Notice of Lodging of Consent Decree Pursuant to the Resource Conservation and Recovery Act and the Clean Air Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Resource

Conservation and Recovery Act and the Clean Air Act

Notice is hereby given that a consent decree with Quaker State

Corporation in United States and State of West Virginia v. Quaker State

Corporation, Civil Action No. 93-0196W (N.D. W. Va.), was lodged on

November 12, 1996. The consent decree resolves the claims of the United

States and the State of West Virginia under the Resource Conservation

and Recovery Act, as amended, 42 U.S.C. 6901 et seq. (``RCRA'') and the

Clean Air Act (``CAA''), as amended, 42 U.S.C. 7401 et seq. (1990), to

obtain injunctive relief and penalties for violations of RCRA and the

CAA, including the West Virginia State Implementation Plan (``SIP'')

and the Asbestos National Emission Standards for Hazardous Air

Pollutants (``NESHAP''), and their implementing regulations, at the

Quaker State refinery located in Congo, West Virginia. The proposed

consent decree, among other things, obligates the Defendant to:

(1) pay a total cash penalty of $1.752 million, of which

$1,226,400 will be paid to the United States and $525,600 to the

State of West Virginia;

(2) perform a number of Supplemental Environmental Projects

(``SEPs'');

(3) construct replacement units for four basins in the waste

water treatment plant (``WWTP''), and rebuild a concrete pad and

walls where refinery heat exchange bundles were cleaned (``heat

exchanger bundle cleaning pad'');

(4) perform full RCRA closure of the refinery's stormwater

basin, and sampling and equivalent closure measures for the former

aeration basin to investigate and, if necessary, remediate threats

to public health and the environment in the vicinity of that basin;

(5) perform soil sampling and related corrective action measure,

if necessary, to address soil and/or groundwater contamination in

the vicinity of the two other basins at issue in the waste water

treatment plant;

(6) retain contractors to perform a detailed study of the

refinery's existing air desulferization technology to optimize its

performance;

(7) install and operate a caustic scrubber as back-up air

desulferization technology in the event the existing technology

fails to operate or to achieve compliance with emission limits;

(8) install continuous emission monitoring devices;

(9) provide specified training programs for the waste water

treatment plant operators and supervisors;

(10) provide training and certification for asbestos abatement

workers and renovate an asbestos decontamination room.

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

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

proposed partial consent decree. Comments should be addressed to the

Assistant Attorney General for the Environment and Natural Resources

Division, Department of Justice, Washington, D.C. 20530, and should

refer to United States v. Quaker State Corporation, Civ. Action No. 93-

0196W (N.D. W. Va.).

The proposed consent decree may be examined at the United States

Department of Justice, Environment and Natural Resources Division,

Consent Decree Library, 1120 G Street, N.W., 4th Floor, Washington,

D.C. 20005, (202) 624-0892. A copy of the proposed partial consent

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

Library, 1120 G Street, N.W., 4th Floor, Washington, D.C. 20005. In

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

check in the amount of $50.00 (25 cents per page reproduction costs),

payable to the Consent Decree Library. Attachments to the proposed

partial consent decree can be obtained for additional amount.

Joel M. Gross,

Chief, Environmental Enforcement Section.

[FR Doc. 96-30808 Filed 12-3-96; 8:45 am]

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