CONCLUSIONS OF LAW 1-3

1. Respondents, L.G. Kienast Utility Construction and Lu Vern G. Kienast, are each a "person" as that term is defined by § 302(e) of the Act, 42 U.S.C. § 7602(e).

2. Respondents are each an "owner or operator of a demolition or renovation activity" as defined at 40 C.F.R. § 61.141.

3. The Hudson facility is a "facility" as defined at 40 C.F.R. § 61.141.