SINCE 1985, MARINE SHALE PROCESSORS, INC. (MSP), LOCATED IN AMELIA, LOUISIANA, HAS OPERATED A ROTARY KILN COMBUSTION PROCESS WHICH INCINERATES VARIOUS MATERIALS, INCLUDING MATERIALS WHICH ARE CLASSIFIED AS HAZARDOUS WASTES. THE AMBIENT AIR EMISSIONS FROM THIS PROCESS ARE REGULATED BY AIR QUALITY PERMIT NO. 1036 M-1, ISSUED BY THE LOUISIANA DEPART- MENT OF ENVIRONMENTAL QUALITY (LDEQ) PURSUANT TO THE STATE IMPLEMENTATION PLAN (SIP), LOUISIANA ADMINISTRATIVE CODE (LAC) 33:III.505.A.1. ON JANUARY 3, 1986, MODIFICATIONS TO MSP'S AIR QUALITY PERMIT WERE GRANTED BY LDEQ, SETTING FORTH THE CURRENT NITROGEN OXIDES (NOX), CARBON MONOXIDE (CO), AND HYDROCARBON (HC) EMISSIONS LIMITATIONS FOR THE ROTARY KILN COMBUSTION PROCESS. FROM EARLY 1986 THROUGH OCTOBER 1986, MSP WAS UNDER INVESTIGATION BY LDEQ FOR AIR, WATER, AND HAZARDOUS WASTE VIOLATIONS. IN OCTOBER 1986, LDEQ REFERRED THE MSP MATTER TO EPA REGION 6 FOR A DETERMINATION AS TO WHETHER THE FACILITY WAS A LEGITIMATE REUSE/RECYCLE FACILITY AND FOR CONSIDERATION OF APPROPRIATE ENFORCEMENT ACTION. IN NOVEMBER 1986, EPA CONDUCTED A CRIMINAL AND CIVIL INVESTIGATION OF MSP WHICH RESULTED IN A CRIMINAL ENFORCE- MENT ACTION AND A PLEA AGREEMENT IN WHICH MSP AGREED TO PLEAD GUILTY TO A RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) VIOLATION, TWO RIVERS AND HARBORS ACT VIOLATIONS, AND PAYMENT OF A $1,000,000 CRIMINAL PENAL