1. SECTION 3008(A) OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. SECTION 6928(A). 2. ENCYCLE/TEXAS , INC., A WHOLLY OWNED SUDSIDIARY OF ASARCO 5500 UPRIVER ROAD CORPUS CHRISTI, NUECES COUNTY, TEXAS 3. ENCYCLE/TEXAS, INC., A WHOLLY OWNED SUBSIDIARY OF ASARCO INC., IS LOCATED AT 5500 UPRIVER ROAD ON THE TEXAS GULF COAST IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TX. ENCYCLE RECEIVES RCRA LISTED AND CHARACTERISTIC HAZARDOUS WASTES, WASTES WHICH ARE ALLEGEDLY EXEMPT FOR RCRA PUR- SUANT TO THE BEVILL AMENDMENT, AND INDUSTRIAL NON-HAZARD- OUS WASTES. ENCYCLE CLAIMS TO PRODUCE VARIOUS PRODUCTS FROM THESE MATERIALS WHICH ARE SHIPPED TO SMELTERS THROUGHOUT THE U.S. AND SOME FOREIGN COUNTRIES FOR METALS RECLAMATION. WHILE ENCYCLE HAS A RCRA STORAGE PERMIT, THE FACILITY HAS NEVER RECEIVED A RCRA HAZARDOUS WASTE TREAT- MENT PERMIT BECAUSE THE COMPANY CLAIMS THAT ITS OPERA- TIONS CONSTITUTE EXEMPT RECYCLING. SPECIFICALLY, ENCYCLE CLAIMS THAT ITS PRODUCTS ARE USED AS EFFECTIVE SUBSTI- TUTES FOR COMMERCIAL PRODUCTS PURSUANT TO 40 CFR SECTION 261.2(E)(II), AND THEREFORE, THE PRODUCTS ARE NOT DE- FINED AS SOLID OR HAZARDOUS WASTE UNDER RCRA. THE VIOLATIONS ALLEGED IN THIS REFERRAL FALL INTO TWO CATEGORIES: (1) VIOLATIONS OF ENCYCLE'S STORAGE PERMIT; AND (2) CONSTITUTE REGULATED TREA