1. SECTION 3008(A) OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. SECTION 6928(A), AS AMENDED BY THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984 (HSWA). 2. MOTIVA ENTERPRISES LLC., A DELAWARE CORPORATION NORTH END OF HOUSTON AVENUE, EAST OF THE INTERSECTION OF STATE HIGHWAY SPUR 214 AND STATE HIGHWAY 73 PORT ARTHUR, JEFFERSON COUNTY, TEXAS 77640 3. RESPONDENT WAS IN VIOLATION OF SUBTITLE C OF RCRA BY: 1) FAILURE TO MAKE A HAZARDOUS WASTE DETERMINATION; 2) FAIL- RE TO DETERMINE WHETHER WASTES MET LAND DISPOSAL RESTRIC- TIONS; 3) FAILURE TO SEND HAZARDOUS WASTE TO AN AUTHOR- IZED FACILITY; AND 4) OPERATING A HAZARDOUS WASTE STORAGE UNIT WITHOUT INTERIM STATUS OR PERMIT BY FAILING TO MEET THE EXEMPTION REQUIREMENTS. 4. RELIEF SOUGHT PURSUANT TO SECTION 3008(A) OF RCRA, EPA PROPOSED A CIVIL PENALTY OF $28,482 FOR THE VIOLATIONS CITED AND ISSUED THE RESPONDENT A COMPLIANCE ORDER TO CORRECT THE VIOLATIONS.