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

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URL: https://www.frixlaw.com/law-library/documents/fr%3A96-30808

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** December 4, 1996
- **Citation:** 61 FR 64369

## Text

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]
BILLING CODE 4410-15-M

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A96-30808. Public record. Not legal advice.
