Notice of Lodging a Joint Stipulation of Settlement Pursuant to the Resource Conservation and Recovery Act

DEPARTMENT OF JUSTICE

Notice of Lodging a Joint Stipulation of Settlement Pursuant to

the Resource Conservation and Recovery Act

In accordance with Departmental policy, 28 CFR 50.7, and 42 U.S.C.

Sec. 6973(d), notice is hereby given that on July 25, 1996, a proposed

modification of consent decree in United States v. Dale Valentine, et

al., Civil Action No. 93CV1005J, was lodged with the United States

District Court for the District of Wyoming.

The complaint filed by the United States on February 19, 1993,

seeks injunctive relief and civil penalties under Section 7003 of the

Resource Conservation and Recovery Act (``RCRA''), 42 U.S.C. Sec. 6973.

The complaint alleges that an abandoned oil reprocessing facility near

Glenrock, Wyoming, commonly known as Powder River Crude Processors or

Big Muddy Oil Processors (the ``Site''), may present an imminent and

substantial endangerment to human health or the environment. The

complaint seeks injunctive relief and civil penalties for violations of

administrative orders issued by EPA under Section 7003 of RCRA for a

cleanup of the Site.

Under a Consent Decree entered by the U.S. District Court for the

District of Wyoming on June 21, 1994, five defendants (Texaco Refining

and Marketing, Inc., Conoco Pipe Line Company, True Oil Company,

Eighty-Eight Oil Company, and Phillips Petroleum Company) agreed to pay

a civil penalty of $300,000 for their past violations of the

administrative orders and agreed to perform a clean up of the Site,

designed to address conditions at the Site which may present an

imminent and substantial endangerment to health or the environment. The

proposed modification of this Consent Decree provides that one of the

performance standard for soils more than three feet below the ground

surface will be changed from a standard of less than 100 ppm Total

Petroleum Hydrocarbons to a standard of less than 3.3 ppm

benzo(a)pyrene.

The Department of Justice will receive, for a period of thirty (30)

days from the date of this publication, comments relating to the

proposed modification of settlement. Comments should be addressed to

the Assistant Attorney General of the Environment and Natural Resources

Division, Department of Justice, P.O. Box 7611, Ben Franklin Station,

Washington, DC 20044, and should refer to United States v. Dale

Valentine, et al., DOJ Ref. #90-7-1-692. In accordance with Section

7003(d) of RCRA, commenters can also request a public meeting in the

affected area.

The proposed modification may be examined at the Office of the

United States Attorney for the District of Wyoming, 3rd Floor, Federal

Building, 111 South Wolcott, Casper, Wyoming 82601; the United States

Environmental Protection Agency, Region 8, 999 18th Street--Suite 500,

Denver, Colo. 80202-2466; and at the Consent Decree Library, 1120 ``G''

Street, NW., 4th Floor, Washington, DC 20005, (202) 624-0892. A copy of

the proposed modification

[[Page 40659]]

may be obtained in person or by mail from the Consent Decree Library,

1120 G Street, NW., 4th Floor, Washington, DC 20005. In requesting a

copy, please refer to the referenced case and number, and enclose a

check in the amount of $3.25 (25 cents per page reproduction costs),

payable to the Consent Decree Library.

Joel M. Gross,

Section Chief, Environmental Enforcement Section, Environment and

Natural Resources Division.

[FR Doc. 96-19734 Filed 8-2-96; 8:45 am]

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