On October 4, 2012, EPA Region 6 issued a Consent Agreement and Final Order (CAFO) under its authority pursuant to the Resource Conservation Recovery Act to U.S. Ecology and TD*X Associates, L.P., located in Robstown, Texas. The CAFO was issued in response to 3 counts of violations of 30 T.A.C. ? 335.43(a) [40 C.F.R. ? 270.1(b)], processing hazardous waste without a permit or interim status; and 1 count of violations of 30 T.A.C. ? 335.43(a) [40 C.F.R. ? 270.1(b)], storing hazardous waste without a permit or interim status. The CAFO requires U.S. Ecology and TD*X to pay a total penalty of $788,120. In addition, they must conduct a Compliance Determination Test and reconfigure the Thermal Desorption Unit, install a Thermal Oxidizer, meet interim and final operating parameters and obtain a RCRA Subpart X permit from TCEQ. The CAFO was amended to modify paragraph 69.A.7 to address the fact that certain operating parameters of the thermal desorption unit may oscillate beyond the limits established in Table A of the CAFO.