HAWAII WESTERN STEEL, LIMITED, INC. ( HWS ) OPERATES A SECONDARY STEEL PRODUCTION PLANT. IN OPERATING THE PLANT, HWS GENERATES BAGHOUSE DUST, A RESOURCE CONVERSATION AND RECOVERY ACT HAZARDOUS WASTE. SEVERAL INSPECTIONS BY HAWAII DEPARTMENT OF HEALTH ( HDOH ) AND EPA REVEALED PILES OF BAGHOUSE DUST ON THE SOIL AT THE PLANT AND BAGS OF BAGHOUSE DUST STORED IN THE PLANT FOR GREATER THAN 90 DAYS. TESTS OF SOIL AT THE PLANT HAVE REVEALED CONCENTRATIONS OF LEAD AND CADMIUM, WHICH ARE CONTAINED IN THE BAGHOUSE DUST, EXCEEDING THE MINIMUM LEVELS FOR RCRA CHARACTERISTIC WASTES. THE PLANT IS NOT PERMITTED AS A RCRA TREATMENT, STORAGE OR DISPOSAL FACILITY. HWS BURNS SOME OF THE BAGHOUSE DUST IN THE ELECTRIC ARC FURNACE AT THE PLANT. THE AGENCY PROPOSES TO CHARGE HWS WITH VIOLATING RCRA'S PERMITTING REQUIREMENTS AND REGULATIONS REGARDING STORAGE AND TREATMENT OF HAZARDOUS WASTE. THE AGENCY ALSO PROPOSES TO CHARGE THE ESTATE OF JAMES CAMPBELL, WHICH OWNS THE LAND AT THE PLANT, WITH VIOLATING RCRA'S PERMITTING REQUIREMENTS. BEGINNING 1974 OR EARLIER, HWS DISPOSED OF HAZARDOUS WASTE AT A LANDFILL NEAR THE PLANT OWNED BY THE ESTATE. THE LANDFILL IS NOT PERMITTED UNDER RCRA AS A DISPOSAL FACILITY. THE AGENCY PROPOSES TO CHARGE HWS AND THE ESTATE WITH VIOLATING RCRA'S PERMITTING REQUIREMENTS AT THE LANDFILL AND TO SEEK CLOSURE OF THE LANDFILL UNDER 40 C.F.R. PART 265.