1. SECTIONS 3008(A) AND (G) OF THE RESOURCE CONSERVATION AND RECOVERY ACT ( RCRA ), 42 U.S.C. SECTIONS 6928(A) AND (G). 2. ASARCO, INC. - EL PASO FACILITY 2301 WEST PAISANO EL PASO, EL PASO COUNTY, TEXAS 79922 3. RESPONDENT WAS IN VIOLATION OF SECTIONS 3010A AND 3004(A) BY 1) FAILING TO NOTIFY EPA OR THE STATE OF ITS HAZARDOUS WASTE ACTIVITY FOR WASTE RECEIVED FROM ETI, 2) OPERATING A HAZARDOUS WASTE STORAGE FACILITY WITHOUT INTERIM STATUS OR A PERMIT, 3) OPERATING AN INDUSTRIAL FURNACE WITHOUT A PERMIT OR INTERIM STATUS, AND 4) OPERATING WASTE PILES WITHOUT A PERMIT OR INTERIM STATUS. 4. RELIEF SOUGHT PURSUANT TO SECTIONS 3008(A) AND (G) OF RCRA, EPA SUBMITTED THIS DIRECT REFERRAL TO DOJ REQUEST- ING THE INITIATION OF A CIVIL ENFORCEMENT ACTION AGAINST THE RESPONDENT. EPA IS SEEKING A CIVIL PENALTY OF $6,795,004. 5. DOJ IS IN THE PROCESS OF NEGOTIATING A SETTLEMENT WITH ASARCO, INC.THAT INVOLVES VARIOUS FACILITIES IN REGION 4, 6, AND 8. THE VIOLATIONS ALLEGED IN THIS REFERRAL AGAINST ASARCO ARE INCLUDED IN THOSE NEGOTIATIONS.