THE 730 UMI STREET APARTMENT COMPLEX ( THE FACILITY ), LOCATED IN HONOLULU, HAWAII, IS COMPRISED OF A TWO-STORY BUILDING AND THREE-STORY BUILDING, AND CONTAINS A TOTAL OF TWENTY APARTMENTS. THE FACILITY IS OWNED BY RICHARD W.C. LUM TRUST AND CHEW Y. LUM TRUST. IN AUGUST, 1990, BEN LUM CONSTRUCTION, LTD., A FIRM BELIEVED TO HAVE A FAMILY CONNECTION WITH RICHARD W.C. LUM TRUST AND CHEW Y. LUM TRUST REMOVED APPROXIMATELY 800 SQUARE FEET OF FRIABLE ASBESTOS- CONTAINING MATERIAL ( ACM ) FROM THE CEILINGS IN TWO ONE- BEDROOM APARTMENTS AT THE FACILITY. THE DEFENDANTS FAILED TO GIVE NOTICE OF THIS REMOVAL TO EPA OR THE STATE OF HAWAII. THIS FAILURE IS A VIOLATION OF 40 C.F.R. 61.146. IN ADDITION, AN INSPECTION BY THE STATE OF HAWAII REVEALED THAT THE ASBESTOS WAS REMOVED WITHOUT BEING WETTED AND WAS NOT KEPT WET UNTIL COLLECTED FOR DISPOSAL. THESE REMOVAL PRACTICES ARE VIOLATIONS OF 40 C.F.R. 61.147 (C) AND (E). THE NESHAP PROGRAM HAS NOT BEEN DELEGATED TO THE STATE OF HAWAII.