THIS REFERRAL IS PURSUANT TO SECTION 3008(A) AND (G) OF RCRA, 42 U.S.C. SECTION 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 WITH THE WASTE OIL REG'S. THESE INVESTIGATIONS, FOCUSED ON WHETHER THE MARKETING ACTIVITIES OF THESE FACILITIES COMPLIED WITH SUBPARTS D AND E OF 40 C.F.R. PART 266. BCF, WAS FOUND TO BE IN VIOLATION OF THE WASTE OIL REGULATIONS. IN THIS CASE, NEIC ANALYSIS OF THE SAMPLES COLLECTED AT BCF'S FACILITY LOCATED IN BROOKLYN, N.Y., REVALED THE PRE- SENCE OF TOTAL HALOGENS AT LEVELS WELL OVER 1,000 PPM OM SIX OF THE EIGHT TANKS AND TRUCKS SAMPLED. THESE SAMPLING RE- SULTS MEAN THAT BCF WAS SUBJECT TO 40 C.F.R. PART 266, SUB- PART D, AND RCRA SUBTITLE C REQUIREMENTS. THE ENVIRONMENTAL CONSEQUENCES OF VIOLATIONS OF PART 266 REG'S ARE POTENTIALLY SERIOUS. IF, AS THE DEFENDANT CLAIMS, IT IS MARKETING ITS PRODUCT OIL AS MEETING THE SPECIFI- CATIONS FOR USED OIL, THEN SUCH OIL MAY BE MARKETED TO BURNERS SUCH AS RESIDENTIAL BUILDINGS. THESE BUILDINGS MAY BURN THE OIL FOR HEAT IN COLD WEATHER, IF THE OIL IS IN FACT OFF-SPECIFICATION, OR HAZARDOUS WASTE FUEL, THE RESI- DENTS OF THE BUILDING, AND THE PEOPLE IN THE SURROUNDING AREA, MAY BREATHE UNHEALTHY, AND POSSI