THE NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS ( NESHAP ) FOR ASBESTOS WERE VIOLATED BY FAILURE TO COMPLY WITH NOTICE REQUIREMENTS AND REMOVAL PROCEDURES. IN JULY AND AUGUST 1990 THE DEFENDANTS CAUSED THE DEMOLITION OF 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 SECTION 61.147A. THE DEFENDANTS ALSO DID NOT EN- SURE THAT THE REMOVED FRIABLE ASBESTOS MATERIALS REMAINED ADEQUATELY WET UNTIL THEY WERE COLLECTED FOR DISPOSAL, IN VIOLATION OF 40 CFR SECTION 61.147E. IN ADDITION THE DEFENDANTS DISCHARGED EMISSIONS TO THE OUTSIDE AIR DURING THE COLLECTION OF THE ASBESTOS-CONTAIN- ING WASTE MATERIAL. ON 8/3/90 EPA ISSUED COMPLIANCE ORDERS TO TRUPOS PROPERTIES AND JOEY'S EXCAVATING. THE ORDERS REQUIRED DEFENDANTS TO PERFORM SPECIFIC TASKS, INCLUDING A CLEANUP OF THE SITE IN ACCORDANCE WITH A PLAN SUBMITTED BY THE DEFENDANTS. ALTHOUGH THE SITE WAS EVENTUALLY CLEANED UP, THE DEFENDANTS DID NOT IMMEDIATELY COMPLY WITH THE ORDERS AND THE CLEANUP PLAN. VIGOROUS MONITORING BY EPA WAS REQUIRED TO ENSURE COMPLIANCE WITH THE ORDERS AND THE ASBESTOS NESHAP. THE PROPOSED RELIEF TO BE SOUGHT IS INJUNCTIVE RELIEF DIRECTING THE DEFENDANT TO COMPLY WITH