THIS IS A HEADQUARTERS INITIATED CASE.THIS REFERRAL IS FOR ENFORCEMENT OF OFF. OF SOLID WASTE(OSW) REQUESTUNDER RCRA 3007 FOR ACCESS TO SAMPLE AT SHELL OIL CO REFINERY IN MARTINEZ, CA. SAMPLING IS TO BE CONDUCTED AS PART OF OSW'S REGULATORY PROGRAM TO IDENTIFY AND 'LIST' HAZARDOUS WASTES PURSUANT TO MANDATE OF RCRA 3001. IN 8/83, OSW INFORMED SHELL THAT AS PRT OF THE 'LISTING REG PROG, THE PETROL REFINING INDUSTRY HAD BEEN SELECTED FO R STUDY. SHELL WAS ALSO INFORMED THAT ITS MARTINEZ REFINERY WOULD BE SUBJECT OF INFO REQUESTS AND FUTURE SAMPLING EFFORS TS. OVER THE LAST YR, SHELL HAS PROVIDED INFO AND WORKED CO OPERATIVELY W/OSW TO REACH AGREEMENT ON APPROP SAMPLNG PLAN. ON 9/28/84, HOWEVER, SHELL CHANGED POSITION AND INFORME D OSW THAT SHELL WOULD NOT PRMT EPA TO DO AGREED UPON SAMPLI NG OF SPENT HYDROCRACKER CATALYST. SHELL'S POSITION IS THAT EPA DOES NOTHAVE AUTHORITY TO SAMPLE CATALYST BECAUSE CATAL YST IS RECLAIMED, NOT DISCARDED AND IS THEREFORE NOT A SOLID NOR HAZ WASTE. EPA HAS EVIDENCE THAT CATALYST IS NOT ALWAYS RECLAIMED BY SHELL OR BY INDUSTRY IN GENERAL. MOREOVER, EPA POSITION IS THAT FOR PURPOSES OF DEVELOPING THESES PARTICULA R REGS, EPA MUST ONLY HAVE A REASONABLE BASIS TO BELIEVE THA T THE PARTICULAR WASTE AT ISSUE FALLS W/IN STATUTORY DEF- INITION OF HAZ WASTE.