THIS REFERRAL IS PURSUANT TO SECTION 3008(A) AND (G) OF RCRA, 42 U.S.C. SECTIOON 6928(A) AND (G), FOR INJUNCTIVE RELIEF AND CIVIL PENALTIES. AT THE REQUEST OF REGION II, EPA'S NEIC CONDUCTED IN- VESTIGATIONS AT TEN FACILITIES IN NEW YORK AND NEW JERSEY, TO DETERMINE THEIR COMPLIANCE W/THE WASTE OIL REGULATIONS. IN THIS CASE, NEIC ANALYSIS OF THE SAMPLES COLLECTED AT DEFENDANT'S FACILITY LOCATED IN QUEENS, NEW YORK, REVEALED THE PRESENCE OF TOTAL HALOGENS AT LEVELS WELL OVER 1,000 PPM IN FIVE OF THE SIX TANKS, TRUCKS, AND RACK SAMPLED. THESE SAMPLING RESULTS MEAN THAT DEFENDANT WAS SUBJECT TO 40 C.F.R PART 266, SUBPARTS D, AND RCRA SUBTITLE C REQUIREMENTS. THE THE ENVIRONMENTAL CONSEQUENCES OF VIOLATIONS OF PART 266 REG'S ARE POTENTIALLY SERIOUS. NEITHER J.B. NOR THE PARTIES DOING BUSINESS WITH J.B. ARE LEGALLY PERMITTED TO HANDLE WASTE OIL CONTAMINATED WITH HAZARDOUS WASTE. SHOULD A SPILL OCCUR, OR SHOULD ANY FACILITY OR OPERATOR HANDLING J.B.'S TAINTED PRODUCT GO BANKRUPT, THE POTENTIAL HARM TO THE ENVIRONMENT AND HUMAN HEALTH IS ENORMOUS. THE RESULTING CLEANUP WOULD LIKELY BECOME THE BURDEN OF FEDERAL, STATE AND/OR LOCAL AGENCIES, AND THE TAX PAYER. SIMILARLY, THE POTENTIAL DANGERS RESULTING FROM THE BURN- ING OF THIS TAINTED PRODUCT ARE EQUALLY GRAVE. OPERATORS AND FACILITIES DOING BUSINESS WITH J.B. EXPECT TO RECEIVE AN OFF-SPECIFICATION USED OIL. THESE OPE