1. SECTION 3008 OF THE RESOURCE CONSERVATION AND RECOVERY ACT OF 1976 ( RCRA ), 42 U.S.C. SECTION 6928. 2. THE DOW CHEMICAL COMPANY, A DELAWARE COMPANY HIGHWAY 1 PLAQUEMINE, LOUISIANA 3. RESPONDENT WAS IN VIOLATION OF SUBTITLE C OF RCRA BY FAILING TO CORRECT DEFICIENCIES IN RESPONSE TO A NOTICE NOTICE OF DEFICIENCY (NOD). 4. RELIEF SOUGHT PURSUANT TO SECTION 3008 OF RCRA, EPA PRO- POSES A CIVIL PENALTY OF $31,800 AND COMPLIANCE ORDER. THE ORDER REQUIRES THE RESPONDENT TO PROVIDE REVISIONS TO THE TRIAL BURN PLAN, COMMIT TO CONTRACT WITH A QUALIFIED INDEPENDENT THIRD PARTY TO OVERSEE IMPLEMENTATION OF THE QUALITY ASSURANCE PROJECT PLAN (QAPP), PROVIDE JUSTIFICA- TION FOR THE WASTE STREAMS SELECTED FOR EACH TRIAL BURN/ RISK BURN TEST CONDITION, AND NOTIFY EPA OF THE DATE AND TIME ITS TRIAL BURN WILL BE CONDUCTED.