3001 BAYSHORE ROAD ( THE FACILITY ) IN BENECIA, CALIF. IS A ONE-STORY INDUSTRIAL WAREHOUSE CONTAINING 26,000 SQUARE FEET OF FLOOR-SPACE AND EXTENDING OVER TWO ACRES. LESSEES OF THE FACILITY INITIATED AN ASBESTOS ABATEMENT RENOVATION, A COMPLAINANT, WHO AT THE TIME WAS EMPLOYED BY AN ASBESTOS ABATEMENT COMPANY SITUATED ACROSS THE STREET FROM THE FACILITY, OBSERVED IMPROPER DISPOSAL AND STORAGE OF ASBESTOS MATERIAL. HE PROMPTLY INFORMED THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY OF THESE FACTS AND EPA REFERRED THE INFORMATION TO THE BAY AREA AIR QUALITY MANAGEMENT DISTRICT. BAAQMD INVESTIGATED THE COMPLAINT, AND FINDING THAT THE MAJORITY OF THE ASBESTOS MATERIAL REMOVED WAS TRANSITE BOARD CONSIDERED NON-FRIABLE BY BAAQMD, IT REFERRED THE MATTER BACK TO EPA. AFTER A SERIES OF VISITS TO THE FACILITY AND INTERVIEWS WITH THE LESSEES, EPA DETERMINED THAT THE ASBESTOS MATERIAL IN QUESTION HAD BEEN SO DAMAGED DURING REMOVAL THAT IT HAD BEEN RENDERED FRIABLE. THE VIOLATIONS INVOLVED ARE FAILURE TO NOTIFY EPA OF A RENOVATION, FAILURE TO KEEP ASBESTOS MATERIAL WET PRIOR TO DISPOSAL, AND IMPROPER DISPOSAL OF ASBESTOS MATERIAL. ACCORDINGLY, EPA IS SENDING THIS REPORT TO THE DOJ SO THAT EPA MAY INSTITUTE PRE-REFERRAL SETTLEMENT NEGOTIATION. REGION 9 PLANS TO RESOLVE THIS CASE VIA CONSENT DECREE THAT WILL CALL FOR A PENALTY IN THE RA