NATURE OF THE CASE KANSAS CITY POWER AND LIGHT (KCP&L) OWNS A GENERATING STATION IN WICHITA, KANSAS. SINCE NOVEMBER 1982, A CON- TRACTOR HAS BEEN REFURBISHING A BOILER AT THIS FACILITY. THE RENOVATION HAS INVOLVED THE REMOVAL OF MATERIAL CONTAIN- ING FRIABLE ASBESTOS. CAUSE OF ACTION THE RENOVATION OPERATION IS SUBJECT TO THE NATIONAL EMISSION STANDARD FOR ASBESTOS. 40 CFR SECTION 61.22(D)(2) REQUIRES THE OWNER OF A RENOVATION SITE TO NOTIFY EPA IN ADVANCE OF BEGINNING OPERATIONS IF ASBESTOS IS PRESENT. KCP&L FAILED TO COMPLY WITH THIS REQUIREMENT. IN ADDITION, 40 CFR SECTION 61.22(D)(4)(II) REQUIRES THAT ASBESTOS ON PIPES BE ADEQUATELY WETTED DURING STRIPPING. AN EMPLOYEE AT THE PLANT HAS INFORMED THE AGENCY THAT IN- SULATION CONTAINING ASBESTOS HAS BEEN STRIPPED FROM PIPES DRY, IN VIOLATION OF THIS REQUIREMENT. ALTHOUGH EPA IN- SPECTORS DID NOT OBSERVE RENOVATION IN PROGRESS, THE AGENCY MAY BE ABLE TO CALL THE EMPLOYEE AS A WITNESS. PROPOSED REMEDY REGION VII IS RECOMMENDING THAT THE AGENCY SEEK IN- JUNCTIVE RELIEF REQUIRING KCP&L TO COMPLY WITH THE NOTIFICA- TION REQUIREMENTS IN FUTURE DEMOLITIONS AND RENOVATIONS, AND A CIVIL PENALTY FOR THE VIOLATION AT THIS FACILITY. IN ADDITION, THE REGION INTENDS TO PURSUE