GULF STATES STEEL, INC. (GSS), LOCATED IN GADSDEN, ALABAMA, IS THE SECOND LARGEST STEEL MILL IN THE SOUTHEAST. FOUNDED IN 1904 AND FORMERLY KNOWN AS REPUBLIC STEEL, THE FACILITY CONSISTS OF APPROXIMATELY 160 CONTIGUOUS UNOCCUPIED ACRES. THE PRINCIPAL CLAIM WHICH SERVES AS THE BASIS FOR THE PROPOSED ACTION IS CONTINUED OPERATION OF A RCRA-REGULATED UNIT WITHOUT A PERMIT OR INTERIM STATUS. WITH THE SEPTEMBER 25, 1990 EFFECTIVE DATE OF THE TOXICITY CHARACTERISTIC LEACHING PROCEDURE (HEREINAFTER TC) RULE, GSS BECAME SUBJECT TO RCRA FOR ITS TREATMENT, STORAGE OR DIPOSAL OF D018, SPECIFICALLY WASTE WATER WHICH FAILED THE TC FOR BENZENE. THE ABOVE-DESCRIBED DISCHARGE OF D018 FROM THE COKE WASTE WATER TREATMENT PLANT INTO THE UNLINED DITCH IS A REGULATED ACTIVITY UNDER RCRA. THE COMPANY TIMELY SUBMITTED ITS PART A PERMIT APPLICATION AND SECTION 3010 NOTIFICATION FOR AN UNLINED WASTE WATER SURFACE IMPOUNDMENT ON SEPTEMBER 25, 1990, THEREBY ACHIEVING INTERIM STATUS ON THAT DATE FOR THE UNIT DESIGNATED IN THE SUBMITTALS. THE COMPANY TIMELY SUBMITTED A PART B PERMIT APPLICATION AND A GROUNDWATER MONITORING CERTIFICATION, BUT FAILED TO INCLUDE THE CERTIFICATION OF COMPLIANCE WITH THE FINANCIAL REQUIREMENTS SET FORTH AT 40 C.F.R. PART 265, SUBPART H