NATURE OF CASE THIS IS A CIVIL ACTION AGAINST A DEMOLITION COMPANY AND THE OWNER OF A COPPER SMELTER IN THE STATE OF MONTANA. THE ACTION IS PURSUANT TO SECTION 113(B) OF THE CLEAN AIR ACT, 42 U.S.C. SECTION 7413(B), AND SEEKS PENALTIES AND INJUNCTIVE RELIEF FOR FAILURE TO COMPLY WITH PROVISIONS OF THE NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS (NESHAP) FOR ASBESTOS, 40 C.F.R. SUBPART M, SECTION 61.140 ET SEQ., DURING THE DEMOLITION OF THE ANACONDA COPPER SMELTER IN ANACONDA, MONTANA. CAUSE OF ACTION THIS ACTION ALLEGES THAT THE DEFENDANT CLEVELAND WRECKING COMPANY(CLEVELAND WRECKING) REMOVED ASBESTOS FROM SEVERAL STRUCTURES AT THE ANACONDA COPPER SMELTER WITHOUT ADEQUATE WETTING AND WITHOUT PROPER DISPOSAL OF ASBESTOS WASTE. THE SMELTER CONTAINED MORE THAN 160 SQUARE FEET OF FRIABLE ASBESTOS MATERIAL, AS SPECIFIED IN 40 C.F.R., SUBPART M, SECTION 61.1 45(A). THE ACTION ALLEGES THAT THE WORK PRACTICES REQUIRE- MENTS OF THE NESHAP REGULATIONS ARE THEREFORE APPLICABLE TO THE DEMOLITION AND THAT DEFENDANT CLEVELAND WRECKING, AND DEFENDANT ATLANTIC RICHFIELD COMPANY AS OWNER OF THE SMELTER, FAILED TO COMPLY WITH THE EMISSION CONTROL REQUIREMENTS SPECIFIED IN 40 C.F.R. SECTIONS 61.147 AND 61.152. THE DEMOLITI