THIS SUIT SHOULD BE INSTITUTED PURSUANT TO SECTION 3008 (A)(2) OF RCRA, AS AMENDED, 42 U.S.C. SECTION 6928(A)(2), WHICH PROVIDES THAT EPA AFTER GIVING NOTICE TO A STATE AUTHORIZED TO CARRY OUT A HAZARDOUS WASTE PROGRAM, MAY INSTITUTE A CIVIL ACTION WHEN ANY REQUIREMENT OF A SUBTITLE C OF RCRA IS VIOLATED. THE STATE OF TEXAS, FORMERLY THROUGH THE TEXAS DEPARTMENT OF WATER RESOURCES (TDWR) AND CURRENTLY THROUGH THE TEXAS WATER COMMISSION (TWC) AS THE SUCCESSOR TO TDWR AS OF SEPTEMBER 1, 1985, IS AUTHORIZED BY EPA TO ADMINISTER A HAZARDOUS WASTE PROGRAM. THIS PROGRAM OPERATES IN LIEU OF THE EPA PROGRAM IN TEXAS PURSUANT TO SECTION 3006(C) OF RCRA. THEREFORE, EPA WILL BE INFORCING THE STATE HAZARDOUS WASTE LAWS AGAINST ISC. THUS, VIOLATION OF THE TEXAS SOLID WASTE DISPOSAL ACT (SWDA), VERNON'S ANN. CIV. ST., ART. 4477-7, AND THE REGULATIONS PROMULGATED THEREUNDER AT TITLE 31 OF THE TEXAS ADMINISTRATIVE CODE (TAC) ARE THE BASIS FOR THE PROPOSED ACTION. ANOTHER BASIS FOR THE PROPOSED ACTION IS PROVIDED BY SECTION 3008(H) OF RCRA. EPA HAS SOLE AUTHORITY TO ENFORCE THIS PROVISION SINCE THE STATE OF TEXAS HAS NOT BEEN AUTHORIZED TO ADMINISTER THE REQUIREMENTS OF THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984 (HSWA) INCLUDING THE CORRECTIVE ACTION PROVISION. EPA HAS DETERMINED THAT HAZARDOUS WASTE HAS BEEN RELEASED INTO THE ENVIRON