18. EPA hereby restates and incorporates by reference Paragraphs 1 through 17.
19. 30 TEX. ADMIN. CODE ? 335.91(d) provides transporters who store hazardous waste are owners or operators of storage facilities and, as such, are also subject to the permit requirements and storage standards.
20. 30 TEX. ADMIN. CODE ? 335.94(a) (40 C.F.R. 263.12) provides that a unless the executive director determines that a permit should be required in order to protect human health and the environment, a transporter who stores manifested shipments of hazardous waste in containers meeting the requirements of 30 TEX. ADMIN. CODE ? 335.65 at a transfer facility owned or operated by a registered transporter for a period of ten days or less is not subject to the requirement for a permit under 30 TEX. ADMIN. CODE ? 335.2, with respect to the storage of those wastes provided that the transporter complies with the following sections: 1) 40 C.F.R. ? 265.14; 2) 40 C.F.R. ? 265.15; 3) 40 C.F.R. ? 265.16; 4) 40 C.F.R. Part 265, Subpart C; 5) 40 C.F.R. Part 265, Subpart D (except ? 265.56(j)) and 30 TEX. ADMIN. CODE ? 335.113; and 6) 40 C.F.R. Part 265, Subpart I.
21. From the Investigation, EPA determined Respondent, on multiple occasions, stored hazardous waste for a period of greater than 10 days.
22. From the Investigation, EPA determined Respondent, on the occasions where it stored hazardous waste for a period of greater than 10 days was subject to the permit requirements and storage standa