPANY KIMMINS ABATEMENT CORPORATION S & B ENGINEERS & CONSTRUCTORS PARSONS SIP INC. SHELL REFINERY (FACILITY) DEER PARK, TEXAS 3. RESPONDENTS VIOLATED SECTION 112 OF THE CAA BY 1) FAILING TO PROVIDE ADVANCE NOTIFICATION OF ASBESTOS REMOVAL, 2) FAILING TO ENSURE THAT STRIPPED OR REMOVED ABESTOS CON- TAINING MATERIALS REMAINS WET UNTIL COLLECTED AND CON- TAINED OR TREATED FOR DISPOSAL, AND 3) FAILING TO MARK VEHICLES USED TO TRANSPORT ASBESTOS-CONTAINING WASTE MA- TERIAL DURING THE LOADING AND UNLOADING SO THAT THE SIGNS ARE VISIBLE. 4. RELIEF SOUGHT PURSUANT TO SECTION 113(D) OF THE CAA, EPA PROPOSES A PENALTY OF $90,000.00. 5. THIS CASE IS UNIQUE IN THAT IT INVOLVES THE EXCAVATION OF ASBESTOS THAT WAS BURIED LONG AGO. SHELL AND ITS CONTRAC- TORS WILL ARGUE THAT THE ASBESTOS NESHAP IS NOT APPLIC- ABLE TO THIS ACTIVITY. REGIONAL COUNSEL DETERMINED THAT THIS ACTIVITY WAS SUBJECT PER MEMO OF JUN. 14, 1993. IN ADDITION, THIS ISSUE WAS CLEARLY NOTED IN THE REFERRAL PACKAGE TO DOJ. THE REFERRAL WAS