TEXAS INDUSTRIES, INC. (RESPONDENT) IS INCORPORATED IN AND UNDER THE LAWS OF THE STATE OF DELAWARE. RESPONDENT WAS QUALIFIED TO DO BUSINESS IN THE STATE OF TEX- AS ON SEPT. 24, 1951. RESPONDENT IS A PERSON AS DEFINED AT TEX. REV. STAT. ANN. ART 4477-7(2) (VERNON SUPP. 1988), AND IN SECTION 1004(15) OF RCRA, 42 U.S.C. SEC. 6903(15), AND 40 C.F.R. SEC. 260.10. RESPONDENT OWNS AND OPERATES A CEMENT PLANT (THE PLANT) LOC- ATED AT 245 WARD ROAD, MIDLOTHIAN, TX., WHERE IT PRODUCES PORTLAND AND HYDRAULIC CEMENT USING THE WET (WATER SLURRY) PROCESS. THE PLANT OPERATES 24 HOURS PER DAY, 365 DAYS PER YEAR WITH A PRODUCTION RATE OF ABOUT 1,200, 000 TONS OF PORTLAND CE- MENT PER YEAR IN FOUR ROTARY CEMENT KILNS. ON MAY 26, 1987, RESPONDENT SUBMITTED A NOTIFICATION OF HAZ- ARDOUS WASTE ACTIVITY (NOTIFICATION) TO EPA. RESPONDENT CERTIFIED THAT IT TRANSPORTED, MARKETED, AND BURNED HAZARD- OUS WASTE FUELS. ON MAY 20, 1991, RESPONDENT SUBMITTED AN UPDATE OF ITS NOTI- FICATION OF HAZARDOUS WASTE ACTIVITY (UPDATE NOTIFICATION) TP EPA. IT CERTIFIED IT WAS A BURNER OF HAZARDOUS WASTE FUELS. ON AUGUST 21, 1991, RESPONDENT SUBMITTED A PART A PERMIT AP- PLICATION AS A BURNER OF HAZARDOUS WASTE FUELS. IN ADDITION TO HAZARDOUS AND CLASS I