THIS IS AN ADMINISTRATIVE ENFORCEMENT ACTION UNDER SECTION 3008 OF RCRA. THE EPA ALLEGES THAT MC COOK LEAD SUPPLY, INC. OPERATED A SECONDARY LEAD SMELTER IN VIOLATION OF A NUMBER OF RCRA REGULATIONS. THE AGENCY ALLEGES THAT MC COOK STORED LEAD FLUE DUST (K069) IN A WASTE PILE. WE HAVE PRO- POSED A PENALTY OF $62,750. THE COMPANY ARGUES THAT THE WASTE MATERIAL IS NOT A SOLID WASTE UNDER THE RCRA DEFINIT IINITION, AND THEREFORE CANNOT BE A HAZARDOUS WASTE UNDER RCRA. THE MAIN ISSUE SEEMS TO BE WHETHER MC COOK'S MATERIAL FALLS WITHIN ONE OF THE EXEMPTIONS FROM THE RCRA DEFINITION OF SOLID WASTE.