CASE INVOLVES THREE COUNTS ALLEGING RESPONDENT FAILED TO MAKE A HAZARDOUS WASTE DETERMINATION FOR THE SOLID WASTE IT GENERATED, I.E. POLY AMIDE-IMIDE POLYMER, POLYSTYRENE POUR-POINT DEPRESSANT SLUDGE AND CELLULOSE XANTHATE. RHO CHEMICAL FAILED TO MAKE HW DETERMINATIONS ON APPROX- MATELY 40 DETERIORATED DRUMS OF WASTE. DRUMS WERE DIS- COVERED BY EPA DURING A FEBRUARY 4, 1999 INSPECTION. SINCE SEVERAL OF THE DRUMS WERE ALTIMATELY DETERMINED TO BE HAZARDOUS WASTE, RCRA CLOSURE OF THE DRUM STORAGE AREAS WAS ALSO INCLUDED IN THE CAFO.