(SEE CASE NO. 06-87-E020). STATUTES AND REGULATIONS WHICH ARE THE BASIS FOR THE PRO- POSED ACTION: SECTION 3008(A) PROVIDES THAT EPA, AFTER GIVING NOTICE TO A STATE AUTHORIZED TO CARRY OUT A HAZARDOUS WASTE PROGRAM, MAY INSTITUTE A CIVIL ACTION FOR CIVIL PENAL- TIES AND INJUNCTIVE RELIEF WHEN ANY REQUIREMENT OF SUB- TITLE C OF RCRA IS VIOLATED. THE STATE OF LA, FORMERLY THROUGH THE LA DEPARTMENT OF DNR AND LDEQ, HAS RECEIVED FINAL AUTHORIZATION BY EPA TO ADMINISTER THE FEDERAL HAZARDOUS WASTE PROGRAM IN LA. THIS PROGRAM OPERATES IN LIEU OF THE EPA PROGRAM IN LA PURSUANT TO SECTION 3006(B) OF RCRA. THEREFORE, EPA WILL BE ENFORCING THE STATE HAZARDOUS WASTE LAWS AGAINST THE DEFENDANTS. THUS, VIOLATIONS OF THE LA ENVIRONMENTAL QUALITY ACT, LRS 30:1051 AND THE REGULATIONS PROMULGATED THEREUNDER AS THE LHWMP AND ITS SUCCESSOR, THE LHWR, ARE THE BASIS FOR THE PROPOSED ACTION. SECTION 3008(H) OF RCRA PROVIDES THAT WHENEVER EPA DETERMINES THERE HAS BEEN A RELEASE OF HAZARDOUS WASTE INTO THE ENVIRONMENT FORM A FACILITY AUTHORIZED TO OPERATE UNDER SECTION 3005(E) OF RCRA, EPA MAY COMMENCE A CIVIL ACTION SEEKING CORRECTIVE ACTION OR SUCH OTHER RESPONSE AS IS NECESSARY TO PROTECT HUMAN HEALTH OR THE ENVIRONMENT.