*****FACILITY******* EMPIRE ACE INSULATION MANUFACTURING CORP. 1 COZINE AVEUNE BROOKLYN, NEW YORK 11207 ******************** FOR CASE SETTLEMENTS ONLY, DOES SETTLEMENT INCLUDE A POLLUTION PREVENTION PROVISION? NO ******************** THE STATUES AND REGULATIONS WHICH ARE THE BASIS FOR THE PROP OSED ACTION. THIS ACTION WILL BE BASED ON SECTION 16(A) (4) OF THE TOXIC SUBSTANCES CONTROL ACT, 15 U.S.C. SECTION 2615 (A) (4). THE VIOLATIONS UPON WHICH THE ACTION IS BASED. DEFENDANT, AN IMPORTER AND PRIMARY PROCESSOR OF ASBESTOS FOR ASBESTOS INSULATION, WAS REQUIRED TO REPORT ASBESTOS IMPORT AND PROCESS ACTIVITIES TO EPA BY SUBMITTING EPA FORM 7710-36 ON OR BEFORE NOVEMBER 28, 1982. DEFENDANT FAILED TO SUBMIT EPA FORM 7710-36. CONSEQUENTLY, EPA FILED A COMPLAINT AND NOTICE OF OPPORTUNITY FOR HEARING, DOCKET NO. TSCA-ASB-8A-85-0216, AGAINST DEFENDANT. AN ADMINISTRATIVE HEARING WAS HELD. THE ADMINISTRATIVE LAW JUDGE FOUND FOR COMPLAINANT IN THE INITIAL DECISION AND ASSESSED A CIVIL PENALTY OF $15,000. DEFENDANT APPEALED THE INITITAL DECISION TO THE ADMINISTRATOR. THE CHIEF JUDICIAL OFFICER OF EPA AFFIRMED THE ADMINIST