BACKGROUND: E C ROWLETT CONSTRUCTION CO, OPERATES AN ASPHALT PRODUCTION PLANT. IN 1986, THE FACI- LITY SUBMITTED A PART A FOR STORAGE AND BURNING OF HAZARDOUS WASTE FUEL FOR ENERGY. THE FACI- LITY HAS SINCE CHANGED THE PROCESS AND REVERTED BACK TO BURNING NATURAL GAS. * ARKANSAS DEPARTMENT OF POLLUTION CONTROL AND ECOLOGY (ADPC&E) REFERRED THIS CASE TO EPA FOR ENFORCEMENT OF SUBPART H VIOLATIONS ONLY. ADPC&E IS PURSUING ENFORCEMENT OF OTHER RCRA VIOLATIONS AT THE FACILITY. * ACTION REQUESTED: RECOMMEND THE AO FOR FAILURE TO HAVE FINANCIAL ASSURANCE FOR CLOSURE AND SUDDEN LIABILITY INSURANCE BE SIGNED AND ISSUED. * PROPOSED PENALTY $4,500 FOR FAILURE TO ESTABLISH FINANCIAL ASSURANCE FOR CLOSURE & FAILURE TO DEMONSTRATE FINANCIAL ASSURANCE FOR SUDDEN OCCIDENTAL OCCURENCES.