W J SMITH WOOD PRESERVING COMPANY, LITIGATION REPORT. STATUTES AND REGULATIONS WHICH ARE THE BASIS FOR THE PRO- POSED ACTION: RCRA SECTION 3005(A), 42 USC 6925(A) RCRA SECTION 3005(E), 42 USC 6925(E)(2) RCRA SECTION 3008(A), 42 USC 6928(A) * SECTION 3008(A) OF THE RCRA PROVIDES THAT THE EPA, AFTER GIVING NOTICE TO A STATE AUTHORIZED TO ADMINISTER A HAZ- ARDOUS WASTE PROGRAM, MAY INSTITUTE A CIVIL ACTION WHEN ANY REQUIREMENT OF SUBTITLE C OF RCRA IS VIOLATED. * THE STATE OF TEXAS HAS RECEIVED FINAL AUTHORIZATION TO AD- MINISTER A HAZARDOUS WASTE MANAGEMENT PROGRAM IN LIEU OF THE FEDERAL PROGRAM IN TEXAS PURSUANT TO SECTION 3006(C) OF RCRA. * THEREFORE, EPA WILL BE ENFORCING THE STATE HAZARDOUS WASTE LAWS AGAINST W J SMITH. THESE VIOLATIONS OF THE TEXAS SOLID WASTE DISPOSAL, AND THE REGULATIONS PROMULAGTED THEREUNDER AT TITLE 31 OF THE TEXAS ADMINISTRATIVE CODE ARE THE BASIS FOR THE PROPOSED ACTION. * GEOGRAPHICALLY, THE W J SMITH WOOD PRESERVING COMPANY IS LOCATED AT LATITUDE 33 DEGREES, 45 M