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 TO REDRESS NASSAU OIL TERMINAL'S VIOLATIONS OF RCRA REQUIREMENTS THAT APPLY TO MARKETERS OF HAZARDOUS WASTE AND/OR USED OIL BURNED FOR ENERGY RECOVERY. AT THE REQUEST OF REGION II, EPA'S NEIC CONDUCTED INVESTI- GATIONS AT TEN FACILITIES IN NEW YORK AND NEW JERSEY, TO DETERMINE THEIR COMPLIANCE WITH THE WASTE OIL REGULATIONS. THESE INVESTIGATIONS, FOCUSED ON WHETHER THE MARKETING ACTIVITIES OF THESE FACILITIES COMPLIED WITH SUBPARTS D AND E OF 40 C.F.R. PART 266. NASSAU, ALONG WITH TWO ADDITIONAL NEW YORK FACILITIES AND ALL FIVE NEW JERSEY FACILITIES, WAS FOUND TO BE IN VIOLATION OF THE WASTE OIL REGULATIONS. THIS REFERRAL WARRANTS SPECIAL ATTENTION. THE ENVIRONMENTAL CONSEQUENCES OF VIOLATIONS OF PART 266 REGULATIONS ARE POTENTIALLY SERIOUS. NEITHER NASSAU NOR THE PARTIES DOING BUSINESS WITH NASSAU ARE LEGALLY PERMITTED TO HANDLE WASTE OIL CONTAMINATED WITH HAZARDOUS WASTE. SHOULD A SPILL OCCUR, OR SHOULD ANY FACILITY OR OPERATOR HANDLING NASSAU'S TAINTED PRODUCT GO BANKRUPT, THE POTENTIAL HARM TO THE ENVIRONMENT AND HUMAN HEALTH IS ENORMOUS. THE RESULT- ING 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 EQUALL