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

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree Pursuant to the Resource

Conservation and Recovery Act

In accordance with Departmental policy, 28 CFR Sec. 50.7, notice is

hereby given that a proposed consent decree in United States v.

Somerset Refinery Inc., Civil Action No. 93-186, was lodged on April

28, 1997 with the United States Court for the Eastern District of

Kentucky. The second amended complaint was brought pursuant to Sections

3005, 3008, and 9006 of the Resource Conservation and Recovery Act

(RCRA), 42 U.S.C. Secs. 6925, 6928 and 6991e against Somerset Refinery,

Inc. and Somerset Oil, Inc. (Somerset). The second amended complaint

sought civil penalties and injunctive relief. Somerset owns and

operates a small petroleum refinery located in Somerset, Kentucky. The

second amended complaint alleged numerous RCRA violations based on the

unpermitted treatment, storage, and disposal of various hazardous

wastes at Somerset's refining facility. Most of these violations relate

to the facility's petroleum wastewater treatment system. In addition,

Somerset owns and operates approximately 250 underground storage tanks

for gasoline, diesel, and other petroleum products at service stations

throughout eastern Kentucky. The second amended complaint alleged

numerous violations of the RCRA petroleum underground storage tank

(UST) regulations, 40 CFR part 280.

Under the terms of the consent decree, Somerset will be required to

perform corrective action pursuant to Section 3008(h) of RCRA, 42

U.S.C. Sec. 6928(h), at the Somerset refinery, which EPA has estimated

will cost in excess of $4 million. Somerset will also pay a civil

penalty in the amount of $200,000 and will perform a Supplemental

Environmental Project involving remediation of abandoned USTs in

eastern Kentucky.

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

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

proposed 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. Somerset Refinery, Inc., DOJ Ref. #90-7-1-714.

The proposed consent decree may be examined at the office of the

United States Attorney, Eastern District of Kentucky, 110 West Vine

Street, Suite 400, Lexington, Kentucky 40507; the Region 4 Office of

the Environmental Protection Agency, 100 Alabama Street, S.W., Atlanta,

Georgia 30303; and at the Consent Decree Library, 1120 G Street, N.W.,

4th Floor, Washington, D.C. 20005, (202) 624-0892. A copy of the

proposed 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 $6.25 (25 cents

[[Page 27277]]

per page reproduction costs), payable to the Consent Decree Library.

Joel Gross,

Chief, Environmental Enforcement Section, Environment and Natural

Resources Division.

[FR Doc. 97-12978 Filed 5-16-97; 8:45 am]

BILLING CODE 4410-15-M