1. SECTION 3008(A) OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. SECTION 6928(A). 2. KESSLER INDUSTRIES, INC., A TEXAS CORPORATION 8600 GATEWAY EAST BLVD. EL PASO, EL PASO COUNTY, TEXAS 79907 3. RESPONDENT WAS IN VIOLATION OF SUBTITLE C OF RCRA BY 1) FAILING TO DETERMINE WHETHER THE SOLID WASTE GENERATED AT RESPONDENT'S FACILITY WAS A HAZ. WASTE, 2) STORING AND OFFERING FOR DISPOSAL HAZ. WASTE (TOLUENE, BUTANONE, LEAD AND CHROMIUM AT ELEVATED LEVELS) AT THE FACILITY WITHOUT A PERMIT OR INTERIM STATUS, 3) OFFERING HAZ. WASTE FOR TRANSPORTATION OFF-SITE FOR DISPOSAL BY FACILITIES NOT AUTHORIZED BY EPA TO TRANSPORT OR DISPOSE OF HAZ. WASTE., 4) FAILING TO PROVIDE TO EAP A NOTIFICATION OF HAZ. WASTE ACTIVITY AT RESPONDENT'S FACILITY, 5) FAILING TO PREPARE THE HAZ. WASTE SHIPMENT MANIFEST, AND 6) FAILING TO DE- TERMINE IF ITS SOLID WASTE WAS SUBJECT TO THE LAND BAN REQUIREMENTS AND PROVIDING THE WRITTEN REQUIRED NOTIFICA- TION REGARDING WASTE ANALYSIS FOR WASTE SUBJECT TO THE LAND DISPOSAL REQUIREMENTS. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008(A) OF RCRA, EPA PROPOSES A CIVIL PENALTY OF $51,000 AND ISSUED A COMPLI- ANCE TO THE RESPONDENT. THE ORDER REQUIRES THE RESPONDENT TO: 1) IMMEDIATELY CEASE UNAUTHORIZED STORAGE, TRANSPORT- ATION, AND DISPOSAL OF HAZ. WASTE